Senate Bill sb2650

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    Florida Senate - 2005                                  SB 2650

    By Senator Posey





    24-1316-05                                              See HB

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.012, F.S.; revising duties of the Secretary

  4         of State as chief election officer; amending s.

  5         97.021, F.S.; revising definitions; creating s.

  6         97.029, F.S.; relating to the award of

  7         attorney's fees and costs in proceedings

  8         challenging election or voter registration law;

  9         amending s. 97.051, F.S.; revising the oath a

10         person must take to register to vote; amending

11         s. 97.052, F.S.; revising provisions relating

12         to the uniform statewide voter registration

13         application; removing the requirement that the

14         uniform statewide voter registration

15         application must contain certain homestead

16         exemption information; amending s. 97.053,

17         F.S.; revising criteria for a voter

18         registration application to be deemed complete;

19         specifying where an initial voter registration

20         application may be mailed; amending s. 97.055,

21         F.S.; providing for permitted updates once

22         registration books are closed; creating s.

23         97.0575, F.S.; regulating third-party voter

24         registrations and registration organizations;

25         requiring third-party voter registration

26         organizations to name a registered agent and

27         submit certain information to the Division of

28         Elections; providing for a fiduciary duty of

29         the third-party voter registration organization

30         to the applicant; providing for joint and

31         several liability for a breach of fiduciary

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         duty; specifying fines; authorizing the

 2         division to investigate certain violations;

 3         providing for collected fines to be set aside

 4         by the division in a trust fund; authorizing

 5         the division to adopt certain rules; amending

 6         s. 98.045, F.S.; correcting a cross reference;

 7         amending s. 98.077, F.S.; providing for

 8         signature updates for use in verifying absentee

 9         and provisional ballots; providing a deadline

10         for the supervisor of elections to receive

11         voter signature updates; amending s. 99.061,

12         F.S.; amending to conform; revising a financial

13         disclosure requirement for candidate

14         qualification; providing a submission deadline

15         for qualifying papers; amending s. 99.063,

16         F.S.; revising a financial disclosure

17         requirement for certain designated candidates;

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

19         qualifying fees of candidates, to conform;

20         amending s. 99.095, F.S.; providing for a

21         petition process in lieu of a qualifying fee

22         and party assessment; providing requirements

23         for signatures and petition format; providing

24         submission deadlines; amending s. 99.0955,

25         F.S.; revising provisions relating to

26         candidates with no party affiliation; amending

27         to conform; deleting obsolete provisions;

28         amending s. 99.096, F.S.; revising filing

29         requirements of minor political party

30         candidates; amending to conform; deleting

31         obsolete provisions; amending s. 99.09651,

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         F.S., relating to signature requirements for

 2         ballot position in a year of apportionment, to

 3         conform; amending s. 100.011, F.S.; requiring

 4         electors in line at the official closing of the

 5         polls to be allowed to vote; amending s.

 6         100.101, F.S.; deleting a provision requiring a

 7         special election to be held if a vacancy occurs

 8         in nomination; amending s. 100.111, F.S.;

 9         revising requirements relating to filling

10         candidate vacancies; deleting provisions

11         relating to a prohibition of qualified

12         candidates to fill a vacancy in nomination;

13         deleting obsolete provisions; amending s.

14         100.141, F.S.; conforming provisions relating

15         to vacancies in nomination and qualifying by an

16         alternative method; amending s. 101.031, F.S.;

17         revising the voter's bill of rights to allow

18         for an elector whose identity in question to

19         cast a provisional ballot and to remove the

20         right for an elector to prove identity by

21         signing an affidavit; amending s. 101.043,

22         F.S., relating to identification required at

23         polls, to conform; amending s. 101.048, F.S.;

24         providing a person casting a provisional ballot

25         the right to present certain eligibility

26         evidence by a certain date; providing for the

27         county canvassing board to review provisional

28         ballot voter's certificates and affirmations;

29         providing a standard of review; revising the

30         provisional ballot voter's certificate and

31         affirmation form; revising provisions relating

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         to casting provisional ballots by electronic

 2         means; amending s. 101.049, F.S.; providing for

 3         provisional ballots and persons with

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

 5         prohibiting solicitation of assistance to

 6         electors with certain disabilities at certain

 7         locations; providing a penalty; requiring a

 8         person providing an elector assistance to vote

 9         to take a specified oath; amending s. 101.111,

10         F.S.; revising the oath taken by persons

11         challenging the right of a person to vote;

12         deleting the oath required to be taken by a

13         person whose right to vote was challenged and

14         allowing that person to cast a provisional

15         ballot; providing a prohibition against and

16         penalty for frivolous challenges; amending s.

17         101.131, F.S.; allowing certain poll watchers

18         in early voting areas and polling rooms;

19         providing limitations and restrictions on

20         behavior of poll watchers; providing deadlines

21         regarding designation and approval of poll

22         watchers; amending s. 101.151, F.S.; replacing

23         paper ballots with marksense ballots and

24         accompanying specifications; amending s.

25         101.171, F.S.; requiring a copy of

26         constitutional amendments to be available at

27         polls in poster or booklet form; amending s.

28         101.294, F.S.; prohibiting a vendor of voting

29         equipment from providing an uncertified voting

30         system or upgrade; providing for certification

31         of voting systems and upgrades; amending s.

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         101.295, F.S.; providing a penalty; amending s.

 2         101.49, F.S.; revising the procedure of

 3         election officers where signatures differ;

 4         amending s. 101.51, F.S., relating to electors'

 5         occupation of booths, to conform; amending s.

 6         101.5606, F.S., relating to requirements for

 7         approval of voting systems, to conform;

 8         amending s. 101.5608, F.S., relating to voting

 9         by electronic or electromechanical methods, to

10         conform; amending s. 101.5612, F.S.; providing

11         for additional testing of voting systems under

12         certain circumstances; amending s. 101.5614,

13         F.S.; correcting a cross reference; amending s.

14         101.572, F.S.; revising a provision relating to

15         the public inspection of ballots; amending s.

16         101.58, F.S.; authorizing any Department of

17         State employee full access to all premises,

18         records, equipment, and staff of the supervisor

19         of elections; amending s. 101.595, F.S.;

20         providing for the reporting of overvotes and

21         undervotes in presidential or gubernatorial

22         races; amending s. 101.6103, F.S.; authorizing

23         canvassing boards to begin canvassing mail

24         ballots before the election; providing a time

25         when the results may be released; providing a

26         penalty; amending s. 101.62, F.S.; revising

27         provisions relating to the deadline by which

28         the supervisor of elections must receive a

29         request for an absentee ballot to be mailed to

30         a voter; requiring information relating to

31         absentee receipt and delivery dates to be

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         available to the voter requesting the ballot;

 2         providing for unavailable regular absentee

 3         ballots for overseas electors; providing a

 4         deadline by which an absentee ballot request

 5         may be fulfilled by personal delivery; amending

 6         s. 101.64, F.S.; providing for a certain oath

 7         to be provided to overseas electors in lieu of

 8         a voter's certificate; amending s. 101.657,

 9         F.S.; revising requirements relating to early

10         voting locations; revising the deadline to end

11         early voting; providing for uniformity of

12         county early voting sites; requiring any person

13         in line at the closing of an early voting site

14         to be allowed to vote; providing for early

15         voting in municipal and special district

16         elections; amending s. 101.663, F.S.; revising

17         provisions relating to certain electors who

18         move to another state; amending s. 101.68,

19         F.S.; providing that an absentee ballot is

20         deemed to have been cast once it has been

21         received by the supervisor; amending s. 101.69,

22         F.S.; revising a provision relating to voting

23         in person by electors who have requested

24         absentee ballots; amending s. 101.6923, F.S.;

25         revising a provision relating to special

26         absentee ballot instructions for certain

27         voters; amending s. 101.694, F.S.; requiring

28         certain absentee envelopes to meet

29         specifications as determined by a certain

30         federal program; amending s. 101.697, F.S.;

31         providing a condition on the department's

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         ability to accept certain election materials by

 2         electronic transmission from overseas voters;

 3         amending s. 102.012, F.S.; revising provisions

 4         to require supervisors of election to appoint

 5         one election board for each precinct; requiring

 6         each supervisor to furnish inspectors of

 7         election in each precinct with the list of

 8         registered voters for the precinct; amending s.

 9         102.014, F.S.; requiring the division to

10         develop a uniform training curriculum for poll

11         workers; revising grounds upon which a

12         supervisor shall replace an inspector or clerk;

13         revising requirements relating to the

14         provisions and availability of a uniform

15         polling place procedures manual; amending s.

16         102.031, F.S.; revising a provision relating to

17         maintenance of good order at polls,

18         authorities, persons allowed in polling rooms,

19         and unlawful solicitation of voters to apply to

20         early voting areas; prohibiting a person from

21         bringing a camera into a polling room or early

22         voting area; increasing the distance for the no

23         solicitation zone; providing for the

24         designation of the no solicitation zone;

25         amending s. 102.071, F.S.; decreasing the

26         certificates of the results needed to one;

27         amending s. 102.111, F.S.; providing for

28         typographical errors in official county returns

29         to be certified by the Elections Canvassing

30         Commission; amending s. 102.112, F.S.;

31         requiring the county returns to contain a

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         certain certification; authorizing the

 2         department to correct typographical errors in

 3         county returns; amending s. 102.141, F.S.;

 4         revising provisions relating to county

 5         canvassing boards and their duties; requiring

 6         that the county canvassing board be responsible

 7         for ordering county and local recounts;

 8         revising deadlines relating to submission of

 9         unofficial returns; adding procedure and

10         content requirements relating to county

11         canvassing boards' reports on conduction of

12         elections; requiring the department to adopt

13         rules establishing the required content and

14         acceptable formats for certain filings;

15         amending s. 102.166, F.S.; revising provisions

16         relating to manual recounts; amending s.

17         102.168, F.S.; revising proper party defendants

18         in actions contesting the election or

19         nomination of a candidate; amending s. 103.021,

20         F.S.; requiring the state executive committee

21         of each political party to recommend candidates

22         for presidential electors to the Governor using

23         a specified procedure; providing definitions;

24         amending ss. 103.051 and 103.061, F.S.;

25         revising certain meeting and notice times of

26         the presidential electors; amending s. 103.121,

27         F.S.; revising the powers and duties of

28         executive committees; amending s. 104.051,

29         F.S.; prohibiting willful failure of a

30         supervisor or county canvassing board member to

31         follow a certain binding directive; providing a

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         penalty; authorizing only the Secretary of

 2         State to file certain complaints; amending s.

 3         105.031, F.S.; exempting school board

 4         candidates from qualifying fee requirements;

 5         revising requirements relating to financial

 6         interest statements made by public officers;

 7         providing a time by which a qualifying officer

 8         may accept and hold certain qualifying papers;

 9         amending s. 105.035, F.S.; renaming the

10         "alternative method" of qualifying for certain

11         offices as the "petition process"; removing

12         provisions requiring a person seeking to

13         qualify by the petition process to file a

14         certain oath; providing a limitation upon

15         elector signatures needed by certain

16         candidates; revising deadlines; amending s.

17         106.22, F.S.; revising the duties of the

18         Division of Elections to remove the duty to

19         conduct certain investigations and make

20         subsequent reports; amending s. 106.29, F.S.,

21         relating to the powers and duties of the

22         Florida Elections Commission, to conform;

23         amending s. 16.56, F.S.; authorizing the Office

24         of Statewide Prosecution to investigate and

25         prosecute the offenses of crimes involving

26         voter registration, voting, or candidate or

27         issue petition activities; amending s. 119.07,

28         F.S.; placing a condition on when the

29         supervisor of elections shall notify certain

30         candidates of ballot inspection; amending s.

31         120.52, F.S.; revising a definition of "rule"

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         to exempt certain Division of Election advisory

 2         opinions and Secretary of State directives;

 3         amending s. 145.09, F.S.; requiring the

 4         Department of State to adopt rules establishing

 5         certification requirements of supervisors of

 6         elections; repealing s. 98.095, F.S., relating

 7         to county registers open to inspection and

 8         copies; repealing s. 98.0979, F.S.; relating to

 9         the statewide voter registration database's

10         being open to inspection and copies; repealing

11         s. 98.181, F.S., relating to supervisors of

12         elections making up indexes or records;

13         repealing s. 98.481, F.S., relating to

14         challenge to electors; repealing s. 101.253,

15         F.S.; relating to when names are not to be

16         printed on ballots; repealing s. 101.635, F.S.;

17         relating to distribution of blocks of printed

18         ballots; repealing s. 102.061, F.S.; relating

19         to duties of election board, counting, and

20         closing polls; repealing s. 106.085, F.S.,

21         relating to independent expenditures,

22         prohibited unfair surprise, notice

23         requirements, and a penalty; repealing s.

24         106.144, F.S.; relating to endorsements or

25         opposition by certain groups and organizations;

26         providing an effective date.

27  

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

29  

30         Section 1.  Section 97.012, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         97.012  Secretary of State as chief election

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

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

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

 5  operation, and interpretation of the election laws. In

 6  achieving this objective, the secretary or his or her designee

 7  is authorized to issue binding directives to the supervisors

 8  of elections and the county canvassing boards when the

 9  secretary determines that a lack of uniformity exists in the

10  application, operation, or interpretation of the election

11  laws. A willful failure to follow directives issued by the

12  secretary shall subject the violator to the penalties in s.

13  104.051(5). The secretary is authorized to file complaints

14  with the Florida Elections Commission alleging a violation of

15  s. 104.051(5).

16         (2)  Provide uniform standards for the proper and

17  equitable implementation of the registration laws.

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

19  statistics necessary to knowledgeably scrutinize the

20  effectiveness of election laws.

21         (4)  Provide technical assistance to the supervisors of

22  elections on voter education and election personnel training

23  services.

24         (5)  Provide technical assistance to the supervisors of

25  elections on voting systems.

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

27  Voter education activities of the department or the department

28  in combination with the supervisors of elections, either

29  individually or in the aggregate, or with their respective

30  professional associations, are not subject to the competitive

31  solicitation requirements of s. 287.057(5).

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

 2  National Voter Registration Act of 1993.

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

 4  the necessary procedures for proper implementation of this

 5  chapter.

 6         (9)  Ensure that all registration applications and

 7  forms prescribed or approved by the department are in

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

 9  Voter Registration Act of 1993.

10         (10)  Coordinate with the United States Department of

11  Defense so that armed forces recruitment offices administer

12  voter registration in a manner consistent with the procedures

13  set forth in this code for voter registration agencies.

14         (11)  Create and maintain a statewide voter

15  registration system in accordance with the Help America Vote

16  Act of 2002 database.

17         (12)  Maintain a voter fraud hotline and provide

18  election fraud education to the public.

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

20  responsible for providing information regarding voter

21  registration procedures and absentee ballot procedures to

22  absent uniformed services voters and overseas voters.

23         (14)  Conduct preliminary investigations into any

24  irregularities or fraud involving voter registration, voting,

25  or candidate or issue petition activities and report its

26  findings to the statewide prosecutor or the state attorney for

27  the judicial circuit in which the alleged violation occurred

28  for prosecution, where warranted. The department may prescribe

29  by rule requirements for filing an elections fraud complaint

30  and for investigating any such complaint.

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         Section 2.  Section 97.021, Florida Statutes, is

 2  amended to read:

 3         97.021  Definitions.--For the purposes of this code,

 4  except where the context clearly indicates otherwise, the

 5  term:

 6         (1)  "Absent elector" means any registered and

 7  qualified voter who casts an absentee ballot.

 8         (2)  "Alternative formats" has the meaning ascribed in

 9  the Americans with Disabilities Act of 1990, Pub. L. No.

10  101-336, 42 U.S.C. ss. 12101 et seq., including specifically

11  the technical assistance manuals promulgated thereunder, as

12  amended.

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

14  reference to:

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

16  of paper, used in conjunction with an electronic or

17  electromechanical vote tabulation voting system, containing

18  the names of candidates, or a statement of proposed

19  constitutional amendments or other questions or propositions

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

21  paper an elector casts his or her vote.

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

23  ballot that is voted by the process of electronically

24  designating, including by touchscreen, or marking with a

25  marking device for tabulation by automatic tabulating

26  equipment or data processing equipment.

27         (4)  "Candidate" means any person to whom any one or

28  more of the following applies:

29         (a)  Any person who seeks to qualify for nomination or

30  election by means of the petitioning process.

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         (b)  Any person who seeks to qualify for election as a

 2  write-in candidate.

 3         (c)  Any person who receives contributions or makes

 4  expenditures, or gives his or her consent for any other person

 5  to receive contributions or make expenditures, with a view to

 6  bringing about his or her nomination or election to, or

 7  retention in, public office.

 8         (d)  Any person who appoints a treasurer and designates

 9  a primary depository.

10         (e)  Any person who files qualification papers and

11  subscribes to a candidate's oath as required by law.

12  

13  However, this definition does not include any candidate for a

14  political party executive committee.

15         (5)  "Department" means the Department of State.

16         (6)  "Division" means the Division of Elections of the

17  Department of State.

18         (7)  "Early voting" means casting a ballot prior to

19  election day at a location designated by the supervisor of

20  elections and depositing the voted ballot in the tabulation

21  system.

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

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

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

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

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

27  their ballots.

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

29  specified in s. 101.657 and is the building in which early

30  voting occurs.

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         (10)(8)  "Election" means any primary election, special

 2  primary election, special election, general election, or

 3  presidential preference primary election.

 4         (11)(9)  "Election board" means the clerk and

 5  inspectors appointed to conduct an election.

 6         (12)(10)  "Election costs" shall include, but not be

 7  limited to, expenditures for all paper supplies such as

 8  envelopes, instructions to voters, affidavits, reports, ballot

 9  cards, ballot booklets for absentee voters, postage, notices

10  to voters; advertisements for registration book closings,

11  testing of voting equipment, sample ballots, and polling

12  places; forms used to qualify candidates; polling site rental

13  and equipment delivery and pickup; data processing time and

14  supplies; election records retention; and labor costs,

15  including those costs uniquely associated with absentee ballot

16  preparation, poll workers, and election night canvass.

17         (13)(11)  "Elector" is synonymous with the word "voter"

18  or "qualified elector or voter," except where the word is used

19  to describe presidential electors.

20         (14)(12)  "General election" means an election held on

21  the first Tuesday after the first Monday in November in the

22  even-numbered years, for the purpose of filling national,

23  state, county, and district offices and for voting on

24  constitutional amendments not otherwise provided for by law.

25         (15)(13)  "Lists of registered electors" means copies

26  of printed lists of registered electors, computer tapes or

27  disks, or any other device used by the supervisor of elections

28  to maintain voter records.

29         (16)(14)  "Member of the Merchant Marine" means an

30  individual, other than a member of a uniformed service or an

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  individual employed, enrolled, or maintained on the Great

 2  Lakes for the inland waterways, who is:

 3         (a)  Employed as an officer or crew member of a vessel

 4  documented under the laws of the United States, a vessel owned

 5  by the United States, or a vessel of foreign-flag registry

 6  under charter to or control of the United States; or

 7         (b)  Enrolled with the United States for employment or

 8  training for employment, or maintained by the United States

 9  for emergency relief service, as an officer or crew member of

10  such vessel.

11         (17)(15)  "Minor political party" is any group as

12  defined in this subsection which on January 1 preceding a

13  primary election does not have registered as members 5 percent

14  of the total registered electors of the state. Any group of

15  citizens organized for the general purposes of electing to

16  office qualified persons and determining public issues under

17  the democratic processes of the United States may become a

18  minor political party of this state by filing with the

19  department a certificate showing the name of the organization,

20  the names of its current officers, including the members of

21  its executive committee, and a copy of its constitution or

22  bylaws. It shall be the duty of the minor political party to

23  notify the department of any changes in the filing certificate

24  within 5 days of such changes.

