Senate Bill sb0496
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Florida Senate - 2005 SB 496
By Senator Hill
1-258A-05
1 A bill to be entitled
2 An act relating to voter intimidation; creating
3 s. 104.0615, F.S.; providing a short title;
4 prohibiting a person from using or threatening
5 to use force, violence, or intimidation to
6 induce or compel an individual to vote or
7 refrain from voting, to refrain from
8 registering to vote, or to refrain from acting
9 as an election official or poll watcher;
10 prohibiting a person from knowingly using false
11 information to challenge an individual's right
12 to vote, to induce an individual to refrain
13 from registering to vote, or to induce or
14 attempt to induce an individual to refrain from
15 acting as an election official or poll watcher;
16 prohibiting a person from knowingly destroying,
17 mutilating, or defacing a voter registration
18 form or election ballot or obstructing or
19 delaying the delivery of a voter registration
20 form or election ballot; providing criminal
21 penalties; providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Section 104.0615, Florida Statutes, is
26 created to read:
27 104.0615 Voter intimidation or suppression prohibited;
28 criminal penalties.--
29 (1) This section shall be cited as the "Voter
30 Protection Act."
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Florida Senate - 2005 SB 496
1-258A-05
1 (2) A person may not directly or indirectly use or
2 threaten to use force, violence, or intimidation or any tactic
3 of coercion or intimidation to induce or compel an individual
4 to:
5 (a) Vote or refrain from voting;
6 (b) Vote or refrain from voting for any particular
7 individual or ballot measure;
8 (c) Refrain from registering to vote; or
9 (d) Refrain from acting as a legally authorized
10 election official or poll watcher.
11 (3) A person may not knowingly use false information
12 to:
13 (a) Challenge an individual's right to vote;
14 (b) Induce or attempt to induce an individual to
15 refrain from voting or registering to vote; or
16 (c) Induce or attempt to induce an individual to
17 refrain from acting as a legally authorized election official
18 or poll watcher.
19 (4) A person may not knowingly destroy, mutilate, or
20 deface a voter registration form or election ballot or
21 obstruct or delay the delivery of a voter registration form or
22 election ballot.
23 (5) A person who violates subsection (2) commits a
24 felony of the second degree, punishable as provided in s.
25 775.082, s. 775.083, or s. 775.084. A person who violates
26 subsection (3) or subsection (4) commits a felony of the third
27 degree, punishable as provided in s. 775.082, s. 775.083, or
28 s. 775.084.
29 Section 2. This act shall take effect July 1, 2005.
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Florida Senate - 2005 SB 496
1-258A-05
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2 SENATE SUMMARY
3 Prohibits the use of force, violence, or intimidation to
induce or compel an individual to vote or refrain from
4 voting, refrain from registering to vote, or refrain from
acting as an election official or poll watcher. Prohibits
5 the use of false information to challenge an individual's
right to vote, prevent an individual from registering to
6 vote, or prevent an individual from acting as an election
official or poll watcher. Prohibits a person from
7 knowingly destroying, mutilating, or defacing a voter
registration form or election ballot or obstructing or
8 delaying the delivery of a voter registration form or
election ballot. Provides criminal penalties.
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