Senate Bill sb0466

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    Florida Senate - 2007                                   SB 466

    By Senator Siplin





    19-298-07

  1                      A bill to be entitled

  2         An act relating to elections; providing a short

  3         title; amending s. 97.041, F.S.; providing for

  4         automatic restoration of former felons' right

  5         to vote following completion and satisfaction

  6         of sentence of incarceration and community

  7         supervision; providing conditions for such

  8         automatic restoration; amending ss. 97.052 and

  9         97.053, F.S., to conform; providing a

10         conditional effective date.

11  

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

13  

14         Section 1.  This act may be cited as the "Citizens'

15  Empowerment Act."

16         Section 2.  Paragraph (b) of subsection (2) of section

17  97.041, Florida Statutes, is amended to read:

18         97.041  Qualifications to register or vote.--

19         (2)  The following persons, who might be otherwise

20  qualified, are not entitled to register or vote:

21         (b)  A person who has been convicted of any felony by

22  any court of record; however, such a person's right to

23  register or vote is automatically restored by operation of law

24  1 year after completion and satisfaction of all sentences

25  imposed upon such person and who has not had his or her right

26  to vote restored pursuant to law. For the purposes of this

27  paragraph, "completion and satisfaction of all sentences"

28  occurs when a person is released from incarceration upon

29  expiration of sentence and has achieved or completed all other

30  nonmonetary terms and conditions of the sentence or subsequent

31  supervision or, if the person has not been incarcerated for

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    Florida Senate - 2007                                   SB 466
    19-298-07




 1  the felony offense, has achieved or completed all nonmonetary

 2  terms and conditions of community supervision imposed by a

 3  court. If a majority of the Board of Executive Clemency

 4  objects before the automatic restoration of the right to

 5  register or vote, such rights shall be restored only upon

 6  application to, and approval by, the Board of Executive

 7  Clemency.

 8         Section 3.  Subsection (2) of section 97.052, Florida

 9  Statutes, is amended to read:

10         97.052  Uniform statewide voter registration

11  application.--

12         (2)  The uniform statewide voter registration

13  application must be designed to elicit the following

14  information from the applicant:

15         (a)  Last, first, and middle name, including any

16  suffix.

17         (b)  Date of birth.

18         (c)  Address of legal residence.

19         (d)  Mailing address, if different.

20         (e)  County of legal residence.

21         (f)  Race or ethnicity that best describes the

22  applicant:

23         1.  American Indian or Alaskan Native.

24         2.  Asian or Pacific Islander.

25         3.  Black, not Hispanic.

26         4.  White, not Hispanic.

27         5.  Hispanic.

28         (g)  State or country of birth.

29         (h)  Sex.

30         (i)  Party affiliation.

31         (j)  Whether the applicant needs assistance in voting.

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    Florida Senate - 2007                                   SB 466
    19-298-07




 1         (k)  Name and address where last registered.

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

 3  security number.

 4         (m)  Florida driver's license number or the

 5  identification number from a Florida identification card

 6  issued under s. 322.051.

 7         (n)  An indication, if applicable, that the applicant

 8  has not been issued a Florida driver's license, a Florida

 9  identification card, or a social security number.

10         (o)  Telephone number (optional).

11         (p)  Signature of applicant under penalty for false

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

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

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

15  information contained in the registration application is true.

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

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

18  request a replacement voter information card.

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

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

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

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

23  of the United States.

24         (s)  Whether the applicant has been convicted of a

25  felony, and, if convicted, has had his or her voting civil

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

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

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

29  check to affirm the statement.

30         (t)  Whether the applicant has been adjudicated

31  mentally incapacitated with respect to voting or, if so

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    Florida Senate - 2007                                   SB 466
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 1  adjudicated, has had his or her right to vote restored by

 2  including the statement "I affirm I have not been adjudicated

 3  mentally incapacitated with respect to voting, or, if I have,

 4  my competency has been restored." and providing a box for the

 5  applicant to check to affirm the statement.

 6  

 7  The registration application must be in plain language and

 8  designed so that convicted felons whose voting civil rights

 9  have been restored and persons who have been adjudicated

10  mentally incapacitated and have had their voting rights

11  restored are not required to reveal their prior conviction or

12  adjudication.

13         Section 4.  Paragraph (a) of subsection (5) of section

14  97.053, Florida Statutes, is amended to read:

15         97.053  Acceptance of voter registration

16  applications.--

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

18  it contains the following information necessary to establish

19  the applicant's eligibility pursuant to s. 97.041, including:

20         1.  The applicant's name.

21         2.  The applicant's legal residence address.

22         3.  The applicant's date of birth.

23         4.  A mark in the checkbox affirming that the applicant

24  is a citizen of the United States.

25         5.a.  The applicant's current and valid Florida

26  driver's license number or the identification number from a

27  Florida identification card issued under s. 322.051, or

28         b.  If the applicant has not been issued a current and

29  valid Florida driver's license or a Florida identification

30  card, the last four digits of the applicant's social security

31  number.

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    Florida Senate - 2007                                   SB 466
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 1  

 2  In case an applicant has not been issued a current and valid

 3  Florida driver's license, Florida identification card, or

 4  social security number, the applicant shall affirm this fact

 5  in the manner prescribed in the uniform statewide voter

 6  registration application.

 7         6.  A mark in the checkbox affirming that the applicant

 8  has not been convicted of a felony or that, if convicted, has

 9  had his or her voting civil rights restored.

10         7.  A mark in the checkbox affirming that the applicant

11  has not been adjudicated mentally incapacitated with respect

12  to voting or that, if so adjudicated, has had his or her right

13  to vote restored.

14         8.  The original signature or a digital signature

15  transmitted by the Department of Highway Safety and Motor

16  Vehicles of the applicant swearing or affirming under the

17  penalty for false swearing pursuant to s. 104.011 that the

18  information contained in the registration application is true

19  and subscribing to the oath required by s. 3, Art. VI of the

20  State Constitution and s. 97.051.

21         Section 5.  This act shall take effect on the effective

22  date of Senate Joint Resolution ___ or another amendment to

23  the State Constitution which authorizes, or removes

24  impediments to, enactment of this act by the Legislature.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Creates the "Citizens' Empowerment Act." Provides that a
      convicted felon who is incarcerated or is on probation,
29    parole, or community control may not vote. Provides for
      restoration of that right 1 year after completion of the
30    sentence, unless automatic restoration is objected to by
      a majority of the Board of Executive Clemency.
31  

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