25         (18)(16)  "Newspaper of general circulation" means a

26  newspaper printed in the language most commonly spoken in the

27  area within which it circulates and which is readily available

28  for purchase by all inhabitants in the area of circulation,

29  but does not include a newspaper intended primarily for

30  members of a particular professional or occupational group, a

31  newspaper the primary function of which is to carry legal

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  notices, or a newspaper that is given away primarily to

 2  distribute advertising.

 3         (19)(17)  "Nominal value" means having a retail value

 4  of $10 or less.

 5         (20)(18)  "Nonpartisan office" means an office for

 6  which a candidate is prohibited from campaigning or qualifying

 7  for election or retention in office based on party

 8  affiliation.

 9         (21)(19)  "Office that serves persons with

10  disabilities" means any state office that takes applications

11  either in person or over the telephone from persons with

12  disabilities for any program, service, or benefit primarily

13  related to their disabilities.

14         (22)(20)  "Overseas voter" means:

15         (a)  Members of the uniformed services while in the

16  active service who are permanent residents of the state and

17  are temporarily residing outside the territorial limits of the

18  United States and the District of Columbia;

19         (b)  Members of the Merchant Marine of the United

20  States who are permanent residents of the state and are

21  temporarily residing outside the territorial limits of the

22  United States and the District of Columbia; and

23         (c)  Other citizens of the United States who are

24  permanent residents of the state and are temporarily residing

25  outside the territorial limits of the United States and the

26  District of Columbia,

27  

28  who are qualified and registered to vote as provided by law.

29         (23)(21)  "Overvote" means that the elector marks or

30  designates more names than there are persons to be elected to

31  an office or designates more than one answer to a ballot

                                  17

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  question, and the tabulator records no vote for the office or

 2  question.

 3         (24)(22)  "Persons with disabilities" means individuals

 4  who have a physical or mental impairment that substantially

 5  limits one or more major life activities.

 6         (25)(23)  "Polling place" is the building which

 7  contains the polling room where ballots are cast.

 8         (26)(24)  "Polling room" means the actual room in which

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

10         (27)(25)  "Primary election" means an election held

11  preceding the general election for the purpose of nominating a

12  party nominee to be voted for in the general election to fill

13  a national, state, county, or district office. The first

14  primary is a nomination or elimination election; the second

15  primary is a nominating election only.

16         (28)(26)  "Provisional ballot" means a conditional

17  ballot, the validity of which is determined by the canvassing

18  board.

19         (29)(27)  "Public assistance" means assistance provided

20  through the food stamp program; the Medicaid program; the

21  Special Supplemental Food Program for Women, Infants, and

22  Children; and the WAGES Program.

23         (30)(28)  "Public office" means any federal, state,

24  county, municipal, school, or other district office or

25  position which is filled by vote of the electors.

26         (31)(29)  "Qualifying educational institution" means

27  any public or private educational institution receiving state

28  financial assistance which has, as its primary mission, the

29  provision of education or training to students who are at

30  least 18 years of age, provided such institution has more than

31  200 students enrolled in classes with the institution and

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    Florida Senate - 2005                                  SB 2650
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 1  provided that the recognized student government organization

 2  has requested this designation in writing and has filed the

 3  request with the office of the supervisor of elections in the

 4  county in which the institution is located.

 5         (32)(30)  "Special election" is a special election

 6  called for the purpose of voting on a party nominee to fill a

 7  vacancy in the national, state, county, or district office.

 8         (33)(31)  "Special primary election" is a special

 9  nomination election designated by the Governor, called for the

10  purpose of nominating a party nominee to be voted on in a

11  general or special election.

12         (34)(32)  "Supervisor" means the supervisor of

13  elections.

14         (35)(33)  "Tactile input device" means a device that

15  provides information to a voting system by means of a voter

16  touching the device, such as a keyboard, and that complies

17  with the requirements of s. 101.56062(1)(k) and (l).

18         (36)  "Third-party voter registration organization"

19  means any person, entity, or organization soliciting or

20  collecting voter registration applications. A third-party

21  voter registration organization does not include any person

22  who solely seeks to register to vote or collect voter

23  registration applications that person's spouse, child, or

24  parent or any person engaged in registering to vote or

25  collecting voter registration applications as an employee or

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

27  Highway Safety and Motor Vehicles, or voter registration

28  agency.

29         (37)(34)  "Undervote" means that the elector does not

30  properly designate any choice for an office or ballot

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  question, and the tabulator records no vote for the office or

 2  question.

 3         (38)(35)  "Uniformed services" means the Army, Navy,

 4  Air Force, Marine Corps, and Coast Guard, the commissioned

 5  corps of the Public Health Service, and the commissioned corps

 6  of the National Oceanic and Atmospheric Administration.

 7         (39)(36)  "Voter interface device" means any device

 8  that communicates voting instructions and ballot information

 9  to a voter and allows the voter to select and vote for

10  candidates and issues.

11         (40)(37)  "Voter registration agency" means any office

12  that provides public assistance, any office that serves

13  persons with disabilities, any center for independent living,

14  or any public library.

15         (41)(38)  "Voting booth" or "booth" means that booth or

16  enclosure wherein an elector casts his or her ballot for

17  tabulation by an electronic or electromechanical device.

18         (42)(39)  "Voting system" means a method of casting and

19  processing votes that functions wholly or partly by use of

20  electromechanical or electronic apparatus or by use of

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

22  the procedures for casting and processing votes and the

23  programs, operating manuals, supplies tabulating cards,

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

25  operation.

26         Section 3.  Section 97.029, Florida Statutes, is

27  created to read:

28         97.029  Attorney's fees and costs.--

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

30  made to the prevailing party in any court or administrative

31  proceeding, including any action for injunctive relief,

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 1  challenging the application, interpretation, or

 2  constitutionality of any election or voter registration law.

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

 4  reasonable and necessary attorney's fees and costs incurred

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

 6  in a proceeding.

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

 8  has received a final judgment or order in its favor and such

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

10  for seeking judicial review of the judgment or order has

11  expired. Where an action has been voluntarily dismissed or

12  dismissed pursuant to a settlement of the case, there shall be

13  no prevailing party.

14         (3)  Within 60 days after the date that a party becomes

15  a prevailing party, the attorney for the prevailing party

16  shall submit an itemized affidavit to the court that first

17  conducted the adversarial proceeding in the underlying action

18  or to the Division of Administrative Hearings, which shall

19  assign an administrative law judge in the case of a proceeding

20  pursuant to chapter 120. The affidavit shall detail the nature

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

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

23  appeals in the proceeding.

24         (4)  The court or the administrative law judge in the

25  case of a proceeding under chapter 120 shall promptly conduct

26  an evidentiary hearing on the application for an award of

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

28  the case of an administrative law judge. The final order of an

29  administrative law judge is reviewable in accordance with the

30  provisions of s. 120.68. If the court affirms the award of

31  attorney's fees and costs in whole or in part, it may, in its

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    Florida Senate - 2005                                  SB 2650
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 1  discretion, award additional attorney's fees and costs for the

 2  appeal.

 3         (5)  No party shall be required to pay an award of

 4  attorney's fees and costs pursuant to this section in an

 5  amount exceeding $200,000.

 6         Section 4.  Section 97.051, Florida Statutes, is

 7  amended to read:

 8         97.051  Oath upon registering.--A person registering to

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

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

11  Constitution of the United States and the Constitution of the

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

13  elector under the Constitution and laws of the State of

14  Florida, and that all information provided in this application

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

16  resident of Florida."

17         Section 5.  Section 97.052, Florida Statutes, is

18  amended to read:

19         97.052  Uniform statewide voter registration

20  application.--

21         (1)  The department shall prescribe a uniform statewide

22  voter registration application for use in this state.

23         (a)  The uniform statewide voter registration

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

25  following purposes:

26         1.  Initial registration.

27         2.  Change of address.

28         3.  Change of party affiliation.

29         4.  Change of name.

30         5.  Replacement of voter registration identification

31  card.

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    Florida Senate - 2005                                  SB 2650
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 1         6.  Signature update.

 2         (b)  The department is responsible for printing the

 3  uniform statewide voter registration application and the voter

 4  registration application form prescribed by the Federal

 5  Election Assistance Commission pursuant to federal law the

 6  National Voter Registration Act of 1993. The applications and

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

 8         1.  Individuals seeking to register to vote.

 9         2.  Individuals or groups conducting voter registration

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

11  on requests for 10,000 or more applications.

12         3.  The Department of Highway Safety and Motor

13  Vehicles.

14         4.  Voter registration agencies.

15         5.  Armed forces recruitment offices.

16         6.  Qualifying educational institutions.

17         7.  Supervisors, who must make the applications and

18  forms available in the following manner:

19         a.  By distributing the applications and forms in their

20  offices to any individual or group.

21         b.  By distributing the applications and forms at other

22  locations designated by each supervisor.

23         c.  By mailing the applications and forms to applicants

24  upon the request of the applicant.

25         (c)  The uniform statewide voter registration

26  application may be reproduced by any private individual or

27  group, provided the reproduced application is in the same

28  format as the application prescribed under this section.

29         (2)  The uniform statewide voter registration

30  application must be designed to elicit the following

31  information from the applicant:

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    Florida Senate - 2005                                  SB 2650
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 1         (a)  Full name.

 2         (b)  Date of birth.

 3         (c)  Address of legal residence.

 4         (d)  Mailing address, if different.

 5         (e)  County of legal residence.

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

 7  been granted a homestead exemption, if any.

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

 9  applicant:

10         1.  American Indian or Alaskan Native.

11         2.  Asian or Pacific Islander.

12         3.  Black, not Hispanic.

13         4.  White, not Hispanic.

14         5.  Hispanic.

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

16         (h)(i)  Sex.

17         (i)(j)  Party affiliation.

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

19  voting.

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

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

22  security number.

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

24  identification number from a Florida identification card

25  issued under s. 322.051.

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

27         (o)  E-mail address (optional).

28         (p)  Signature of applicant under penalty for false

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

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

31  

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    Florida Senate - 2005                                  SB 2650
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 1  Constitution and s. 97.051, and swears or affirms that the

 2  information contained in the registration application is true.

 3         (q)  Whether the application is being used for initial

 4  registration, to update a voter registration record, or to

 5  request a replacement registration identification card.

 6         (r)  Whether the applicant is a citizen of the United

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

 8  States of America?" and providing boxes for the applicant to

 9  check to indicate whether the applicant is or is not a citizen

10  of the United States.

11         (s)  Whether That the applicant has not been convicted

12  of a felony and or, if convicted, has had his or her civil

13  rights restored by including the statement "I affirm I am not

14  a convicted felon, or if I am, my rights relating to voting

15  have been restored" and providing a box for the applicant to

16  check to affirm the statement.

17         (t)  Whether That the applicant has not been

18  adjudicated mentally incapacitated with respect to voting or,

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

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

21  adjudicated mentally incapacitated with respect to voting or,

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

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

24  

25  The registration form must be in plain language and designed

26  so that convicted felons whose civil rights have been restored

27  and persons who have been adjudicated mentally incapacitated

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

29  reveal their prior conviction or adjudication.

30         (3)  The uniform statewide voter registration

31  application must also contain:

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    Florida Senate - 2005                                  SB 2650
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 1         (a)  The oath required by s. 3, Art. VI of the State

 2  Constitution and s. 97.051.

 3         (b)  A statement specifying each eligibility

 4  requirement under s. 97.041.

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

 6  swearing in connection with voter registration.

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

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

 9  register will remain confidential and may be used only for

10  voter registration purposes.

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

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

13  the office at which the applicant submits a voter registration

14  application or updates a voter registration record will remain

15  confidential and may be used only for voter registration

16  purposes.

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

18  person who has been granted a homestead exemption in this

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

20  the one in which the property for which the homestead

21  exemption has been granted, shall have that information

22  forwarded to the property appraiser where such property is

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

24  being terminated and the person being subject to assessment of

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

26  exemption is being maintained as the permanent residence of a

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

28  elsewhere.

29         (f)(g)  A statement informing the applicant that if the

30  form is submitted by mail and the applicant is registering for

31  

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 1  the first time, the applicant will be required to provide

 2  identification prior to voting the first time.

 3         (4)  A supervisor may produce a voter registration

 4  application that has the supervisor's direct mailing address

 5  if the department has reviewed the application and determined

 6  that it is substantially the same as the uniform statewide

 7  voter registration application.

 8         (5)  The voter registration application form prescribed

 9  by the Federal Election Assistance Commission pursuant to

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

11  federal postcard application must be accepted as an

12  application for registration in this state if the completed

13  application or postcard application contains the information

14  required by the constitution and laws of this state.

15         Section 6.  Section 97.053, Florida Statutes, is

16  amended to read:

17         97.053  Acceptance of voter registration

18  applications.--

19         (1)  Voter registration applications, changes in

20  registration, and requests for a replacement registration

21  identification card must be accepted in the office of any

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

23  registration agency, or an armed forces recruitment office

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

25  the hours that office is open or when mailed.

26         (2)  A completed voter registration application is

27  complete and that contains the information necessary to

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

29  becomes the official voter registration record of that

30  applicant when all information necessary to establish the

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

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    Florida Senate - 2005                                  SB 2650
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 1  the appropriate supervisor. If the applicant fails to complete

 2  his or her voter registration application prior to the date of

 3  book closing for an election, then such applicant shall not be

 4  eligible to vote in that election.

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

 6  registration application that has been hand delivered is the

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

 8  registration agency, an armed forces recruitment office, the

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

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

11  registration application that has been mailed to a driver

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

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

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

15  of that the postmark. If an initial voter registration

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

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

18  the registration is received by any supervisor or the

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

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

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

22  date is the book-closing date.

23         (5)(a)  A voter registration application contains all

24  information necessary to establish the applicant's eligibility

25  pursuant to s. 97.041 is complete if it contains:

26         1.  The applicant's name.

27         2.  The applicant's legal residence address.

28         3.  The applicant's date of birth.

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

30  the applicant is a citizen of the United States.

31  

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    Florida Senate - 2005                                  SB 2650
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 1         5.  The applicant's Florida driver's license number,

 2  the identification number from a Florida identification card

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

 4  applicant's social security number.

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

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

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

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

 9  the applicant has not been adjudicated mentally incapacitated

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

11  or her right to vote restored.

12         8.  The original signature of the applicant swearing or

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

14  104.011 that the information contained in the registration

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

16  3, Art. VI of the State Constitution and s. 97.051.

17         (b)  An applicant who fails to designate party

18  affiliation must be registered without party affiliation. The

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

20  been registered without party affiliation and that the voter

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

22         Section 7.  Section 97.055, Florida Statutes, is

23  amended to read:

24         97.055  Registration books; when closed for an

25  election.--

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

27  day before each election and must remain closed until after

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

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

30  be closed immediately. When the registration books are closed

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

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    Florida Senate - 2005                                  SB 2650
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 1  signature pursuant to ss. 98.077 and 101.045 will be permitted

 2  for purposes of the upcoming election. Voter registration

 3  applications and party changes must be accepted but only for

 4  the purpose of subsequent elections. However, party changes

 5  received between the book-closing date of the first primary

 6  election and the date of the second primary election are not

 7  effective until after the second primary election.

 8         (2)  In computing the 29-day period for the closing of

 9  the registration books, the day of the election is excluded

10  and all other days are included. If the 29th day preceding an

11  election falls on a Sunday or a legal holiday, the

12  registration books must be closed on the next day that is not

13  a Sunday or a legal holiday.

14         Section 8.  Section 97.0575, Florida Statutes, is

15  created to read:

16         97.0575  Third-party voter registrations.--

17         (1)  Prior to engaging in any voter registration

18  activities, a third-party voter registration organization

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

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

21  registered agent and the name of those individuals responsible

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

23  registration organization including, if applicable, the names

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

25  managing partner, or such other persons engaged in similar

26  duties or functions. By no later than the 15th day after the

27  end of each calendar quarter, each third-party voter

28  registration organization shall submit to the division a

29  report providing the date and location of any organized voter

30  registration drives conducted by the organization in the prior

31  calendar quarter.

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

 2  subsection (1) shall not subject the third-party voter

 3  registration organization to any civil or criminal penalties

 4  for such failure nor shall the failure to submit such

 5  information be a basis to deny such third-party voter

 6  registration organization with copies of voter registration

 7  application forms.

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

 9  collects voter registration applications serves as a fiduciary

10  to the applicant, ensuring that any voter registration

11  application entrusted to the third-party voter registration

12  organization, irrespective of party affiliation, race,

13  ethnicity, or gender, shall be promptly delivered to the

14  division or the supervisor of elections. If a voter

15  registration application collected by any third-party voter

16  registration organization is not delivered to the division or

17  supervisor of elections, then the individual collecting the

18  voter registration application, the registered agent, and

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

20  the third-party voter registration organization including, if

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

22  president, managing partner, or such other individuals engaged

23  in similar duties or functions, shall each be personally and

24  jointly and severally liable for the following fines:

25         (a)  A fine in the amount of $100 per application

26  received by the division or the supervisor of elections more

27  than 10 days after the applicant delivered the completed voter

28  registration application to the third-party voter registration

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

30  behalf.

31  

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 1         (b)  A fine in the amount of $250 per application

 2  collected by any third-party voter registration organization

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

 4  book closing for any given election for federal or state

 5  office and submitted to the division or the supervisor of

 6  elections after the book closing deadline for such election.

 7         (c)  A fine in the amount of $1,000 per application

 8  collected by the third-party voter registration organization

 9  or any person, entity, or agent acting on its behalf and not

10  submitted to the division or supervisor of elections.

11  

12  Any person claiming to have been registered by a third-party

13  voter registration organization who does not appear as an

14  active voter on the voter registration rolls shall be

15  presented with a form adopted by the division to elicit

16  additional information regarding the facts and circumstances

17  surrounding the soliciting of the voter registration

18  application. Any violation of this section may be investigated

19  by the division, and civil fines shall be assessed by the

20  division and enforced through any appropriate legal

21  proceedings. The civil fines contained herein shall be in

22  addition to any applicable criminal penalties. If the

23  third-party voter registration organization has complied with

24  the provisions of subsection (1), then the amount of the fines

25  imposed pursuant to this subsection shall be reduced by

26  three-fourths. The date on which the voter registration

27  application is signed by the applicant shall be presumed to be

28  the date on which the third-party voter registration

29  organization received or collected the voter registration

30  application.

31  

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    Florida Senate - 2005                                  SB 2650
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 1         (4)  The amount of fines collected by the division

 2  pursuant to this section shall be set aside by the division in

 3  a trust fund administered by the department to be used for

 4  enforcement of this section and for voter education.

 5         (5)  The division may adopt rules as necessary to

 6  implement this section.

 7         Section 9.  Subsection (3) of section 98.045, Florida

 8  Statutes, is amended to read:

 9         98.045  Administration of voter registration.--

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

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

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

13  all records concerning implementation of registration list

14  maintenance programs and activities conducted pursuant to ss.

15  98.065, 98.075, and 98.0977. The records must include lists of

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

17  confirmation final notice was sent and information as to

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

19  include any information that is confidential or exempt from

20  public records requirements under this code.

21         Section 10.  Section 98.077, Florida Statutes, is

22  amended to read:

23         98.077  Update of voter signature.--The supervisor of

24  elections shall provide to each registered voter of the county

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

26  supervisor's office by providing notification of the ability

27  to do so in any correspondence, other than postcard

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

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

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

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

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    Florida Senate - 2005                                  SB 2650
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 1  addition, at least once during each general election year, the

 2  supervisor shall publish in a newspaper of general circulation

 3  or other newspaper in the county deemed appropriate by the

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

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

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

 7  updates for use in verifying absentee and provisional ballots

 8  shall be received by the appropriate supervisor of elections

 9  no later than 5 p.m. of the fifth day prior to the election.

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

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

12  signature on the absentee and provisional ballot certificates.

13         Section 11.  Section 99.061, Florida Statutes, is

14  amended to read:

15         99.061  Method of qualifying for nomination or election

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

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

18  notwithstanding, each person seeking to qualify for nomination

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

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

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

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

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

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

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

26  pursuant to s. 99.095 alternative method with the Department

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

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

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

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

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

                                  34

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

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

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

 4  state or multicounty district office.

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

 6  notwithstanding, each person seeking to qualify for nomination

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

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

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

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

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

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

13  petition process pursuant to s. 99.095 alternative method with

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

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

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

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

18  special district election. However, if a special district

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

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

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

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

23  the closing of qualifying time, the supervisor of elections

24  shall remit to the secretary of the state executive committee

25  of the political party to which the candidate belongs the

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

27  promote the candidacy of candidates for county offices and the

28  candidacy of members of the Legislature.

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

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

31  qualification papers with the respective qualifying officer at

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

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

 3  the office sought.

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

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

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

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

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

 9  in shall be provided on the general election ballot. No person

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

11  otherwise qualified for nomination or election to such office.

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

13  candidate for a constitutional office shall file a full and

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

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

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

17  statement of financial interests pursuant to s. 112.3145.

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

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

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

21  nomination or election who have qualified with the Department

22  of State.

23         (6)  Notwithstanding the qualifying period prescribed

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

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

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

27  candidate for nomination or election and the candidate is

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

29  qualifying that the required number of signatures has been

30  obtained, the candidate is entitled to subscribe to the

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

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

 2  necessary number of signatures has been obtained. Any

 3  candidate who qualifies within the time prescribed in this

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

 5  ballot.

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

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

 8  end of the qualifying period:

 9         1.  A properly executed check drawn upon the

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

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

12  the copy of the notice of obtaining ballot position pursuant

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

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

15  the bank for any reason, the filing officer shall immediately

16  notify the candidate and the candidate shall, the end of

17  qualifying notwithstanding, have 48 hours from the time such

18  notification is received, excluding Saturdays, Sundays, and

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

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

21  the fee as provided in this subparagraph shall disqualify the

22  candidate.

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

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

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

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

27  acknowledged.

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

29  the candidate and duly acknowledged.

30  

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

 2  statement of political party affiliation required by s.

 3  99.021(1)(b).

 4         5.  The completed form for the appointment of campaign

 5  treasurer and designation of campaign depository, as required

 6  by s. 106.021.

 7         6.  The full and public disclosure or statement of

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

 9  officer who has filed the full and public disclosure or

10  statement of financial interests with the Commission on Ethics

11  or the supervisor of elections prior to qualifying for office

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

13         (b)  If the filing officer receives qualifying papers

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

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

16  make a reasonable effort to notify the candidate of the

17  missing or incomplete items and shall inform the candidate

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

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

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

21         (8)  Notwithstanding the qualifying period prescribed

22  in this section, a qualifying officer may accept and hold

23  qualifying papers submitted not earlier than 14 days prior to

24  the beginning of the qualifying period to be processed and

25  filed during the qualifying period.

26         (9)(8)  Notwithstanding the qualifying period

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

28  Legislature apportions the state, the qualifying period for

29  persons seeking to qualify for nomination or election to

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

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

 2  prior to the first primary.

 3         (10)(9)  The Department of State may prescribe by rule

 4  requirements for filing papers to qualify as a candidate under

 5  this section.

 6         Section 12.  Paragraph (d) of subsection (2) of section

 7  99.063, Florida Statutes, is amended to read:

 8         99.063  Candidates for Governor and Lieutenant

 9  Governor.--

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

11  second primary election, each designated candidate for

12  Lieutenant Governor shall file with the Department of State:

13         (d)  The full and public disclosure of financial

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

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

16  with the Commission on Ethics prior to qualifying for office

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

18         Section 13.  Subsection (1) of section 99.092, Florida

19  Statutes, is amended to read:

20         99.092  Qualifying fee of candidate; notification of

21  Department of State.--

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

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

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

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

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

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

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

29  assessment levied, and shall attach the original or signed

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

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

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

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

 3  the office. The amount of the election assessment is 1 percent

 4  of the annual salary of the office sought. The election

 5  assessment shall be deposited into the Elections Commission

 6  Trust Fund. The amount of the party assessment is 2 percent of

 7  the annual salary. The annual salary of the office for

 8  purposes of computing the filing fee, election assessment, and

 9  party assessment shall be computed by multiplying 12 times the

10  monthly salary, excluding any special qualification pay,

11  authorized for such office as of July 1 immediately preceding

12  the first day of qualifying. No qualifying fee shall be

13  returned to the candidate unless the candidate withdraws his

14  or her candidacy before the last date to qualify. If a

15  candidate dies prior to an election and has not withdrawn his

16  or her candidacy before the last date to qualify, the

17  candidate's qualifying fee shall be returned to his or her

18  designated beneficiary, and, if the filing fee or any portion

19  thereof has been transferred to the political party of the

20  candidate, the Secretary of State shall direct the party to

21  return that portion to the designated beneficiary of the

22  candidate.

23         Section 14.  Section 99.095, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

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

27         99.095  Petition process in lieu of qualifying fee and

28  party assessment.--

29         (1)  A person seeking to qualify as a candidate for any

30  office is not required to pay the qualifying fee or party

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  assessment required by this chapter if he or she meets the

 2  petition requirements of this section.

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

 4  signatures of voters in the geographical area represented by

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

 6  number of registered voters of that geographical area, as

 7  shown by the compilation by the department for the last

 8  preceding general election. Signatures may not be obtained

 9  until the candidate has filed the appointment of campaign

10  treasurer and designation of campaign depository pursuant to

11  s. 106.021.

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

13  the division and shall be used by candidates to reproduce

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

15  office that requires a group or district designation, the

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

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

18  for each voter.

19         (3)  Each petition shall be submitted before noon of

20  the 28th day preceding the first day of the qualifying period

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

22  county in which such petition was circulated. Each supervisor

23  shall check the signatures on the petitions to verify their

24  status as voters in the county, district, or other

25  geographical area represented by the office sought. No later

26  than the 7th day before the first day of the qualifying

27  period, the supervisor shall certify the number of valid

28  signatures.

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

30  state, or multicounty district office shall be submitted by

31  the supervisor to the division. The division shall determine

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  whether the required number of signatures has been obtained

 2  and shall notify the candidate of its determination.

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

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

 5  whether the required number of signatures has been obtained

 6  and shall notify the candidate of his or her determination.

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

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

 9  99.061.

10         Section 15.  Section 99.0955, Florida Statutes, is

11  amended to read:

12         99.0955  Candidates with no party affiliation; name on

13  general election ballot.--

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

15  candidate with no party affiliation shall file his or her

16  qualifying qualification papers and pay the qualifying fee or

17  qualify by the petition process pursuant to s. 99.095,

18  alternative method prescribed in subsection (3) with the

19  officer and during the times and under the circumstances

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

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

22  election ballot.

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

24  affiliation shall consist of a filing fee and an election

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

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

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

28  the annual salary of the office sought. The election

29  assessment shall be deposited into the Elections Commission

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

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

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  Filing fees paid to the supervisor of elections shall be

 2  deposited into the general revenue fund of the county.

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

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

 5  alternative method prescribed in this subsection. A candidate

 6  using this petitioning process shall file an oath with the

 7  officer before whom the candidate would qualify for the office

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

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

10  group or district designation, the candidate must indicate the

11  designation in his or her oath. The oath shall be filed at any

12  time after the first Tuesday after the first Monday in January

13  of the year in which the election is held, but before the 21st

14  day preceding the first day of the qualifying period for the

15  office sought. The Department of State shall prescribe the

16  form to be used in administering and filing the oath.

17  Signatures may not be obtained by a candidate on any petition

18  until the candidate has filed the oath required in this

19  subsection. Upon receipt of the written oath from a candidate,

20  the qualifying officer shall provide the candidate with

21  petition forms in sufficient numbers to facilitate the

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

23  office that requires a group or district designation, the

24  petition must indicate that designation or the signatures

25  obtained on the petition will not be counted.

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

27  number of qualified electors in the geographical entity

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

29  registered electors of the geographical entity represented by

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

31  Department of State for the preceding general election.

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

 2  21st day preceding the first day of the qualifying period for

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

 4  county for which such petition was circulated. Each supervisor

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

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

 7  district, or other geographical entity represented by the

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

 9  supervisor shall certify the number shown as registered

10  electors.

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

12  state, or multicounty district office shall be submitted to

13  the Department of State. The Department of State shall

14  determine whether the required number of signatures has been

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

16  ballot and shall notify the candidate.

17         2.  For candidates for county or district office not

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

19  determine whether the required number of signatures has been

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

21  ballot and shall notify the candidate.

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

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

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

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

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

27         Section 16.  Section 99.096, Florida Statutes, is

28  amended to read:

29         99.096  Minor political party candidates; names on

30  ballot.--

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

 2  shall, no later than noon of the third day prior to the first

 3  day of the qualifying period prescribed for federal

 4  candidates, submit to the Department of State a list of

 5  federal candidates nominated by the party to be on the general

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

 7  to the first day of the qualifying period for state

 8  candidates, the executive committee of a minor political party

 9  shall submit to the Department of State the official list of

10  the state, multicounty, and county respective candidates

11  nominated by that party to be on the ballot in the general

12  election to the filing officer for each of the candidates. The

13  Department of State shall notify the appropriate supervisors

14  of elections of the name of each minor party candidate

15  eligible to qualify before such supervisor. The official list

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

17  having been filed with the filing officers Department of

18  State, except that candidates who have qualified may withdraw

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

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

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

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

23  qualifying qualification papers with, and pay the qualifying

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

25  qualify by the petition process pursuant to s. 99.095

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

27  officer and at the times and under the circumstances provided

28  in s. 99.061.

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

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

31  the alternative method prescribed in this subsection. A

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  candidate using this petitioning process shall file an oath

 2  with the officer before whom the candidate would qualify for

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

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

 5  that requires a group or district designation, the candidate

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

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

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

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

10  qualifying period for the office sought. The Department of

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

12  filing the oath. Signatures may not be obtained by a candidate

13  on any petition until the candidate has filed the oath

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

15  from a candidate, the qualifying officer shall provide the

16  candidate with petition forms in sufficient numbers to

17  facilitate the gathering of signatures. If the candidate is

18  running for an office that requires a group or district

19  designation, the petition must indicate that designation or

20  the signatures on such petition will not be counted.

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

22  number of qualified electors in the geographical entity

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

24  registered electors in the geographical entity represented by

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

26  Department of State for the last preceding general election.

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

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

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

30  county for which the petition was circulated. Each supervisor

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

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

 2  district, or other geographical entity represented by the

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

 4  supervisor shall certify the number shown as registered

 5  electors.

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

 7  state, or multicounty district office shall be submitted to

 8  the Department of State. The Department of State shall

 9  determine whether the required number of signatures has been

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

11  ballot and shall notify the candidate.

12         2.  For candidates for county or district office not

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

14  determine whether the required number of signatures has been

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

16  ballot and shall notify the candidate.

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

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

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

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

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

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

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

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

25  general election ballot.

26         Section 17.  Subsection (1) of section 99.09651,

27  Florida Statutes, is amended to read:

28         99.09651  Signature requirements for ballot position in

29  year of apportionment.--

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

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

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  Representatives seeking ballot position by the petition

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

 3  99.0955, or s. 99.096 shall obtain at least the number of

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

 5  population for the district of the office being sought.

 6         Section 18.  Subsection (1) of section 100.011, Florida

 7  Statutes, is amended to read:

 8         100.011  Opening and closing of polls, all elections;

 9  expenses.--

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

11  7:00 a.m., on the day of the election, and shall be kept open

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

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

14  seat of the locality. The inspectors shall make public

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

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

17  not be concealed. Any elector in line at the official closing

18  of the polls shall be allowed to cast a vote in the election.

19         Section 19.  Subsection (5) of section 100.101, Florida

20  Statutes, is amended to read:

21         100.101  Special elections and special primary

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

23  election or special primary election shall be held in the

24  following cases:

25         (5)  If a vacancy occurs in nomination.

26         Section 20.  Paragraph (c) of subsection (3) and

27  subsections (4) and (6) of section 100.111, Florida Statutes,

28  are amended to read:

29         100.111  Filling vacancy.--

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

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

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  Governor, after consultation with the Secretary of State,

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

 3  special second primary election, and a special election.

 4  Nominees of political parties other than minor political

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

 6  in the special primary elections to become candidates in the

 7  special election. Prior to setting the special election dates,

 8  the Governor shall consider any upcoming elections in the

 9  jurisdiction where the special election will be held. The

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

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

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

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

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

15  House of Representatives when the Legislature is in regular

16  legislative session, the minimum times prescribed by this

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

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

19  the Senate. If a vacancy occurs in the office of state senator

20  and no session of the Legislature is scheduled to be held

21  prior to the next general election, the Governor may fix the

22  dates for any special primary and for the special election to

23  coincide with the dates of the first and second primary and

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

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

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

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

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

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

30  election to fill such vacancy.

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

 2  petition process alternative method in such special primary or

 3  special election shall be fixed by the Department of State. In

 4  fixing such dates the Department of State shall take into

 5  consideration and be governed by the practical time

 6  limitations. Any candidate seeking to qualify by the petition

 7  alternative method in a special primary election shall obtain

 8  25 percent of the signatures required by s. 99.095, s.

 9  99.0955, or s. 99.096, as applicable.

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

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

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

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

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

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

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

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

18  special primary election shall be fixed by the Department of

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

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

21  statements by candidates in special primaries shall not be

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

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

24  take into consideration and be governed by the practical time

25  limitations. The qualifying fees and party assessment of such

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

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

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

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

30  Elections Canvassing Commission shall likewise make as speedy

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

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

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

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

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

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

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

 7  party executive committee of such party; and, within 5 7 days,

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

 9  committee to consider designation of a nominee to fill the

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

11  submitted to the Department of State within 7 14 days of

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

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

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

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

16  name submitted less than 21 days prior to the election.

17  However, if the name of the new nominee is submitted after the

18  certification of results of the preceding primary election,

19  the ballots shall not be changed and vacancy occurs less than

20  21 days prior to the election, the person designated by the

21  political party will replace the former party nominee even

22  though the former party nominee's name will appear be on the

23  ballot. Any ballots cast for the former party nominee will be

24  counted for the person designated by the political party to

25  replace the former party nominee. If there is no opposition to

26  the party nominee, the person designated by the political

27  party to replace the former party nominee will be elected to

28  office at the general election. For purposes of this

29  paragraph, the term "district political party executive

30  committee" means the members of the state executive committee

31  

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 1  of a political party from those counties comprising the area

 2  involving a district office.

 3         (b)(c)  When, under the circumstances set forth in the

 4  preceding paragraph, vacancies in nomination are required to

 5  be filled by committee nominations, such vacancies shall be

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

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

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

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

10  qualified for election to such office.

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

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

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

14  be filled at the ensuing general election is prohibited from

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

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

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

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

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

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

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

22  or been eliminated as a candidate and who is subsequently

23  designated as a candidate for Lieutenant Governor under s.

24  99.063.

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

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

27  alternative method to gather signatures for ballot position,

28  the number of signatures required for ballot placement shall

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

30  99.095, s. 99.0955, or s. 99.096, whichever is applicable.

31  

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 1         Section 21.  Subsections (1) and (2) of section

 2  100.141, Florida Statutes, are amended to read:

 3         100.141  Notice of special election to fill any vacancy

 4  in office or nomination.--

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

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

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

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

 9  the order to the Department of State.

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

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

12  special election, the date set for each special primary

13  election and the special election, the dates fixed for

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

15  petition process alternative method, and the dates fixed for

16  filing campaign expense statements.

17         Section 22.  Section 101.031, Florida Statutes, is

18  amended to read:

19         101.031  Instructions for electors.--

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

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

22  Bill of Rights and Responsibilities in the following form:

23  

24                      VOTER'S BILL OF RIGHTS

25  

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

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

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

29  closing of the polls in that county.

30         3.  Ask for and receive assistance in voting.

31  

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

 2  makes a mistake prior to the ballot being cast.

 3         5.  An explanation if his or her registration is in

 4  question.

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

 6  question, cast a provisional ballot.

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

 8  if election officials doubt the voter's identity.

 9         7.8.  Written instructions to use when voting, and,

10  upon request, oral instructions in voting from elections

11  officers.

12         8.9.  Vote free from coercion or intimidation by

13  elections officers or any other person.

14         9.10.  Vote on a voting system that is in working

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

16  

17                      VOTER RESPONSIBILITIES

18  

19         Each registered voter in this state should:

20         1.  Familiarize himself or herself with the candidates

21  and issues.

22         2.  Maintain with the office of the supervisor of

23  elections a current address.

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

25  its hours of operation.

26         4.  Bring proper identification to the polling station.

27         5.  Familiarize himself or herself with the operation

28  of the voting equipment in his or her precinct.

29         6.  Treat precinct workers with courtesy.

30         7.  Respect the privacy of other voters.

31  

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 1         8.  Report any problems or violations of election laws

 2  to the supervisor of elections.

 3         9.  Ask questions, if needed.

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

 5  correct before leaving the polling station.

 6  

 7  NOTE TO VOTER: Failure to perform any of these

 8  responsibilities does not prohibit a voter from voting.

 9         Section 23.  Subsections (2) and (3) of section

10  101.043, Florida Statutes, are amended to read:

11         101.043  Identification required at polls.--

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

13  elector fails to furnish the required identification, or if

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

15  elector, such clerk or inspector shall follow the procedure

16  prescribed in s. 101.49.

17         (3)  If the elector who fails to furnish the required

18  identification is a first-time voter who registered by mail

19  and has not provided the required identification to the

20  supervisor of elections prior to election day, the elector

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

22  board shall determine the validity of the ballot pursuant to

23  s. 101.048(2).

24         Section 24.  Section 101.048, Florida Statutes, is

25  amended to read:

26         101.048  Provisional ballots.--

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

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

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

30  person who an election official asserts is not eligible and

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

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

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

 3  provisional ballot envelope. The provisional ballot shall be

 4  deposited in a ballot box. All provisional ballots shall

 5  remain sealed in their envelopes for return to the supervisor

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

 7  provisional ballot envelope. A person casting a provisional

 8  ballot shall have the right to present written evidence

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

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

11  the election.

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

13  Provisional Ballot Voter's Certificate and Affirmation

14  envelope to determine if the person voting that ballot was

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

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

17  ballot in the election. In determining whether a person

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

19  canvassing board shall review the information provided on the

20  Voter's Certificate and Affirmation, written evidence provided

21  by the person casting the provisional ballot pursuant to

22  subsection (1), any other evidence presented by the supervisor

23  of elections, and, in the case of a challenge, any evidence

24  presented by the challenger. A ballot of a person casting a

25  provisional ballot should be counted unless, by a

26  preponderance of the evidence, the canvassing board determines

27  that the person was not entitled to vote.

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

29  registered and entitled to vote at the precinct where the

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

31  compare the signature on the Provisional Ballot Voter's

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    Florida Senate - 2005                                  SB 2650
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 1  Certificate and Affirmation envelope with the signature on the

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

 3  ballot.

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

 5  provisional ballot was not registered or entitled to vote at

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

 7  provisional ballot shall not be counted and the ballot shall

 8  remain in the envelope containing the Provisional Ballot

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

10  marked "Rejected as Illegal."

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

12  Affirmation shall be in substantially the following form:

13  

14  STATE OF FLORIDA

15  

16  COUNTY OF _____

17  

18         I do solemnly swear (or affirm) that my name is _____;

19  that my date of birth is _____; that I am registered and

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

21  _____, in the municipality of _____, in _____ County, Florida;

22  that I am registered in the _____ Party; that I am a qualified

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

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

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

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

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

28  up to 5 years.

29                                          (Signature of Voter)  

30                                   (Current Residence Address)  

31                                     (Current Mailing Address)  

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 1                                       (City, State, Zip Code)  

 2                 (Driver's License Number or Last Four Digits of

 3                                       Social Security Number)  

 4  Sworn to and subscribed before me this _____ day of

 5  __________, (year).

 6  

 7           (Election Official)

 8  

 9         Precinct # _____Ballot Style/Party Issued: _____

10  

11         (4)  Notwithstanding the requirements of subsections

12  (1) through (3) In counties where the voting system does not

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

14  for persons with disabilities shall, provide the appropriate

15  provisional ballot to the voter by electronic means that meet

16  the requirements of s. 101.56062 as provided for by the

17  certified voting system. Each person casting a provisional

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

19  ballot, complete the Provisional Ballot Voter's Certificate

20  and Affirmation as provided in subsection (3).

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

22  given written instructions regarding the person's right to

23  provide the supervisor of elections with written evidence of

24  their eligibility to vote and the free access system

25  established pursuant to subsection (6). The instructions shall

26  contain information on how to access the system and the

27  information the voter will need to provide to obtain

28  information on his or her particular ballot. The instructions

29  shall also include the following statement: "If this is a

30  primary election, you should contact the supervisor of

31  

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    Florida Senate - 2005                                  SB 2650
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 1  elections' office immediately to confirm that you are

 2  registered and can vote in the general election."

 3         (6)  Each supervisor of elections shall establish a

 4  free access system that allows each person who casts a

 5  provisional ballot to determine whether his or her provisional

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

 7  the reasons why. Information regarding provisional ballots

 8  shall be available no later than 30 days following the

 9  election. The system established must restrict information

10  regarding an individual ballot to the person who cast the

11  ballot.

12         Section 25.  Subsection (5) of section 101.049, Florida

13  Statutes, is amended to read:

14         101.049  Provisional ballots; special circumstances.--

15         (5)  As an alternative, provisional ballots cast

16  pursuant to this section may, and for persons with

17  disabilities shall, be cast in accordance with the provisions

18  of s. 101.048(4).

19         Section 26.  Subsection (2) of section 101.051, Florida

20  Statutes, is amended, subsection (5) is renumbered as

21  subsection (6), and a new subsection (5) is added to that

22  section, to read:

23         101.051  Electors seeking assistance in casting

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

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

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

27  At the polling place or early voting site or within 100 feet

28  of the entrance of such locations, it is unlawful for any

29  person to solicit any elector in an effort to provide such

30  elector assistance to vote pursuant to subsection (1). Any

31  person violating this section commits a felony of the third

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

 2  s. 775.084.

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

 4  person other than an election official provide him or her

 5  assistance to vote, the clerk or one of the inspectors shall

 6  require the person providing assistance to take the following

 7  oath:

 8  

 9                DECLARATION TO PROVIDE ASSISTANCE

10  

11  State of Florida

12  

13  County of __________

14  

15  Date: ______________

16  

17  Precinct # __________

18  

19  I, (print name), have been requested by (print name of elector

20  needing assistance) to provide him or her with assistance to

21  vote. I swear or affirm that I am not the employer, an agent

22  of the employer, or an officer or agent of the union of the

23  voter and that I have not solicited this voter at the polling

24  place or early voting site or within 100 feet of such

25  locations in an effort to provide assistance.

26  

27  Signature of assistor

28  

29  Sworn and subscribed to before me this  ________ day of

30  ___________, (year).

31  

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 1  Signature of Official Administering Oath

 2         (6)(5)  The supervisor of elections shall deliver a

 3  sufficient number of these forms to each precinct, along with

 4  other election paraphernalia.

 5         Section 27.  Section 101.111, Florida Statutes, is

 6  amended to read:

 7         101.111  Person desiring to vote may be challenged;

 8  challenger to execute oath; oath of person challenged;

 9  determination of challenge.--

10         (1)  When the right to vote of any person who desires

11  to vote is challenged by any elector or poll watcher, the

12  challenge shall be reduced to writing with an oath as provided

13  in this section, giving reasons for the challenge, which shall

14  be delivered to the clerk or inspector. Any elector or poll

15  watcher challenging the right of a person to vote shall

16  execute the oath set forth below:

17  

18                OATH OF PERSON ENTERING CHALLENGE

19  

20  State of Florida

21  

22  County of _____

23  

24  I do solemnly swear that my name is _____; that I am a member

25  of the _____ party; that I am a registered voter or poll

26  watcher _____ years old; that my residence address is _____,

27  in the municipality of _____; and that I have reason to

28  believe that _____ is attempting to vote illegally and the

29  reasons for my belief are set forth herein to wit:

30  

31                       (Signature of person challenging voter)  

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 1  

 2  Sworn and subscribed to before me this _____ day of _____,

 3  (year).

 4                                           (Clerk of election)  

 5  

 6         (2)  Before a person who is challenged is permitted to

 7  vote, the challenged person's right to vote shall be

 8  determined in accordance with the provisions of subsection

 9  (3). The clerk or inspector shall immediately deliver to the

10  challenged person a copy of the oath of the person entering

11  the challenge and the challenged person shall be allowed to

12  cast a provisional ballot. shall request the challenged person

13  to execute the following oath:

14  

15                    OATH OF PERSON CHALLENGED

16  

17  State of Florida

18  

19  County of _____

20  

21  I do solemnly swear that my name is _____; that I am a member

22  of the _____ party; that my date of birth is _____; that my

23  residence address is _____, in the municipality of _____, in

24  this the _____ precinct of _____ county; that I personally

25  made application for registration and signed my name and that

26  I am a qualified voter in this election.

27                                           (Signature of person)

28         Sworn and subscribed to before me this _____ day of

29  _____, (year).

30  

31                                (Clerk of election or Inspector)

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 1  

 2  Any inspector or clerk of election may administer the oath.

 3         (3)(a)  Any elector or poll watcher filing a frivolous

 4  challenge of any person's right to vote commits a misdemeanor

 5  of the first degree, punishable as provided in s. 775.082, s.

 6  775.083, or s. 775.084. The clerk and inspectors shall compare

 7  the information in the challenged person's oath with that

 8  entered on the precinct register and shall take any other

 9  evidence that may be offered. The clerk and inspectors shall

10  then decide by a majority vote whether the challenged person

11  may vote a regular ballot.

12         (b)  If the challenged person refuses to complete the

13  oath or if a majority of the clerk and inspectors doubt the

14  eligibility of the person to vote, the challenged person shall

15  be allowed to vote a provisional ballot. The oath of the

16  person entering the challenge and the oath of the person

17  challenged shall be attached to the provisional ballot for

18  transmittal to the canvassing board.

19         Section 28.  Section 101.131, Florida Statutes, is

20  amended to read:

21         101.131  Watchers at polls.--

22         (1)  Each political party and each candidate may have

23  one watcher in each polling room or early voting area at any

24  one time during the election. A political committee, if formed

25  for the specific purpose of expressly advocating the passage

26  or defeat of an issue on the ballot, may have one watcher for

27  each polling room or early voting area at any one time during

28  the election. No watcher shall be permitted to come closer to

29  the officials' table or the voting booths than is reasonably

30  necessary to properly perform his or her functions, but each

31  shall be allowed within the polling room or early voting area

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 1  to watch and observe the conduct of electors and officials.

 2  The watchers shall furnish their own materials and necessities

 3  and shall not obstruct the orderly conduct of any election and

 4  shall pose any questions regarding polling place procedures

 5  directly to the clerk for resolution. Poll watchers shall not

 6  interact with electors. Each watcher shall be a qualified and

 7  registered elector of the county in which he or she serves.

 8         (2)  Each party, each political committee, and each

 9  candidate requesting to have poll watchers shall designate, in

10  writing, poll watchers for each polling room on election day

11  precinct prior to noon of the second Tuesday preceding the

12  election. Designations of poll watchers for early voting areas

13  shall be submitted to the supervisor no later than 14 days

14  prior to the beginning of early voting. The poll watchers for

15  each precinct shall be approved by the supervisor of elections

16  on or before the Tuesday before the election and the poll

17  watchers for early voting areas shall be approved on or before

18  the 7th day prior to the beginning of early voting. The

19  supervisor shall furnish to each election board precinct a

20  list of the poll watchers designated and approved for such

21  polling room or early voting area precinct.

22         (3)  No candidate or sheriff, deputy sheriff, police

23  officer, or other law enforcement officer may be designated as

24  a poll watcher.

25         Section 29.  Subsection (1) of section 101.151, Florida

26  Statutes, is amended to read:

27         101.151  Specifications for ballots.--

28         (1)  Marksense Paper ballots shall be printed on paper

29  of such thickness that the printing cannot be distinguished

30  from the back and shall meet the specifications of the voting

31  system that will be used to read the ballots.

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 1         Section 30.  Section 101.171, Florida Statutes, is

 2  amended to read:

 3         101.171  Copy of constitutional amendment to be

 4  available at polls posted.--Whenever any amendment to the

 5  State Constitution is to be voted upon at any election, the

 6  Department of State shall have printed, and shall furnish to

 7  each supervisor of elections, a sufficient number of copies of

 8  the amendment, either in poster or booklet form, and the

 9  supervisor shall have a copy thereof conspicuously posted or

10  available at each precinct upon the day of election.

11         Section 31.  Subsections (4) and (5) of section

12  101.294, Florida Statutes, are added to read:

13         101.294  Purchase and sale of voting equipment.--

14         (4)  A vendor of voting equipment may not provide an

15  uncertified voting system, voting system component, or voting

16  system upgrade to a governing body or supervisor of elections

17  in this state.

18         (5)  Before or in conjunction with providing a voting

19  system, voting system component, or voting system upgrade, the

20  vendor shall provide the governing body or supervisor of

21  elections with a sworn certification that the voting system,

22  voting system component, or voting system upgrade being

23  provided has been certified by the Division of Elections.

24         Section 32.  Section 101.295, Florida Statutes, is

25  amended to read:

26         101.295  Penalties for violation.--

27         (1)  Any member of a governing body which purchases or

28  sells voting equipment in violation of the provisions of ss.

29  101.292-101.295, which member knowingly votes to purchase or

30  sell voting equipment in violation of the provisions of ss.

31  101.292-101.295, is guilty of a misdemeanor of the first

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

 2  and shall be subject to suspension from office on the grounds

 3  of malfeasance.

 4         (2)  Any vendor, chief executive officer, or vendor

 5  representative of voting equipment who provides a voting

 6  system, voting system component, or voting system upgrade in

 7  violation of this chapter commits a felony of the third

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

 9  s. 775.084.

10         Section 33.  Section 101.49, Florida Statutes, is

11  amended to read:

12         101.49  Procedure of election officers where signatures

13  differ.--

14         (1)  Whenever any clerk or inspector, upon a just

15  comparison of the signatures, doubts that the signature on the

16  identification presented by the of any elector who presents

17  himself or herself at the polls to vote is the same as the

18  signature of the elector affixed on the precinct register or

19  early voting certificate in the registration book, the clerk

20  or inspector shall deliver to the person an affidavit which

21  shall be in substantially the following form:

22  

23  STATE OF FLORIDA,

24  

25  COUNTY OF _____.

26  I do solemnly swear (or affirm) that my name is _____; that I

27  am _____ years old; that I was born in the State of _____;

28  that I am registered to vote, and at the time I registered I

29  resided on _____ Street, in the municipality of _____, County

30  of _____, State of Florida; that I am a qualified voter of the

31  

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 1  county and state aforesaid and have not voted in this

 2  election.

 3                                          (Signature of voter)  

 4         Sworn to and subscribed before me this _____ day of

 5  _____, A. D. (year).

 6                              (Clerk or inspector of election)  

 7                                              Precinct No._____.

 8                                              County of _______.

 9         (2)  The person shall fill out, in his or her own

10  handwriting or with assistance from a member of the election

11  board, the form and make an affidavit to the facts stated in

12  the filled-in form; such affidavit shall then be sworn to and

13  subscribed before one of the inspectors or clerks of the

14  election who is authorized to administer the oath. Whenever

15  the affidavit is made and filed with the clerk or inspector,

16  the person shall then be admitted to cast his or her vote, but

17  if the person fails or refuses to make out or file such

18  affidavit but asserts his or her eligibility, then he or she

19  shall be entitled to vote a provisional ballot not be

20  permitted to vote.

21         Section 34.  Subsection (1) of section 101.51, Florida

22  Statutes, as amended by chapter 2002-281, is amended to read:

23         101.51  Electors to occupy booth alone.--

24         (1)  When the elector presents himself or herself to

25  vote, the election official shall ascertain whether the

26  elector's name is upon the register of electors, and, if the

27  elector's name appears and no challenge interposes, or, if

28  interposed, be not sustained, one of the election officials

29  stationed at the entrance shall announce the name of the

30  elector and permit him or her to enter the booth or

31  compartment to cast his or her vote, allowing only one elector

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  at a time to pass through to vote. An elector, while casting

 2  his or her ballot, may not occupy a booth or compartment

 3  already occupied or speak with anyone, except as provided by

 4  s. 101.051, while in the voting booth polling place.

 5         Section 35.  Subsection (4) of section 101.5606,

 6  Florida Statutes, is amended to read:

 7         101.5606  Requirements for approval of systems.--No

 8  electronic or electromechanical voting system shall be

 9  approved by the Department of State unless it is so

10  constructed that:

11         (4)  For systems using marksense paper ballots, it

12  accepts a rejected ballot pursuant to subsection (3) if a

13  voter chooses to cast the ballot, but records no vote for any

14  office that has been overvoted or undervoted.

15         Section 36.  Subsections (2) and (3) of section

16  101.5608, Florida Statutes, are amended to read:

17         101.5608  Voting by electronic or electromechanical

18  method; procedures.--

19         (2)  When an electronic or electromechanical voting

20  system utilizes a ballot card or marksense paper ballot, the

21  following procedures shall be followed:

22         (a)  After receiving a ballot from an inspector, the

23  elector shall, without leaving the polling place, retire to a

24  booth or compartment and mark the ballot. After preparing his

25  or her ballot, the elector shall place the ballot in a secrecy

26  envelope with the stub exposed or shall fold over that portion

27  on which write-in votes may be cast, as instructed, so that

28  the ballot will be deposited in the ballot box without

29  exposing the voter's choices. Before the ballot is deposited

30  in the ballot box, the inspector shall detach the exposed stub

31  and place it in a separate envelope for audit purposes; when a

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  fold-over ballot is used, the entire ballot shall be placed in

 2  the ballot box.

 3         (b)  Any voter who spoils his or her ballot or makes an

 4  error may return the ballot to the election official and

 5  secure another ballot, except that in no case shall a voter be

 6  furnished more than three ballots. If the vote tabulation

 7  device has rejected a ballot, the ballot shall be considered

 8  spoiled and a new ballot shall be provided to the voter unless

 9  the voter chooses to cast the rejected ballot. The election

10  official, without examining the original ballot, shall state

11  the possible reasons for the rejection and shall provide

12  instruction to the voter pursuant to s. 101.5611. A spoiled

13  ballot shall be preserved, without examination, in an envelope

14  provided for that purpose. The stub shall be removed from the

15  ballot and placed in an envelope.

16         (c)  The supervisor of elections shall prepare for each

17  polling place at least one ballot box to contain the ballots

18  of a particular precinct, and each ballot box shall be plainly

19  marked with the name of the precinct for which it is intended.

20         (3)  The Department of State shall promulgate rules

21  regarding voting procedures to be used when an electronic or

22  electromechanical voting system is of a type which does not

23  utilize a ballot card or marksense paper ballot.

24         Section 37.  Subsection (2) of section 101.5612,

25  Florida Statutes, is amended to read:

26         101.5612  Testing of tabulating equipment.--

27         (2)  On any day not more than 10 days prior to the

28  commencement of early voting as provided in s. 101.657, the

29  supervisor of elections shall have the automatic tabulating

30  equipment publicly tested to ascertain that the equipment will

31  correctly count the votes cast for all offices and on all

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    24-1316-05                                              See HB




 1  measures. If the ballots to be used at the polling place on

 2  election day are not available at the time of the testing, the

 3  supervisor may conduct an additional test not more than 10

 4  days prior to election day. Public notice of the time and

 5  place of the test shall be given at least 48 hours prior

 6  thereto by publication once in one or more newspapers of

 7  general circulation in the county or, if there is no newspaper

 8  of general circulation in the county, by posting the notice in

 9  at least four conspicuous places in the county. The supervisor

10  or the municipal elections official may, at the time of

11  qualifying, give written notice of the time and location of

12  the public preelection test to each candidate qualifying with

13  that office and obtain a signed receipt that the notice has

14  been given. The Department of State shall give written notice

15  to each statewide candidate at the time of qualifying, or

16  immediately at the end of qualifying, that the voting

17  equipment will be tested and advise each candidate to contact

18  the county supervisor of elections as to the time and location

19  of the public preelection test. The supervisor or the

20  municipal elections official shall, at least 15 days prior to

21  the commencement of early voting as provided in s. 101.657,

22  send written notice by certified mail to the county party

23  chair of each political party and to all candidates for other

24  than statewide office whose names appear on the ballot in the

25  county and who did not receive written notification from the

26  supervisor or municipal elections official at the time of

27  qualifying, stating the time and location of the public

28  preelection test of the automatic tabulating equipment. The

29  canvassing board shall convene, and each member of the

30  canvassing board shall certify to the accuracy of the test.

31  For the test, the canvassing board may designate one member to

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    24-1316-05                                              See HB




 1  represent it. The test shall be open to representatives of the

 2  political parties, the press, and the public. Each political

 3  party may designate one person with expertise in the computer

 4  field who shall be allowed in the central counting room when

 5  all tests are being conducted and when the official votes are

 6  being counted. The designee shall not interfere with the

 7  normal operation of the canvassing board.

 8         Section 38.  Subsection (5) of section 101.5614,

 9  Florida Statutes, is amended to read:

10         101.5614  Canvass of returns.--

11         (5)  If any absentee ballot is physically damaged so

12  that it cannot properly be counted by the automatic tabulating

13  equipment, a true duplicate copy shall be made of the damaged

14  ballot in the presence of witnesses and substituted for the

15  damaged ballot. Likewise, a duplicate ballot shall be made of

16  an absentee ballot containing an overvoted race or a marked

17  absentee ballot in which every race is undervoted which shall

18  include all valid votes as determined by the canvassing board

19  based on rules adopted by the division pursuant to s.

20  102.166(4)(5). All duplicate ballots shall be clearly labeled

21  "duplicate," bear a serial number which shall be recorded on

22  the defective ballot, and be counted in lieu of the defective

23  ballot. After a ballot has been duplicated, the defective

24  ballot shall be placed in an envelope provided for that

25  purpose, and the duplicate ballot shall be tallied with the

26  other ballots for that precinct.

27         Section 39.  Section 101.572, Florida Statutes, is

28  amended to read:

29         101.572  Public inspection of ballots.--The official

30  ballots and ballot cards received from election boards and

31  removed from absentee ballot mailing envelopes shall be open

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    24-1316-05                                              See HB




 1  for public inspection or examination while in the custody of

 2  the supervisor of elections or the county canvassing board at

 3  any reasonable time, under reasonable conditions; however, no

 4  persons other than the supervisor of elections or his or her

 5  employees or the county canvassing board shall handle any

 6  official ballot or ballot card. If the ballots are being

 7  examined prior to the end of the contest period in s. 102.168,

 8  the supervisor of elections shall make a reasonable effort to

 9  notify all candidates whose names appear on such ballots or

10  ballot cards by telephone or otherwise of the time and place

11  of the inspection or examination. All such candidates, or

12  their representatives, shall be allowed to be present during

13  the inspection or examination.

14         Section 40.  Section 101.58, Florida Statutes, is

15  amended to read:

16         101.58  Supervising and observing registration and

17  election processes.--

18         (1)  The Department of State may, at any time it deems

19  fit; upon the petition of 5 percent of the registered

20  electors; or upon the petition of any candidate, county

21  executive committee chair, state committeeman or

22  committeewoman, or state executive committee chair, appoint

23  one or more deputies whose duties shall be to observe and

24  examine the registration and election processes and the

25  condition, custody, and operation of voting systems and

26  equipment in any county or municipality. The deputy shall have

27  access to all registration books and records as well as any

28  other records or procedures relating to the voting process.

29  The deputy may supervise preparation of the voting equipment

30  and procedures for election, and it shall be unlawful for any

31  person to obstruct the deputy in the performance of his or her

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  duty. The deputy shall file with the Department of State a

 2  report of his or her findings and observations of the

 3  registration and election processes in the county or

 4  municipality, and a copy of the report shall also be filed

 5  with the clerk of the circuit court of said county. The

 6  compensation of such deputies shall be fixed by the Department

 7  of State; and costs incurred under this section shall be paid

 8  from the annual operating appropriation made to the Department

 9  of State.

10         (2)  Upon the written direction of the Secretary of

11  State, any employee of the Department of State shall have full

12  access to all premises, records, equipment, and staff of the

13  supervisor of elections.

14         Section 41.  Subsection (1) of section 101.595, Florida

15  Statutes, is amended to read:

16         101.595  Analysis and reports of voting problems.--

17         (1)  No later than December 15 of each general election

18  year, the supervisor of elections in each county shall report

19  to the Department of State the total number of overvotes and

20  undervotes in either the presidential or the gubernatorial

21  race, whichever is applicable first race appearing on the

22  ballot pursuant to s. 101.151(2), along with the likely

23  reasons for such overvotes and undervotes and other

24  information as may be useful in evaluating the performance of

25  the voting system and identifying problems with ballot design

26  and instructions which may have contributed to voter

27  confusion.

28         Section 42.  Subsection (6) of section 101.6103,

29  Florida Statutes, is renumbered as subsection (7), and a new

30  subsection (6) is added to that section, to read:

31         101.6103  Mail ballot election procedure.--

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 1         (6)  The canvassing board may begin the canvassing of

 2  mail ballots at 7 a.m. on the fourth day before the election,

 3  including processing the ballots through the tabulating

 4  equipment. However, results may not be released until after 7

 5  p.m. on election day. Any canvassing board member or election

 6  employee who releases any result prior to 7 p.m. on election

 7  day commits a felony of the third degree, punishable as

 8  provided in s. 775.082, s. 775.083, or s. 775.084.

 9         Section 43.  Subsections (2), (3), and (4) of section

10  101.62, Florida Statutes, are amended to read:

11         101.62  Request for absentee ballots.--

12         (2)  If A request for an absentee ballot to be mailed

13  to an elector shall be is received no later than 5 p.m. on the

14  6th day prior to after the Friday before the election by the

15  supervisor of elections from an absent elector overseas, the

16  supervisor shall send a notice to the elector acknowledging

17  receipt of his or her request and notifying the elector that

18  the ballot will not be forwarded due to insufficient time for

19  return of the ballot by the required deadline.

20         (3)  For each request for an absentee ballot received,

21  the supervisor shall record the date the request was made, the

22  date the absentee ballot was delivered to the elector or the

23  elector's designee or the date the ballot was delivered to the

24  post office or other carrier mailed, the date the ballot was

25  received by the supervisor, and such other information he or

26  she may deem necessary. This information shall be confidential

27  and exempt from the provisions of s. 119.07(1) and shall be

28  made available to or reproduced only for the elector

29  requesting the ballot, a canvassing board, an election

30  official, a political party or official thereof, a candidate

31  who has filed qualification papers and is opposed in an

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  upcoming election, and registered political committees or

 2  registered committees of continuous existence, for political

 3  purposes only.

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

 5  has requested an absentee ballot, the supervisor of elections

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

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

 8  before the second primary and general election, the supervisor

 9  of elections shall mail an absentee ballot. If the regular

10  absentee ballots are not available, the supervisor shall mail

11  an advance absentee ballot to those persons requesting ballots

12  for such elections. The advance absentee ballot for the second

13  primary shall be the same as the first primary absentee ballot

14  as to the names of candidates, except that for any offices

15  where there are only two candidates, those offices and all

16  political party executive committee offices shall be omitted.

17  Except as provided in ss. 99.063(4) and 100.371(6), the

18  advance absentee ballot for the general election shall be as

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

20  of political parties where nominations were not made in the

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

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

23  advance absentee ballot. The advance absentee ballot or

24  advance absentee ballot information booklet shall be of a

25  different color for each election and also a different color

26  from the absentee ballots for the first primary, second

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

28  advance absentee ballot for the second primary and general

29  election to each qualified absent elector for whom a request

30  is received until the absentee ballots are printed. The

31  supervisor shall enclose with the advance second primary

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  absentee ballot and advance general election absentee ballot

 2  an explanation stating that the absentee ballot for the

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

 4  the advance absentee ballot and the absentee ballot for the

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

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

 7  by rule the requirements for preparing and mailing absentee

 8  ballots to absent qualified electors overseas.

 9         (b)  As soon as the remainder of the absentee ballots

10  are printed, the supervisor shall provide an absentee ballot

11  to each elector by whom a request for that ballot has been

12  made by one of the following means:

13         1.  By nonforwardable, return-if-undeliverable mail to

14  the elector's current mailing address on file with the

15  supervisor, unless the elector specifies in the request that:

16         a.  The elector is absent from the county and does not

17  plan to return before the day of the election;

18         b.  The elector is temporarily unable to occupy the

19  residence because of hurricane, tornado, flood, fire, or other

20  emergency or natural disaster; or

21         c.  The elector is in a hospital, assisted-living

22  facility, nursing home, short-term medical or rehabilitation

23  facility, or correctional facility,

24  

25  in which case the supervisor shall mail the ballot by

26  nonforwardable, return-if-undeliverable mail to any other

27  address the elector specifies in the request.

28         2.  By forwardable mail to voters who are entitled to

29  vote by absentee ballot under the Uniformed and Overseas

30  Citizens Absentee Voting Act.

31  

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 1         3.  By personal delivery to the elector, upon

 2  presentation of the identification required in s. 101.657

 3  until 7 p.m. on the day of the election.

 4         4.  By delivery to a designee on election day or up to

 5  4 days prior to the day of an election. Any elector may

 6  designate in writing a person to pick up the ballot for the

 7  elector; however, the person designated may not pick up more

 8  than two absentee ballots per election, other than the

 9  designee's own ballot, except that additional ballots may be

10  picked up for members of the designee's immediate family. For

11  purposes of this section, "immediate family" means the

12  designee's spouse or the parent, child, grandparent, or

13  sibling of the designee or of the designee's spouse. The

14  designee shall provide to the supervisor the written

15  authorization by the elector and a picture identification of

16  the designee and must complete an affidavit. The designee

17  shall state in the affidavit that the designee is authorized

18  by the elector to pick up that ballot and shall indicate if

19  the elector is a member of the designee's immediate family

20  and, if so, the relationship. The department shall prescribe

21  the form of the affidavit. If the supervisor is satisfied that

22  the designee is authorized to pick up the ballot and that the

23  signature of the elector on the written authorization matches

24  the signature of the elector on file, the supervisor shall

25  give the ballot to that designee for delivery to the elector.

26         Section 44.  Subsection (3) of section 101.64, Florida

27  Statutes, is added to read:

28         101.64  Delivery of absentee ballots; envelopes;

29  form.--

30         (3)  In lieu of the voter's certificate provided in

31  this section, the supervisor of elections shall provide each

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    24-1316-05                                              See HB




 1  person voting absentee under the Uniformed and Overseas

 2  Citizens Absentee Voting Act with the standard oath prescribed

 3  by the presidential designee.

 4         Section 45.  Subsection (1) of section 101.657, Florida

 5  Statutes, is amended to read:

 6         101.657  Early voting.--

 7         (1)(a)  As a convenience to the voter, the supervisor

 8  of elections shall allow an elector to vote early in the main

 9  or branch office of the supervisor by depositing the voted

10  ballot in a voting device used by the supervisor to collect or

11  tabulate ballots. In order for a branch office to be used for

12  early voting, it shall be a full-service facility of the

13  supervisor and shall have been designated as such at least 1

14  year prior to the election. The supervisor may provide early

15  voting at sites other than the main or branch office of the

16  supervisor provided that such sites are located in facilities

17  that adequately address security of the voting equipment and

18  provide for the efficient conduct of early voting activities.

19  When selecting an early voting site, the supervisor shall

20  consider square footage, parking, and population density of

21  the area serviced designate any city hall or public library as

22  early voting sites; however, if so designated, the sites must

23  be geographically located so as to provide all voters in the

24  county an equal opportunity to cast a ballot, insofar as is

25  practicable. The results or tabulation of votes cast during

26  early voting may not be made before the close of the polls on

27  election day. Results shall be reported by precinct.

28         (b)  The supervisor shall designate each early voting

29  site by no later than the 30th day prior to an election and

30  shall designate an early voting area, as defined in s. 97.021,

31  at each early voting site. Designation of early voting sites

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 1  may not be changed except by petition to the division, which

 2  petition shall only be granted for reasons of a natural or

 3  unavoidable event resulting in the unavailability of such

 4  early voting site.

 5         (c)  All early voting sites in a county shall be open

 6  on the same days for the same amount of time and shall allow

 7  any person in line at the closing of an early voting site to

 8  vote.

 9         (d)(b)  Early voting shall begin on the 15th day before

10  an election and end on the 2nd day before an election. For

11  purposes of a special election held pursuant to s. 100.101,

12  early voting shall begin on the 8th day before an election and

13  end on the 2nd day before an election. Early voting shall be

14  provided for at least 8 hours per weekday during the

15  applicable periods. Early voting shall also be provided on for

16  8 hours in the aggregate for each weekend during the

17  applicable periods.

18         (e)  Notwithstanding the requirements of s. 100.3605,

19  municipalities may provide early voting in municipal elections

20  that are not held in conjunction with county or state

21  elections. If a municipality provides early voting, it may

22  designate as many sites as necessary and shall conduct its

23  activities in accordance with the provisions of paragraphs

24  (a)-(c). The supervisor is not required to conduct early

25  voting if it is provided pursuant to this subsection.

26         (f)  Notwithstanding the requirements of s. 189.405,

27  special districts may provide early voting in any district

28  election not held in conjunction with county or state

29  elections. If a special district provides early voting, it may

30  designate as many sites as necessary and shall conduct its

31  activities in accordance with the provisions of paragraphs

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    Florida Senate - 2005                                  SB 2650
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 1  (a)-(c). The supervisor is not required to conduct early

 2  voting if it is provided pursuant to this subsection.

 3         Section 46.  Subsection (2) section 101.663, Florida

 4  Statutes, is amended to read:

 5         101.663  Electors; change of residence.--

 6         (2)  An elector registered in this state who moves his

 7  or her permanent residence to another state after the

 8  registration books in that state have closed and who is

 9  prohibited by the laws of that state from voting for the

10  offices of President and Vice President of the United States

11  shall be permitted to vote absentee in the county of his or

12  her former residence for the those offices of President and

13  Vice President.

14         Section 47.  Subsection (1) of section 101.68, Florida

15  Statutes, is amended to read:

16         101.68  Canvassing of absentee ballot.--

17         (1)  The supervisor of the county where the absent

18  elector resides shall receive the voted ballot, at which time

19  the supervisor shall compare the signature of the elector on

20  the voter's certificate with the signature of the elector in

21  the registration books to determine whether the elector is

22  duly registered in the county and may record on the elector's

23  registration certificate that the elector has voted. The

24  supervisor shall safely keep the ballot unopened in his or her

25  office until the county canvassing board canvasses the vote.

26  Once an absentee ballot has been received by the supervisor,

27  the ballot is deemed to have been cast and no changes or

28  additions shall be made to the Voter's Certificate.

29         Section 48.  Section 101.69, Florida Statutes, is

30  amended to read:

31  

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 1         101.69  Voting in person; return of absentee

 2  ballot.--The provisions of this code shall not be construed to

 3  prohibit any elector from voting in person at the elector's

 4  precinct on the day of an election or at an early voting site

 5  notwithstanding that the elector has requested an absentee

 6  ballot for that election. However, an elector who has returned

 7  a voted absentee ballot to the supervisor is deemed to have

 8  cast his or her ballot and shall not be entitled to vote

 9  another ballot or have a provisional ballot counted by the

10  county canvassing board. An elector who has received an

11  absentee ballot and who has not returned the voted ballot to

12  the supervisor, but desires to vote in person, shall return

13  the ballot, whether voted or not, to the election board in the

14  elector's precinct or to an early voting site. The returned

15  ballot shall be marked "canceled" by the board and placed with

16  other canceled ballots. However, if the elector does not

17  return the ballot and the election official:

18         (1)  Confirms that the supervisor has received the

19  elector's absentee ballot, the elector shall not be allowed to

20  vote in person. If the elector maintains that he or she has

21  not returned the absentee ballot or remains eligible to vote,

22  the elector shall be provided a provisional ballot as provided

23  in s. 101.048.

24         (2)  Confirms that the supervisor has not received the

25  elector's absentee ballot, the elector shall be allowed to

26  vote in person as provided in this code. The elector's

27  absentee ballot, if subsequently received, shall not be

28  counted and shall remain in the mailing envelope, and the

29  envelope shall be marked "Rejected as Illegal."

30  

31  

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 1         (3)  Cannot determine whether the supervisor has

 2  received the elector's absentee ballot, the elector may vote a

 3  provisional ballot as provided in s. 101.048.

 4         Section 49.  Subsection (2) of section 101.6923,

 5  Florida Statutes, is amended to read:

 6         101.6923  Special absentee ballot instructions for

 7  certain first-time voters.--

 8         (2)  A voter covered by this section shall be provided

 9  with the following printed instructions with his or her

10  absentee ballot in substantially the following form:

11  

12         READ THESE INSTRUCTIONS CAREFULLY BEFORE

13         MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE

14         INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO

15         COUNT.

16  

17         1.  In order to ensure that your absentee ballot will

18  be counted, it should be completed and returned as soon as

19  possible so that it can reach the supervisor of elections of

20  the county in which your precinct is located no later than 7

21  p.m. on the date of the election.

22         2.  Mark your ballot in secret as instructed on the

23  ballot. You must mark your own ballot unless you are unable to

24  do so because of blindness, disability, or inability to read

25  or write.

26         3.  Mark only the number of candidates or issue choices

27  for a race as indicated on the ballot. If you are allowed to

28  "Vote for One" candidate and you vote for more than one, your

29  vote in that race will not be counted.

30         4.  Place your marked ballot in the enclosed secrecy

31  envelope and seal the envelope.

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         5.  Insert the secrecy envelope into the enclosed

 2  envelope bearing the Voter's Certificate. Seal the envelope

 3  and completely fill out the Voter's Certificate on the back of

 4  the envelope.

 5         a.  You must sign your name on the line above (Voter's

 6  Signature).

 7         b.  If you are an overseas voter, you must include the

 8  date you signed the Voter's Certificate on the line above

 9  (Date) or your ballot may not be counted.

10         6.  Unless you meet one of the exemptions in Item 7.,

11  you must make a copy of one of the following forms of

12  identification:

13         a.  Identification which must include your name and

14  photograph: current and valid Florida driver's license;

15  Florida identification card issued by the Department of

16  Highway Safety and Motor Vehicles; United States passport;

17  employee badge or identification; buyer's club identification

18  card; debit or credit card; military identification; student

19  identification; retirement center identification; neighborhood

20  association identification; entertainment identification; or

21  public assistance identification; or

22         b.  Identification which shows your name and current

23  residence address: current utility bill, bank statement,

24  government check, paycheck, or government document (excluding

25  voter identification card).

26         7.  The identification requirements of Item 6. do not

27  apply if you meet one of the following requirements:

28         a.  You are 65 years of age or older.

29         b.  You have a temporary or permanent physical

30  disability.

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         c.  You are a member of a uniformed service on active

 2  duty who, by reason of such active duty, will be absent from

 3  the county on election day.

 4         d.  You are a member of the Merchant Marine who, by

 5  reason of service in the Merchant Marine, will be absent from

 6  the county on election day.

 7         e.  You are the spouse or dependent of a member

 8  referred to in paragraph c. or paragraph d. who, by reason of

 9  the active duty or service of the member, will be absent from

10  the county on election day.

11         f.  You are currently residing outside the United

12  States.

13         8.  Place the envelope bearing the Voter's Certificate

14  into the mailing envelope addressed to the supervisor. Insert

15  a copy of your identification in the mailing envelope. DO NOT

16  PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE

17  BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S

18  CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.

19         9.  Mail, deliver, or have delivered the completed

20  mailing envelope. Be sure there is sufficient postage if

21  mailed.

22         10.  FELONY NOTICE. It is a felony under Florida law to

23  accept any gift, payment, or gratuity in exchange for your

24  vote for a candidate. It is also a felony under Florida law to

25  vote in an election using a false identity or false address,

26  or under any other circumstances making your ballot false or

27  fraudulent.

28         Section 50.  Subsection (3) of section 101.694, Florida

29  Statutes, is amended to read:

30         101.694  Mailing of ballots upon receipt of federal

31  postcard application.--

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         (3)  Absentee envelopes printed for voters entitled to

 2  vote absentee under the Uniformed and Overseas Citizens

 3  Absentee Voting Act shall meet the specifications as

 4  determined by the Federal Voting Assistance Program of the

 5  United States Department of Defense and the United States

 6  Postal Service. There shall be printed across the face of each

 7  envelope in which a ballot is sent to a federal postcard

 8  applicant, or is returned by such applicant to the supervisor,

 9  two parallel horizontal red bars, each one-quarter inch wide,

10  extending from one side of the envelope to the other side,

11  with an intervening space of one-quarter inch, the top bar to

12  be 11/4 inches from the top of the envelope, and with the

13  words "Official Election Balloting Material-via Air Mail," or

14  similar language, between the bars. There shall be printed in

15  the upper right corner of each such envelope, in a box, the

16  words "Free of U. S. Postage, including Air Mail." All

17  printing on the face of each envelope shall be in red, and

18  there shall be printed in red in the upper left corner of each

19  ballot envelope an appropriate inscription or blanks for

20  return address of sender. Additional specifications may be

21  prescribed by rule of the Division of Elections upon

22  recommendation of the presidential designee under the

23  Uniformed and Overseas Citizens Absentee Voting Act.

24  Otherwise, the envelopes shall be the same as those used in

25  sending ballots to, or receiving them from, other absentee

26  voters.

27         Section 51.  Section 101.697, Florida Statutes, is

28  amended to read:

29         101.697  Electronic transmission of election

30  materials.--The Department of State shall adopt rules to

31  authorize a supervisor of elections to accept a request for an

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  absentee ballot and a voted absentee ballot by facsimile

 2  machine or other electronic means from overseas voters if the

 3  department can be assured that the security of the

 4  transmission of the ballot is able to be established. The

 5  rules must provide that in order to accept a voted ballot, the

 6  verification of the voter must be established, the security of

 7  the transmission must be established, and each ballot received

 8  must be recorded.

 9         Section 52.  Section 102.012, Florida Statutes, is

10  amended to read:

11         102.012  Inspectors and clerks to conduct elections.--

12         (1)  The supervisor of elections of each county, at

13  least 20 days prior to the holding of any election, shall

14  appoint an two election board comprised of poll workers who

15  serve as clerks or inspectors boards for each precinct in the

16  county; however, the supervisor of elections may, in any

17  election, appoint one election board if the supervisor has

18  reason to believe that only one is necessary. The clerk shall

19  be in charge of, and responsible for, seeing that the election

20  board carries out its duties and responsibilities. Each

21  inspector and each clerk shall take and subscribe to an oath

22  or affirmation, which shall be written or printed, to the

23  effect that he or she will perform the duties of inspector or

24  clerk of election, respectively, according to law and will

25  endeavor to prevent all fraud, deceit, or abuse in conducting

26  the election. The oath may be taken before an officer

27  authorized to administer oaths or before any of the persons

28  who are to act as inspectors, one of them to swear the others,

29  and one of the others sworn thus, in turn, to administer the

30  oath to the one who has not been sworn. The oaths shall be

31  returned with the poll list and the returns of the election to

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  the supervisor. In all questions that may arise before the

 2  members of an election board, the decision of a majority of

 3  them shall decide the question. The supervisor of elections of

 4  each county shall be responsible for the attendance and

 5  diligent performance of his or her duties by each clerk and

 6  inspector.

 7         (2)  Each member of the election board shall be able to

 8  read and write the English language and shall be a registered

 9  qualified elector of the county in which the member is

10  appointed or a person who has preregistered to vote, pursuant

11  to s. 97.041(1)(b), in the county in which the member is

12  appointed. No election board shall be composed solely of

13  members of one political party; however, in any primary in

14  which only one party has candidates appearing on the ballot,

15  all clerks and inspectors may be of that party. Any person

16  whose name appears as an opposed candidate for any office

17  shall not be eligible to serve on an election board.

18         (3)  The supervisor shall furnish inspectors of

19  election for each precinct with the list of registered voters

20  for the precinct registration books divided alphabetically as

21  will best facilitate the holding of an election. The

22  supervisor shall also furnish to the inspectors of election at

23  the polling place at each precinct in the supervisor's county

24  a sufficient number of forms and blanks for use on election

25  day.

26         (4)(a)  The election board of each precinct shall

27  attend the polling place by 6 a.m. of the day of the election

28  and shall arrange the furniture, stationery, and voting

29  equipment.

30         (b)  The An election board shall conduct the voting,

31  beginning and closing at the time set forth in s. 100.011. If

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  more than one board has been appointed, the second board

 2  shall, upon the closing of the polls, come on duty and count

 3  the votes cast. In such case, the first board shall turn over

 4  to the second board all closed ballot boxes, registration

 5  books, and other records of the election at the time the

 6  boards change. The second board shall continue counting until

 7  the count is complete or until 7 a.m. the next morning, and,

 8  if the count is not completed at that time, the first board

 9  that conducted the election shall again report for duty and

10  complete the count. The second board shall turn over to the

11  first board all ballots counted, all ballots not counted, and

12  all registration books and other records and shall advise the

13  first board as to what has transpired in tabulating the

14  results of the election.

15         (5)  In precincts in which there are more than 1,000

16  registered electors, the supervisor of elections shall appoint

17  additional election boards necessary for the election.

18         (6)  In any precinct in which there are fewer than 300

19  registered electors, it is not necessary to appoint two

20  election boards, but one such board will suffice. Such board

21  shall be composed of at least one inspector and one clerk.

22         Section 53.  Section 102.014, Florida Statutes, is

23  amended to read:

24         102.014  Poll worker recruitment and training.--

25         (1)  The supervisor of elections shall conduct training

26  for inspectors, clerks, and deputy sheriffs prior to each

27  primary, general, and special election for the purpose of

28  instructing such persons in their duties and responsibilities

29  as election officials. The Division of Elections shall develop

30  a statewide uniform training curriculum for poll workers, and

31  each supervisor shall use such curriculum in their poll worker

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  training. A certificate may be issued by the supervisor of

 2  elections to each person completing such training. No person

 3  shall serve as an inspector, clerk, or deputy sheriff for an

 4  election unless such person has completed the training as

 5  required. A clerk may not work at the polls unless he or she

 6  demonstrates a working knowledge of the laws and procedures

 7  relating to voter registration, voting system operation,

 8  balloting and polling place procedures, and problem-solving

 9  and conflict-resolution skills.

10         (2)  A person who has attended previous training

11  conducted within 2 years before the election may be appointed

12  by the supervisor to fill a vacancy on an election board day.

13  If no person with prior training is available to fill such

14  vacancy, the supervisor of elections may fill such vacancy in

15  accordance with the provisions of subsection (3) from among

16  persons who have not received the training required by this

17  section.

18         (3)  In the case of absence or refusal to act on the

19  part of any inspector or clerk at any precinct on the day of

20  an election, the supervisor shall appoint a replacement who

21  meets the qualifications prescribed in s. 102.012(2). The

22  inspector or clerk so appointed shall be a member of the same

23  political party as the clerk or inspector whom he or she

24  replaces.

25         (4)  Each supervisor of elections shall be responsible

26  for training inspectors and clerks, subject to the following

27  minimum requirements:

28         (a)  No clerk shall be entitled to work at the polls

29  unless he or she has had a minimum of 3 hours of training

30  prior to each election.

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         (b)  No inspector shall work at the polls unless he or

 2  she has had a minimum of 2 hours of training prior to each

 3  election.

 4         (c)  For the purposes of this subsection, the first and

 5  second primary elections shall be considered one election.

 6         (5)  The Department of State shall create a uniform

 7  polling place procedures manual and adopt the manual by rule.

 8  Each supervisor of elections shall ensure that the manual is

 9  available in hard copy or electronic form in every polling

10  place precinct in the supervisor's jurisdiction on election

11  day. The manual shall guide inspectors, clerks, and deputy

12  sheriffs in the proper implementation of election procedures

13  and laws. The manual shall be indexed by subject, and written

14  in plain, clear, unambiguous language. The manual shall

15  provide specific examples of common problems encountered at

16  the polls on election day, and detail specific procedures for

17  resolving those problems. The manual shall include, without

18  limitation:

19         (a)  Regulations governing solicitation by individuals

20  and groups at the polling place;

21         (b)  Procedures to be followed with respect to voters

22  whose names are not on the precinct register;

23         (c)  Proper operation of the voting system;

24         (d)  Ballot handling procedures;

25         (e)  Procedures governing spoiled ballots;

26         (f)  Procedures to be followed after the polls close;

27         (g)  Rights of voters at the polls;

28         (h)  Procedures for handling emergency situations;

29         (i)  Procedures for dealing with irate voters;

30         (j)  The handling and processing of provisional

31  ballots; and

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         (k)  Security procedures.

 2  

 3  The Department of State shall revise the manual as necessary

 4  to address new procedures in law or problems encountered by

 5  voters and poll workers at the precincts.

 6         (6)  Supervisors of elections shall work with the

 7  business and local community to develop public-private

 8  programs to ensure the recruitment of skilled inspectors and

 9  clerks.

10         (7)  The Department of State shall develop a mandatory,

11  statewide, and uniform program for training poll workers on

12  issues of etiquette and sensitivity with respect to voters

13  having a disability. The program must consist of approximately

14  1 hour of the required number of hours set forth in paragraph

15  (4)(a). The program must be conducted locally by each

16  supervisor of elections, who shall periodically certify to the

17  Department of State whether each poll worker has completed the

18  program. The supervisor of elections shall contract with a

19  recognized disability-related organization, such as a center

20  for independent living, family network on disabilities, deaf

21  service bureau, or other such organization, to develop and

22  assist with training the trainers in the disability

23  sensitivity programs. The program must include actual

24  demonstrations of obstacles confronted by disabled persons

25  during the voting process, including obtaining access to the

26  polling place, traveling through the polling area, and using

27  the voting system.

28         Section 54.  Section 102.031, Florida Statutes, is

29  amended to read:

30  

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         102.031  Maintenance of good order at polls;

 2  authorities; persons allowed in polling rooms and early voting

 3  areas; unlawful solicitation of voters.--

 4         (1)  Each election board shall possess full authority

 5  to maintain order at the polls and enforce obedience to its

 6  lawful commands during an election and the canvass of the

 7  votes.

 8         (2)  The sheriff shall deputize a deputy sheriff for

 9  each polling place and each early voting site who shall be

10  present during the time the polls or early voting site are

11  open and until the election is completed, who shall be subject

12  to all lawful commands of the clerk or inspectors, and who

13  shall maintain good order. The deputy may summon assistance

14  from among bystanders to aid him or her when necessary to

15  maintain peace and order at the polls or early voting sites.

16         (3)(a)  No person may enter any polling room or polling

17  place where the polling place is also a polling room or any

18  early voting area, during voting hours except the following:

19         1.  Official poll watchers;

20         2.  Inspectors;

21         3.  Election clerks;

22         4.  The supervisor of elections or his or her deputy;

23         5.  Persons there to vote, persons in the care of a

24  voter, or persons caring for such voter;

25         6.  Law enforcement officers or emergency service

26  personnel there with permission of the clerk or a majority of

27  the inspectors; or

28         7.  A person, whether or not a registered voter, who is

29  assisting with or participating in a simulated election for

30  minors, as approved by the supervisor of elections.

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  No person may bring a camera into the polling room or early

 2  voting area.

 3         (b)  The restriction in paragraph (a) this subsection

 4  does not apply where the polling room is in an area commonly

 5  traversed by the public in order to gain access to businesses

 6  or homes or in an area traditionally utilized as a public area

 7  for discussion.

 8         (4)(a)(c)  No person, political committee, committee of

 9  continuous existence, or other group or organization may

10  solicit voters inside the polling place or within 100 50 feet

11  of the entrance to any polling place, or polling room where

12  the polling place is also a polling room, or early voting

13  site. Before the opening of the polling place or early voting

14  site, the clerk or supervisor shall designate the no

15  solicitation zone and mark the boundaries on the day of any

16  election.

17         1.  Solicitation shall not be restricted if:

18         a.  Conducted from a separately marked area within the

19  50-foot zone so as not to disturb, hinder, impede, obstruct,

20  or interfere with voter access to the polling place or polling

21  room entrance; and

22         b.  The solicitation activities and subject matter are

23  clearly and easily identifiable by the voters as an activity

24  in which they may voluntarily participate; or

25         c.  Conducted on property within the 50-foot zone which

26  is a residence, established business, private property,

27  sidewalk, park, or property traditionally utilized as a public

28  area for discussion.

29         2.  Solicitation shall not be permitted within the

30  50-foot zone on a public sidewalk or other similar means of

31  access to the polling room if it is clearly identifiable to

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  the poll workers that the solicitation is impeding,

 2  obstructing, or interfering with voter access to the polling

 3  room or polling place.

 4         (b)(d)  For the purpose of this subsection, the term

 5  "solicit" shall include, but not be limited to, seeking or

 6  attempting to seek any vote, fact, opinion, or contribution;

 7  distributing or attempting to distribute any political or

 8  campaign material, leaflet, or handout; conducting a poll;

 9  seeking or attempting to seek a signature on any petition; and

10  selling or attempting to sell any item.

11         (5)(e)  Each supervisor of elections shall inform the

12  clerk of each precinct of the area within which soliciting is

13  unlawful, based on the particular characteristics of that

14  polling place. The supervisor or the clerk may take any

15  reasonable action necessary to ensure order at the polling

16  places including, but not limited to, which shall include:

17         1.  Designating a specific area for soliciting pursuant

18  to paragraph (c) of this subsection, or

19         2.  having disruptive and unruly persons removed by law

20  enforcement officers from the polling room or place or from

21  the 100-foot 50-foot zone surrounding the polling place.

22         Section 55.  Section 102.071, Florida Statutes, is

23  amended to read:

24         102.071  Tabulation of votes and proclamation of

25  results where ballots are used.--The election board shall post

26  at the polls, for the benefit of the public, the results of

27  the voting for each office or other item on the ballot as the

28  count is completed. Upon completion of all counts in all

29  races, a certificate triplicate certificates of the results

30  shall be drawn up by the inspectors and clerk at each precinct

31  upon a form provided by the supervisor of elections which

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  shall contain the name of each person voted for, for each

 2  office, and the number of votes cast for each person for such

 3  office; and, if any question is submitted, the certificate

 4  shall also contain the number of votes cast for and against

 5  the question. The certificate shall be signed by the

 6  inspectors and clerk, and one of the certificates shall be

 7  delivered without delay by one of the inspectors, securely

 8  sealed, to the supervisor for immediate publication; the

 9  duplicate copy of the certificate shall be delivered to the

10  county court judge; and the remaining copy shall be enclosed

11  in the ballot box together with the oaths of inspectors and

12  clerks. All the ballot boxes, ballots, ballot stubs,

13  memoranda, and papers of all kinds used in the election shall

14  also be transmitted, after being sealed by the inspectors, to

15  with the certificates of result of the election to be filed in

16  the supervisor's office. Registration books and the poll lists

17  shall not be placed in the ballot boxes but shall be returned

18  to the supervisor.

19         Section 56.  Subsection (1) of section 102.111, Florida

20  Statutes, is amended to read:

21         102.111  Elections Canvassing Commission.--

22         (1)  The Elections Canvassing Commission shall consist

23  of the Governor and two members of the Cabinet selected by the

24  Governor. If a member of the Elections Canvassing Commission

25  is unable to serve for any reason, the Governor shall appoint

26  a remaining member of the Cabinet. If there is a further

27  vacancy, the remaining members of the commission shall agree

28  on another elected official to fill the vacancy. The Elections

29  Canvassing Commission shall, as soon as the official results

30  are compiled from all counties, certify the returns of the

31  election and determine and declare who has been elected for

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  each federal, state, and multicounty office. If within 5 days

 2  of the certification by the Elections Canvassing Commission, a

 3  county determines that a typographical error occurred in the

 4  official returns of the county, the correction of which would

 5  result in a change in the outcome of any election certified by

 6  the Elections Canvassing Commission, the county must submit

 7  corrected returns within 24 hours and the Elections Canvassing

 8  Commission shall as soon as practicable correct and recertify

 9  the election returns.

10         Section 57.  Subsections (1) and (2) of section

11  102.112, Florida Statutes, are amended to read:

12         102.112  Deadline for submission of county returns to

13  the Department of State.--

14         (1)  The county canvassing board or a majority thereof

15  shall file the county returns for the election of a federal or

16  state officer with the Department of State immediately after

17  certification of the election results. The returns must

18  contain a certification by the canvassing board that the board

19  has reconciled the number of persons who voted with the number

20  of ballots counted and that the certification includes all

21  valid votes cast in the election.

22         (2)  Returns must be filed by 5 p.m. on the 7th day

23  following a primary election and by 5 p.m. on the 11th day

24  following the general election provided, however, that the

25  Department of State shall have the authority to correct

26  typographical errors, including the transposition of numbers,

27  in any returns submitted to the Department of State pursuant

28  to s. 102.111(1).

29         Section 58.  Section 102.141, Florida Statutes, is

30  amended to read:

31         102.141  County canvassing board; duties.--

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         (1)  The county canvassing board shall be composed of

 2  the supervisor of elections; a county court judge, who shall

 3  act as chair; and the chair of the board of county

 4  commissioners. In the event any member of the county

 5  canvassing board is unable to serve, is a candidate who has

 6  opposition in the election being canvassed, or is an active

 7  participant in the campaign or candidacy of any candidate who

 8  has opposition in the election being canvassed, such member

 9  shall be replaced as follows:

10         (a)  If no county court judge is able to serve or if

11  all are disqualified, the chief judge of the judicial circuit

12  in which the county is located shall appoint as a substitute

13  member a qualified elector of the county who is not a

14  candidate with opposition in the election being canvassed and

15  who is not an active participant in the campaign or candidacy

16  of any candidate with opposition in the election being

17  canvassed. In such event, the members of the county canvassing

18  board shall meet and elect a chair.

19         (b)  If the supervisor of elections is unable to serve

20  or is disqualified, the chair of the board of county

21  commissioners shall appoint as a substitute member a member of

22  the board of county commissioners who is not a candidate with

23  opposition in the election being canvassed and who is not an

24  active participant in the campaign or candidacy of any

25  candidate with opposition in the election being canvassed. The

26  supervisor, however, shall act in an advisory capacity to the

27  canvassing board.

28         (c)  If the chair of the board of county commissioners

29  is unable to serve or is disqualified, the board of county

30  commissioners shall appoint as a substitute member one of its

31  members who is not a candidate with opposition in the election

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    24-1316-05                                              See HB




 1  being canvassed and who is not an active participant in the

 2  campaign or candidacy of any candidate with opposition in the

 3  election being canvassed.

 4         (d)  If a substitute member cannot be appointed as

 5  provided elsewhere in this subsection, the chief judge of the

 6  judicial circuit in which the county is located shall appoint

 7  as a substitute member a qualified elector of the county who

 8  is not a candidate with opposition in the election being

 9  canvassed and who is not an active participant in the campaign

10  or candidacy of any candidate with opposition in the election

11  being canvassed.

12         (2)  The county canvassing board shall meet in a

13  building accessible to the public in the county where the

14  election occurred at a time and place to be designated by the

15  supervisor of elections to publicly canvass the absentee

16  electors' ballots as provided for in s. 101.68 and provisional

17  ballots as provided by ss. 101.048, 101.049, and 101.6925.

18  Provisional ballots cast pursuant to s. 101.049 shall be

19  canvassed in a manner that votes for candidates and issues on

20  those ballots can be segregated from other votes. Public

21  notice of the time and place at which the county canvassing

22  board shall meet to canvass the absentee electors' ballots and

23  provisional ballots shall be given at least 48 hours prior

24  thereto by publication once in one or more newspapers of

25  general circulation in the county or, if there is no newspaper

26  of general circulation in the county, by posting such notice

27  in at least four conspicuous places in the county. As soon as

28  the absentee electors' ballots and the provisional ballots are

29  canvassed, the board shall proceed to publicly canvass the

30  vote given each candidate, nominee, constitutional amendment,

31  or other measure submitted to the electorate of the county, as

                                  98

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  shown by the returns then on file in the office of the

 2  supervisor of elections and the office of the county court

 3  judge.

 4         (3)  The canvass, except the canvass of absentee

 5  electors' returns and the canvass of provisional ballots,

 6  shall be made from the returns and certificates of the

 7  inspectors as signed and filed by them with the county court

 8  judge and supervisor, respectively, and the county canvassing

 9  board shall not change the number of votes cast for a

10  candidate, nominee, constitutional amendment, or other measure

11  submitted to the electorate of the county, respectively, in

12  any polling place, as shown by the returns. All returns shall

13  be made to the board on or before 2 a.m. of the day following

14  any primary, general, special, or other election. If the

15  returns from any precinct are missing, if there are any

16  omissions on the returns from any precinct, or if there is an

17  obvious error on any such returns, the canvassing board shall

18  order a retabulation recount of the returns from such

19  precinct. Before canvassing such returns, the canvassing board

20  shall examine the tabulation of the ballots cast in such

21  precinct and determine whether the returns correctly reflect

22  the votes cast. If there is a discrepancy between the returns

23  and the tabulation of the ballots cast, the tabulation of the

24  ballots cast shall be presumed correct and such votes shall be

25  canvassed accordingly.

26         (4)  The canvassing board shall submit unofficial

27  returns on forms or in formats provided by the division to the

28  Department of State for each federal, statewide, state, or

29  multicounty office or ballot measure no later than noon on the

30  third second day after any primary election and no later than

31  noon on the fifth day after any, general, special, or other

                                  99

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  election. Such returns shall include the canvass of all

 2  ballots as required by subsection (2), except for provisional

 3  ballots, which returns shall be reported at the time required

 4  for official returns pursuant to s. 102.112(2).

 5         (5)  If the county canvassing board determines that the

 6  unofficial returns may contain a counting error in which the

 7  vote tabulation system failed to count votes that were

 8  properly marked in accordance with the instructions on the

 9  ballot, the county canvassing board shall:

10         (a)  Correct the error and retabulate recount the

11  affected ballots with the vote tabulation system; or

12         (b)  Request that the Department of State verify the

13  tabulation software. When the Department of State verifies

14  such software, the department shall compare the software used

15  to tabulate the votes with the software filed with the

16  department pursuant to s. 101.5607 and check the election

17  parameters.

18         (6)  If the unofficial returns reflect that a candidate

19  for any office was defeated or eliminated by one-half of a

20  percent or less of the votes cast for such office, that a

21  candidate for retention to a judicial office was retained or

22  not retained by one-half of a percent or less of the votes

23  cast on the question of retention, or that a measure appearing

24  on the ballot was approved or rejected by one-half of a

25  percent or less of the votes cast on such measure, the board

26  responsible for certifying the results of the vote on such

27  race or measure shall order a recount of the votes cast with

28  respect to such office or measure. The county canvassing board

29  is the board responsible for ordering county and local

30  recounts. The Elections Canvassing Commission is the board

31  responsible for ordering federal, state, and multicounty

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  recounts. A recount need not be ordered with respect to the

 2  returns for any office, however, if the candidate or

 3  candidates defeated or eliminated from contention for such

 4  office by one-half of a percent or less of the votes cast for

 5  such office request in writing that a recount not be made.

 6         (a)  In counties with voting systems that use paper

 7  ballots, Each canvassing board responsible for conducting a

 8  recount shall put each marksense ballot through automatic

 9  tabulating equipment and determine whether the returns

10  correctly reflect the votes cast. If any marksense paper

11  ballot is physically damaged so that it cannot be properly

12  counted by the automatic tabulating equipment during the

13  recount, a true duplicate shall be made of the damaged ballot

14  pursuant to the procedures in s. 101.5614(5). Immediately

15  before the start of the recount and after completion of the

16  count, a test of the tabulating equipment shall be conducted

17  as provided in s. 101.5612. If the test indicates no error,

18  the recount tabulation of the ballots cast shall be presumed

19  correct and such votes shall be canvassed accordingly. If an

20  error is detected, the cause therefor shall be ascertained and

21  corrected and the recount repeated, as necessary. The

22  canvassing board shall immediately report the error, along

23  with the cause of the error and the corrective measures being

24  taken, to the Department of State. No later than 11 days after

25  the election, the canvassing board shall file a separate

26  incident report with the Department of State, detailing the

27  resolution of the matter and identifying any measures that

28  will avoid a future recurrence of the error.

29         (b)  In counties with voting systems that do not use

30  paper ballots, Each canvassing board responsible for

31  conducting a recount where touchscreen ballots were used shall

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  examine the counters on the precinct tabulators to ensure that

 2  the total of the returns on the precinct tabulators equals the

 3  overall election return. If there is a discrepancy between the

 4  overall election return and the counters of the precinct

 5  tabulators, the counters of the precinct tabulators shall be

 6  presumed correct and such votes shall be canvassed

 7  accordingly.

 8         (c)  The canvassing board shall submit a second set of

 9  unofficial returns on forms or in formats provided by the

10  division to the Department of State for each federal,

11  statewide, state, or multicounty office or ballot measure no

12  later than 3 p.m. noon on the fifth third day after any

13  primary election and no later than 3 p.m. on the 8th day after

14  any general election in which a recount was conducted pursuant

15  to this subsection. If the canvassing board is unable to

16  complete the recount prescribed in this subsection by the

17  deadline, the second set of unofficial returns submitted by

18  the canvassing board shall be identical to the initial

19  unofficial returns and the submission shall also include a

20  detailed explanation of why it was unable to timely complete

21  the recount. However, the canvassing board shall complete the

22  recount prescribed in this subsection, along with any manual

23  recount prescribed in s. 102.166, and certify election returns

24  in accordance with the requirements of this chapter.

25         (d)  The Department of State shall adopt detailed rules

26  prescribing additional recount procedures for each certified

27  voting system, which shall be uniform to the extent

28  practicable.

29         (7)  The canvassing board may employ such clerical help

30  to assist with the work of the board as it deems necessary,

31  with at least one member of the board present at all times,

                                 102

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  until the canvass of the returns is completed. The clerical

 2  help shall be paid from the same fund as inspectors and other

 3  necessary election officials.

 4         (8)(a)  At the same time that the official results of

 5  an election are certified to the Department of State, the

 6  county canvassing board shall file a report with the Division

 7  of Elections on the conduct of the election. The report shall

 8  describe:

 9         1.  All contain information relating to any problems

10  incurred as a result of equipment or software malfunctions

11  either at the precinct level, or at a counting location, or

12  within computer and telecommunications networks supporting a

13  county location, including the steps taken to address the

14  malfunction(s).

15         2.  All election definition errors that were discovered

16  after the logic and accuracy test, including the steps taken

17  to address the error.

18         3.  All ballot printing errors or ballot supply

19  problems, including the steps taken to address the error or

20  problem.

21         4.  All staffing shortages or procedural violations by

22  employees or precinct workers which were required to be

23  addressed by the supervisor of elections or the county

24  canvassing board during the conduct of the election, including

25  corrective actions.

26         5.  All instances where needs for staffing or equipment

27  were insufficient to meet the needs of the voters.

28         6.  Any difficulties or unusual circumstances

29  encountered by an election board or the canvassing board, and

30  any other additional information regarding a material issue or

31  problems associated with the conduct of the election which the

                                 103

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  canvassing board feels should be made a part of the official

 2  election record.

 3         (b)  After the report pursuant to subsection (1) is

 4  filed, if the supervisor discovers new or additional

 5  information on any of the items required to be included in the

 6  report, the supervisor shall notify the division that new

 7  information has been discovered no later than the next

 8  business day after the discovery and file an amended report on

 9  the conduct of the election within 10 days of the discovery.

10         (c)  Such reports shall be maintained on file in the

11  Division of Elections and shall be available for public

12  inspection. The division shall utilize the reports submitted

13  by the canvassing boards to determine what problems may be

14  likely to occur in other elections and disseminate such

15  information, along with possible solutions, to the supervisors

16  of elections.

17         (9)  Within 7 days of the time that the results of an

18  election are certified to the Department of State, the

19  supervisor shall file with the department a copy of or an

20  export file from the results database of the county's voting

21  system and other statistical information as may be required by

22  the department, the Legislature, and the Election Assistance

23  Commission. The department shall adopt rules establishing the

24  required content and acceptable formats for the filings.

25         Section 59.  Section 102.166, Florida Statutes, is

26  amended to read:

27         102.166  Manual recounts.--

28         (1)  If the second set of unofficial returns pursuant

29  to s. 102.141 indicates that a candidate for any office was

30  defeated or eliminated by one-quarter of a percent or less of

31  the votes cast for such office, that a candidate for retention

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  to a judicial office was retained or not retained by

 2  one-quarter of a percent or less of the votes cast on the

 3  question of retention, or that a measure appearing on the

 4  ballot was approved or rejected by one-quarter of a percent or

 5  less of the votes cast on such measure, the board responsible

 6  for certifying the results of the vote on such race or measure

 7  shall order a manual recount of the overvotes and undervotes

 8  cast in the entire geographic jurisdiction of such office or

 9  ballot measure. However, a manual recount shall not be ordered

10  if the number of overvotes, undervotes, and provisional

11  ballots is fewer than the number of votes needed to change the

12  outcome of the election.

13         (2)(a)  If the second set of unofficial returns

14  pursuant to s. 102.141 indicates that a candidate for any

15  office was defeated or eliminated by between one-quarter and

16  one-half of a percent of the votes cast for such office, that

17  a candidate for retention to judicial office was retained or

18  not retained by between one-quarter and one-half of a percent

19  of the votes cast on the question of retention, or that a

20  measure appearing on the ballot was approved or rejected by

21  between one-quarter and one-half of a percent of the votes

22  cast on such measure, any such candidate, the political party

23  of such candidate, or any political committee that supports or

24  opposes such ballot measure is entitled to a manual recount of

25  the overvotes and undervotes cast in the entire geographic

26  jurisdiction of such office or ballot measure, provided that a

27  request for a manual recount is made by 5 p.m. on the third

28  day after the election.

29         (b)  For federal, statewide, state, and multicounty

30  races and ballot issues, requests for a manual recount shall

31  be made in writing to the state Elections Canvassing

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  Commission. For all other races and ballot issues, requests

 2  for a manual recount shall be made in writing to the county

 3  canvassing board.

 4         (c)  Upon receipt of a proper and timely request, the

 5  Elections Canvassing Commission or county canvassing board

 6  shall immediately order a manual recount of overvotes and

 7  undervotes in all affected jurisdictions.

 8         (2)(3)(a)  Any hardware or software used to identify

 9  and sort overvotes and undervotes for a given race or ballot

10  measure must be certified by the Department of State as part

11  of the voting system pursuant to s. 101.015. Any such hardware

12  or software must be capable of simultaneously counting votes.

13  For certified voting systems, the department shall certify

14  such hardware or software by July 1, 2002. If the department

15  is unable to certify such hardware or software for a certified

16  voting system by July 1, 2002, the department shall adopt

17  rules prescribing procedures for identifying and sorting such

18  overvotes and undervotes. The department's rules may provide

19  for the temporary use of hardware or software whose sole

20  function is identifying and sorting overvotes and undervotes.

21         (b)  This subsection does not preclude the department

22  from certifying hardware or software after July 1, 2002.

23         (b)(c)  Overvotes and undervotes shall be identified

24  and sorted while recounting ballots pursuant to s. 102.141, if

25  the hardware or software for this purpose has been certified

26  or the department's rules so provide.

27         (3)(4)  Any manual recount shall be open to the public.

28         (4)(5)(a)  A vote for a candidate or ballot measure

29  shall be counted if there is a clear indication on the ballot

30  that the voter has made a definite choice.

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         (b)  The Department of State shall adopt specific rules

 2  for each certified voting system prescribing what constitutes

 3  a "clear indication on the ballot that the voter has made a

 4  definite choice." The rules may not:

 5         1.  Exclusively provide that the voter must properly

 6  mark or designate his or her choice on the ballot; or

 7         2.  Contain a catch-all provision that fails to

 8  identify specific standards, such as "any other mark or

 9  indication clearly indicating that the voter has made a

10  definite choice."

11         (5)(6)  Procedures for a manual recount are as follows:

12         (a)  The county canvassing board shall appoint as many

13  counting teams of at least two electors as is necessary to

14  manually recount the ballots. A counting team must have, when

15  possible, members of at least two political parties. A

16  candidate involved in the race shall not be a member of the

17  counting team.

18         (b)  Each duplicate ballot prepared pursuant to s.

19  101.5614(5) or s. 102.141(6) shall be compared with the

20  original ballot to ensure the correctness of the duplicate.

21         (c)  If a counting team is unable to determine whether

22  the ballot contains a clear indication that the voter has made

23  a definite choice, the ballot shall be presented to the county

24  canvassing board for a determination.

25         (d)  The Department of State shall adopt detailed rules

26  prescribing additional recount procedures for each certified

27  voting system which shall be uniform to the extent

28  practicable. The rules shall address, at a minimum, the

29  following areas:

30         1.  Security of ballots during the recount process.;

31         2.  Time and place of recounts.;

                                 107

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         3.  Public observance of recounts.;

 2         4.  Objections to ballot determinations.;

 3         5.  Record of recount proceedings.; and

 4         6.  Procedures relating to candidate and petitioner

 5  representatives.

 6         Section 60.  Subsections (2) and (4) of section

 7  102.168, Florida Statutes, are amended to read:

 8         102.168  Contest of election.--

 9         (2)  Such contestant shall file a complaint, together

10  with the fees prescribed in chapter 28, with the clerk of the

11  circuit court within 10 days after midnight of the date the

12  last board responsible for certifying the results officially

13  county canvassing board empowered to canvass the returns

14  certifies the results of the election being contested.

15         (4)  The county canvassing board is an indispensable

16  and or Elections Canvassing Commission shall be the proper

17  party defendant in county and local elections, and the

18  Elections Canvassing Commission is an indispensable and proper

19  party defendant in federal, state, and multicounty races, and

20  the successful candidate is shall be an indispensable party to

21  any action brought to contest the election or nomination of a

22  candidate.

23         Section 61.  Subsections (1) and (4) of section

24  103.021, Florida Statutes, are amended to read:

25         103.021  Nomination for presidential

26  electors.--Candidates for presidential electors shall be

27  nominated in the following manner:

28         (1)  The Governor shall nominate the presidential

29  electors of each political party. The state executive

30  committee of each political party shall by resolution

31  recommend candidates for presidential electors and deliver a

                                 108

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  certified copy thereof to the Governor prior to September 1 of

 2  each presidential election year. The Governor He or she shall

 3  nominate only the electors recommended by the state executive

 4  committee of the respective political party. Each such elector

 5  shall be a qualified elector of the party he or she represents

 6  who has taken an oath that he or she will vote for the

 7  candidates of the party that he or she is nominated to

 8  represent. The Governor shall certify to the Department of

 9  State on or before September 1, in each presidential election

10  year, the names of a number of electors for each political

11  party equal to the number of senators and representatives

12  which this state has in Congress.

13         (4)(a)  A minor political party that is affiliated with

14  a national party holding a national convention to nominate

15  candidates for President and Vice President of the United

16  States may have the names of its candidates for President and

17  Vice President of the United States printed on the general

18  election ballot by filing with the Department of State a

19  certificate naming the candidates for President and Vice

20  President and listing the required number of persons to serve

21  as electors. Notification to the Department of State under

22  this subsection shall be made by September 1 of the year in

23  which the election is held. When the Department of State has

24  been so notified, it shall order the names of the candidates

25  nominated by the minor political party to be included on the

26  ballot and shall permit the required number of persons to be

27  certified as electors in the same manner as other party

28  candidates. For purposes of this section, "national party"

29  shall mean a political party established and admitted to the

30  ballot in at least one state other than this state, and

31  "national convention" shall mean any caucus, convention,

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  meeting, or any other assembly of a political party gathered,

 2  whether or not such meeting is held in person or by telephonic

 3  or electronic means, with the intent of nominating candidates

 4  for President and Vice President of the United States.

 5         (b)  A minor political party that is not affiliated

 6  with a national party holding a national convention to

 7  nominate candidates for President and Vice President of the

 8  United States may have the names of its candidates for

 9  President and Vice President printed on the general election

10  ballot if a petition is signed by 1 percent of the registered

11  electors of this state, as shown by the compilation by the

12  Department of State for the preceding general election. A

13  separate petition from each county for which signatures are

14  solicited shall be submitted to the supervisors of elections

15  of the respective county no later than July 15 of each

16  presidential election year. The supervisor shall check the

17  names and, on or before the date of the first primary, shall

18  certify the number shown as registered electors of the county.

19  The supervisor shall be paid by the person requesting the

20  certification the cost of checking the petitions as prescribed

21  in s. 99.097. The supervisor shall then forward the

22  certificate to the Department of State, which shall determine

23  whether or not the percentage factor required in this section

24  has been met. When the percentage factor required in this

25  section has been met, the Department of State shall order the

26  names of the candidates for whom the petition was circulated

27  to be included on the ballot and shall permit the required

28  number of persons to be certified as electors in the same

29  manner as other party candidates.

30         Section 62.  Section 103.051, Florida Statutes, is

31  amended to read:

                                 110

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         103.051  Congress sets meeting dates of electors.--The

 2  presidential electors shall, at noon on the day which is

 3  directed by Congress and at the time fixed by the Governor,

 4  meet at Tallahassee and perform the duties required of them by

 5  the Constitution and laws of the United States.

 6         Section 63.  Section 103.061, Florida Statutes, is

 7  amended to read:

 8         103.061  Meeting of electors and filling of

 9  vacancies.--Each presidential elector shall, before 10 a.m. on

10  the day fixed by Congress to elect a President and Vice

11  President and at the time fixed by the Governor, give notice

12  to the Governor that the elector is in Tallahassee and ready

13  to perform the duties of presidential elector. The Governor

14  shall forthwith deliver to the presidential electors present a

15  certificate of the names of all the electors; and if, on

16  examination thereof, it should be found that one or more

17  electors are absent, the electors present shall elect by

18  ballot, in the presence of the Governor, a person or persons

19  to fill such vacancy or vacancies as may have occurred through

20  the nonattendance of one or more of the electors.

21         Section 64.  Section 103.121, Florida Statutes, is

22  amended to read:

23         103.121  Powers and duties of executive committees.--

24         (1)(a)  Each state and county executive committee of a

25  political party shall have the power and duty:

26         1.  To adopt a constitution by two-thirds vote of the

27  full committee.

28         2.  To adopt such bylaws as it may deem necessary by

29  majority vote of the full committee.

30         3.  To conduct its meetings according to generally

31  accepted parliamentary practice.

                                 111

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         4.  To make party nomination when required by law.

 2         5.  To conduct campaigns for party nominees.

 3         6.  To raise and expend party funds. Such funds may not

 4  be expended or committed to be expended except after written

 5  authorization by the chair of the state or county executive

 6  committee.

 7         (b)  Except as otherwise provided in subsection (5),

 8  The county executive committee shall receive payment of

 9  assessments upon candidates to be voted for in a single county

10  except state senators and members of the House of

11  Representatives and representatives to the Congress of the

12  United States; and the state executive committees shall

13  receive all other assessments authorized. All party

14  assessments shall be 2 percent of the annual salary of the

15  office sought by the respective candidate. All such committee

16  assessments shall be remitted to the state executive committee

17  of the appropriate party and distributed in accordance with

18  subsection (5)(6).

19         (2)  The state executive committee shall by resolution

20  recommend candidates for presidential electors and deliver a

21  certified copy thereof to the Governor prior to September 1 of

22  each presidential election year.

23         (2)(3)  The chair and treasurer of an executive

24  committee of any political party shall be accountable for the

25  funds of such committee and jointly liable for their proper

26  expenditure for authorized purposes only. The chair and

27  treasurer of the state executive committee of any political

28  party shall furnish adequate bond, but not less than $10,000,

29  conditioned upon the faithful performance by such party

30  officers of their duties and for the faithful accounting for

31  party funds which shall come into their hands; and the chair

                                 112

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  and treasurer of a county executive committee of a political

 2  party shall furnish adequate bond, but not less than $5,000,

 3  conditioned as aforesaid. A bond for the chair and treasurer

 4  of the state executive committee of a political party shall be

 5  filed with the Department of State. A bond for the chair and

 6  treasurer of a county executive committee shall be filed with

 7  the supervisor of elections. The funds of each such state

 8  executive committee shall be publicly audited at the end of

 9  each calendar year and a copy of such audit furnished to the

10  Department of State for its examination prior to April 1 of

11  the ensuing year. When filed with the Department of State,

12  copies of such audit shall be public documents. The treasurer

13  of each county executive committee shall maintain adequate

14  records evidencing receipt and disbursement of all party funds

15  received by him or her, and such records shall be publicly

16  audited at the end of each calendar year and a copy of such

17  audit filed with the supervisor of elections and the state

18  executive committee prior to April 1 of the ensuing year.

19         (3)(4)  Any chair or treasurer of a state or county

20  executive committee of any political party who knowingly

21  misappropriates, or makes an unlawful expenditure of, or a

22  false or improper accounting for, the funds of such committee

23  is guilty of a felony of the third degree, punishable as

24  provided in s. 775.082, s. 775.083, or s. 775.084.

25         (4)(5)(a)  The central committee or other equivalent

26  governing body of each state executive committee shall adopt a

27  rule which governs the time and manner in which the respective

28  county executive committees of such party may endorse,

29  certify, screen, or otherwise recommend one or more candidates

30  for such party's nomination for election. Upon adoption, such

31  rule shall provide the exclusive method by which a county

                                 113

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  committee may so endorse, certify, screen, or otherwise

 2  recommend. No later than the date on which qualifying for

 3  public office begins pursuant to s. 99.061, the chair of each

 4  county executive committee shall notify in writing the

 5  supervisor of elections of his or her county whether the

 6  county executive committee has endorsed or intends to endorse,

 7  certify, screen, or otherwise recommend candidates for

 8  nomination pursuant to party rule. A copy of such notification

 9  shall be provided to the Secretary of State and to the chair

10  of the appropriate state executive committee. Any county

11  executive committee that endorses or intends to endorse,

12  certify, screen, or otherwise recommend one or more candidates

13  for nomination shall forfeit all party assessments which would

14  otherwise be returned to the county executive committee; and

15  such assessments shall be remitted instead to the state

16  executive committee of such party, the provisions of paragraph

17  (1)(b) to the contrary notwithstanding. No such funds so

18  remitted to the state executive committee shall be paid,

19  returned, or otherwise disbursed to the county executive

20  committee under any circumstances. Any county executive

21  committee that is in violation of any party rule after

22  receiving the party assessment shall remit such party

23  assessment to the state executive committee.

24         (b)  Any state executive committee that endorses or

25  intends to endorse, certify, screen, or otherwise recommend

26  one or more candidates for nomination shall forfeit all party

27  assessments which would otherwise be returned to the state

28  executive committee; and such assessments shall be remitted

29  instead to the General Revenue Fund of the state. Any state

30  executive committee that is in violation of this section after

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  receiving the party assessment shall remit such party

 2  assessment to the General Revenue Fund of the state.

 3         (5)(6)  The state chair of each state executive

 4  committee shall return the 2-percent committee assessment for

 5  county candidates to the appropriate county executive

 6  committees only upon receipt of a written statement that such

 7  county executive committee chooses not to endorse, certify,

 8  screen, or otherwise recommend one or more candidates for such

 9  party's nomination for election and upon the state chair's

10  determination that the county executive committee is in

11  compliance with all Florida statutes and all state party

12  rules, bylaws, constitutions, and requirements.

13         Section 65.  Subsection (5) of section 104.051, Florida

14  Statutes, is added to read:

15         104.051  Violations; neglect of duty; corrupt

16  practices.--

17         (5)  Any supervisor or member of a county canvassing

18  board who willfully fails to follow a binding directive issued

19  pursuant to s. 97.012 shall be subject to a civil penalty of

20  $5,000, which fine shall be paid out of the personal funds of

21  the supervisor or member of the county canvassing board. Only

22  the Secretary of State may file a complaint alleging willful

23  failure to follow a binding directive.

24         Section 66.  Subsections (1) and (3) and paragraph (a)

25  of subsection (5) of section 105.031, Florida Statutes, are

26  amended, and subsection (6) is added to that section, to read:

27         105.031  Qualification; filing fee; candidate's oath;

28  items required to be filed.--

29         (1)  TIME OF QUALIFYING.--Except for candidates for

30  judicial office, nonpartisan candidates for multicounty office

31  shall qualify with the Division of Elections of the Department

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  of State and nonpartisan candidates for countywide or less

 2  than countywide office shall qualify with the supervisor of

 3  elections. Candidates for judicial office other than the

 4  office of county court judge shall qualify with the Division

 5  of Elections of the Department of State, and candidates for

 6  the office of county court judge shall qualify with the

 7  supervisor of elections of the county. Candidates for judicial

 8  office shall qualify no earlier than noon of the 120th day,

 9  and no later than noon of the 116th day, before the first

10  primary election. Candidates for the office of school board

11  member shall qualify no earlier than noon of the 50th day, and

12  no later than noon of the 46th day, before the first primary

13  election. Filing shall be on forms provided for that purpose

14  by the Division of Elections and furnished by the appropriate

15  qualifying officer. Any person seeking to qualify by the

16  petition process alternative method, as set forth in s.

17  105.035, who if the person has submitted the necessary

18  petitions by the required deadline and is notified after the

19  fifth day prior to the last day for qualifying that the

20  required number of signatures has been obtained, shall be

21  entitled to subscribe to the candidate's oath and file the

22  qualifying papers at any time within 5 days from the date he

23  or she is notified that the necessary number of signatures has

24  been obtained. Any person other than a write-in candidate who

25  qualifies within the time prescribed in this subsection shall

26  be entitled to have his or her name printed on the ballot.

27         (3)  QUALIFYING FEE.--Each candidate qualifying for

28  election to a judicial office or the office of school board

29  member, except write-in judicial or school board candidates,

30  shall, during the time for qualifying, pay to the officer with

31  whom he or she qualifies a qualifying fee, which shall consist

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  of a filing fee and an election assessment, or qualify by the

 2  petition process alternative method. The amount of the filing

 3  fee is 3 percent of the annual salary of the office sought.

 4  The amount of the election assessment is 1 percent of the

 5  annual salary of the office sought. The Department of State

 6  shall forward all filing fees to the Department of Revenue for

 7  deposit in the Elections Commission Trust Fund. The supervisor

 8  of elections shall forward all filing fees to the Elections

 9  Commission Trust Fund. The election assessment shall be

10  deposited into the Elections Commission Trust Fund. The annual

11  salary of the office for purposes of computing the qualifying

12  fee shall be computed by multiplying 12 times the monthly

13  salary authorized for such office as of July 1 immediately

14  preceding the first day of qualifying. This subsection shall

15  not apply to candidates qualifying for retention to judicial

16  office.

17         (5)  ITEMS REQUIRED TO BE FILED.--

18         (a)  In order for a candidate for judicial office or

19  the office of school board member to be qualified, the

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

21  end of the qualifying period:

22         1.  Except for candidates for retention to judicial

23  office, a properly executed check drawn upon the candidate's

24  campaign account in an amount not less than the fee required

25  by subsection (3) or, in lieu thereof, the copy of the notice

26  of obtaining ballot position pursuant to s. 105.035. If a

27  candidate's check is returned by the bank for any reason, the

28  filing officer shall immediately notify the candidate and the

29  candidate shall, the end of qualifying notwithstanding, have

30  48 hours from the time such notification is received,

31  excluding Saturdays, Sundays, and legal holidays, to pay the

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  fee with a cashier's check purchased from funds of the

 2  campaign account. Failure to pay the fee as provided in this

 3  subparagraph shall disqualify the candidate.

 4         2.  The candidate's oath required by subsection (4),

 5  which must contain the name of the candidate as it is to

 6  appear on the ballot; the office sought, including the

 7  district or group number if applicable; and the signature of

 8  the candidate, duly acknowledged.

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

10  the candidate and duly acknowledged.

11         4.  The completed form for the appointment of campaign

12  treasurer and designation of campaign depository, as required

13  by s. 106.021. In addition, each candidate for judicial

14  office, including an incumbent judge, shall file a statement

15  with the qualifying officer, within 10 days after filing the

16  appointment of campaign treasurer and designation of campaign

17  depository, stating that the candidate has read and

18  understands the requirements of the Florida Code of Judicial

19  Conduct. Such statement shall be in substantially the

20  following form:

21  

22            Statement of Candidate for Judicial Office

23  

24  I,           (name of candidate)  , a judicial candidate, have

25  received, read, and

26  understand the requirements of the Florida Code of Judicial

27  Conduct.

28                                      (Signature of candidate)  

29                                                        (Date)  

30  

31  

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    24-1316-05                                              See HB




 1         5.  The full and public disclosure of financial

 2  interests required by s. 8, Art. II of the State Constitution

 3  or the statement of financial interests required by s.

 4  112.3145, whichever is applicable. A public officer who has

 5  filed the full and public disclosure or statement of financial

 6  interests with the Commission on Ethics or the supervisor of

 7  elections prior to qualifying for office, may file a copy of

 8  that disclosure at the time of qualifying.

 9         (6)  Notwithstanding the qualifying period prescribed

10  in this section, a filing officer may accept and hold

11  qualifying papers submitted not earlier than 14 days prior to

12  the beginning of the qualifying period to be processed and

13  filed during the qualifying period.

14         Section 67.  Section 105.035, Florida Statutes, is

15  amended to read:

16         105.035  Petition process for Alternative method of

17  qualifying for certain judicial offices and the office of

18  school board member.--

19         (1)  A person seeking to qualify for election to the

20  office of circuit judge or county court judge or the office of

21  school board member may qualify for election to such office by

22  means of the petitioning process prescribed in this section. A

23  person qualifying by this petition process alternative method

24  shall not be required to pay the qualifying fee required by

25  this chapter. A person using this petitioning process shall

26  file an oath with the officer before whom the candidate would

27  qualify for the office stating that he or she intends to

28  qualify by this alternative method for the office sought. Such

29  oath shall be filed at any time after the first Tuesday after

30  the first Monday in January of the year in which the election

31  is held, but prior to the 21st day preceding the first day of

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  the qualifying period for the office sought. The form of such

 2  oath shall be prescribed by the Division of Elections. No

 3  signatures shall be obtained until the person has filed the

 4  oath prescribed in this subsection.

 5         (2)  Upon receipt of a written oath from a candidate,

 6  The qualifying officer shall provide the candidate with a

 7  petition format shall be prescribed by the Division of

 8  Elections and shall to be used by the candidate to reproduce

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

10  office which will be grouped on the ballot with two or more

11  similar offices to be filled at the same election, the

12  candidate's petition must indicate, prior to the obtaining of

13  registered electors' signatures, for which group or district

14  office the candidate is running.

15         (3)  Each candidate for election to a judicial office

16  or the office of school board member shall obtain the

17  signature of a number of qualified electors equal to at least

18  1 percent of the total number of registered electors of the

19  district, circuit, county, or other geographic entity

20  represented by the office sought as shown by the compilation

21  by the Department of State for the last preceding general

22  election. A separate petition shall be circulated for each

23  candidate availing himself or herself of the provisions of

24  this section. Signatures may not be obtained until the

25  candidate has filed the appointment of campaign treasurer and

26  designation of campaign depository pursuant to s. 106.021.

27         (4)(a)  Each candidate seeking to qualify for election

28  to the office of circuit judge or the office of school board

29  member from a multicounty school district pursuant to this

30  section shall file a separate petition from each county from

31  which signatures are sought. Each petition shall be submitted,

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  prior to noon of the 28th 21st day preceding the first day of

 2  the qualifying period for the office sought, to the supervisor

 3  of elections of the county for which such petition was

 4  circulated. Each supervisor of elections to whom a petition is

 5  submitted shall check the signatures on the petition to verify

 6  their status as electors of that county and of the geographic

 7  area represented by the office sought. No later than the 7th

 8  day before Prior to the first date for qualifying, the

 9  supervisor shall certify the number shown as registered

10  electors and submit such certification to the Division of

11  Elections. The division shall determine whether the required

12  number of signatures has been obtained for the name of the

13  candidate to be placed on the ballot and shall notify the

14  candidate. If the required number of signatures has been

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

16  qualifying for office, submit a copy of such notice and file

17  his or her qualifying papers and oath prescribed in s. 105.031

18  with the Division of Elections. Upon receipt of the copy of

19  such notice and qualifying papers, the division shall certify

20  the name of the candidate to the appropriate supervisor or

21  supervisors of elections as having qualified for the office

22  sought.

23         (b)  Each candidate seeking to qualify for election to

24  the office of county court judge or the office of school board

25  member from a single county school district pursuant to this

26  section shall submit his or her petition, prior to noon of the

27  28th 21st day preceding the first day of the qualifying period

28  for the office sought, to the supervisor of elections of the

29  county for which such petition was circulated. The supervisor

30  shall check the signatures on the petition to verify their

31  status as electors of the county and of the geographic area

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




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

 2  before Prior to the first date for qualifying, the supervisor

 3  shall determine whether the required number of signatures has

 4  been obtained for the name of the candidate to be placed on

 5  the ballot and shall notify the candidate. If the required

 6  number of signatures has been obtained, the candidate shall,

 7  during the time prescribed for qualifying for office, submit a

 8  copy of such notice and file his or her qualifying papers and

 9  oath prescribed in s. 105.031 with the qualifying officer.

10  Upon receipt of the copy of such notice and qualifying papers,

11  such candidate shall be entitled to have his or her name

12  printed on the ballot.

13         Section 68.  Subsections (10), (11), and (12) of

14  section 106.22, Florida Statutes, are amended to read:

15         106.22  Duties of the Division of Elections.--It is the

16  duty of the Division of Elections to:

17         (11)  Conduct preliminary investigations into any

18  irregularities or fraud involving voter registration or voting

19  and report its findings to the state attorney for the judicial

20  circuit in which the alleged violation occurred for

21  prosecution, where warranted. The Department of State may

22  prescribe by rule requirements for filing a complaint of voter

23  fraud and for investigating any such complaint.

24         (11)(12)  Conduct random audits with respect to reports

25  and statements filed under this chapter and with respect to

26  alleged failure to file any reports and statements required

27  under this chapter.

28         Section 69.  Subsection (6) of section 106.24, Florida

29  Statutes, is amended to read:

30         106.24  Florida Elections Commission; membership;

31  powers; duties.--

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         (6)  There is hereby established in the State Treasury

 2  an Elections Commission Trust Fund to be utilized by the

 3  Division of Elections and the Florida Elections Commission in

 4  order to carry out their duties pursuant to ss. 106.24-106.28.

 5  The trust fund may also be used by the Secretary of State

 6  division, pursuant to his or her its authority under s.

 7  97.012(14) 106.22(11), to provide rewards for information

 8  leading to criminal convictions related to voter registration

 9  fraud, voter fraud, and vote scams.

10         Section 70.  Paragraph (a) of subsection (1) of section

11  16.56, Florida Statutes, is amended to read:

12         16.56  Office of Statewide Prosecution.--

13         (1)  There is created in the Department of Legal

14  Affairs an Office of Statewide Prosecution. The office shall

15  be a separate "budget entity" as that term is defined in

16  chapter 216. The office may:

17         (a)  Investigate and prosecute the offenses of:

18         1.  Bribery, burglary, criminal usury, extortion,

19  gambling, kidnapping, larceny, murder, prostitution, perjury,

20  robbery, carjacking, and home-invasion robbery;

21         2.  Any crime involving narcotic or other dangerous

22  drugs;

23         3.  Any violation of the provisions of the Florida RICO

24  (Racketeer Influenced and Corrupt Organization) Act, including

25  any offense listed in the definition of racketeering activity

26  in s. 895.02(1)(a), providing such listed offense is

27  investigated in connection with a violation of s. 895.03 and

28  is charged in a separate count of an information or indictment

29  containing a count charging a violation of s. 895.03, the

30  prosecution of which listed offense may continue independently

31  

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  if the prosecution of the violation of s. 895.03 is terminated

 2  for any reason;

 3         4.  Any violation of the provisions of the Florida

 4  Anti-Fencing Act;

 5         5.  Any violation of the provisions of the Florida

 6  Antitrust Act of 1980, as amended;

 7         6.  Any crime involving, or resulting in, fraud or

 8  deceit upon any person;

 9         7.  Any violation of s. 847.0135, relating to computer

10  pornography and child exploitation prevention, or any offense

11  related to a violation of s. 847.0135;

12         8.  Any violation of the provisions of chapter 815;

13         9.  Any criminal violation of part I of chapter 499;

14         10.  Any violation of the provisions of the Florida

15  Motor Fuel Tax Relief Act of 2004; or

16         11.  Any criminal violation of s. 409.920 or s.

17  409.9201; or

18         12.  Any crime involving voter registration, voting, or

19  candidate or issue petition activities.

20  

21  or any attempt, solicitation, or conspiracy to commit any of

22  the crimes specifically enumerated above. The office shall

23  have such power only when any such offense is occurring, or

24  has occurred, in two or more judicial circuits as part of a

25  related transaction, or when any such offense is connected

26  with an organized criminal conspiracy affecting two or more

27  judicial circuits.

28         Section 71.  Subsection (5) of section 119.07, Florida

29  Statutes, is amended to read:

30         119.07  Inspection and copying of records;

31  photographing public records; fees; exemptions.--

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1         (5)  When ballots are produced under this section for

 2  inspection or examination, no persons other than the

 3  supervisor of elections or the supervisor's employees shall

 4  touch the ballots. If the ballots are being examined prior to

 5  the end of the contest period in s. 102.168, the supervisor of

 6  elections shall make a reasonable effort to notify all

 7  candidates by telephone or otherwise of the time and place of

 8  the inspection or examination. All such candidates, or their

 9  representatives, shall be allowed to be present during the

10  inspection or examination.

11         Section 72.  Paragraph (d) is added to subsection (15)

12  of section 120.52, Florida Statutes, to read:

13         120.52  Definitions.--As used in this act:

14         (15)  "Rule" means each agency statement of general

15  applicability that implements, interprets, or prescribes law

16  or policy or describes the procedure or practice requirements

17  of an agency and includes any form which imposes any

18  requirement or solicits any information not specifically

19  required by statute or by an existing rule. The term also

20  includes the amendment or repeal of a rule. The term does not

21  include:

22         (d)  Advisory opinions issued by the Division of

23  Elections pursuant to s. 106.23(2) and directives issued by

24  the Secretary of State pursuant to s. 97.012(1).

25         Section 73.  Paragraph (a) of subsection (3) of section

26  145.09, Florida Statutes, is amended to read:

27         145.09  Supervisor of elections.--

28         (3)(a)  There shall be an additional $2,000 per year

29  special qualification salary for each supervisor of elections

30  who has met the certification requirements established by the

31  Division of Elections of the Department of State. The

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    Florida Senate - 2005                                  SB 2650
    24-1316-05                                              See HB




 1  Department of State shall adopt rules to establish the

 2  certification requirements. Any supervisor who is certified

 3  during a calendar year shall receive in that year a pro rata

 4  share of the special qualification salary based on the

 5  remaining period of the year.

 6         Section 74.  Sections 98.095, 98.0979, 98.181, 98.481,

 7  101.253, 101.635, 102.061, 106.085, and 106.144, Florida

 8  Statutes, are repealed.

 9         Section 75.  This act shall take effect January 1,

10  2006.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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