1 | A bill to be entitled |
2 | An act relating to petition procedures and standards; |
3 | amending s. 99.097; revising terminology relating to |
4 | verification of signatures on petitions; requiring name- |
5 | by-name, signature-by-signature verification of initiative |
6 | petitions and related petition revocations; providing |
7 | requirements for initiative sponsors filing a certificate |
8 | of undue burden; amending s. 100.371, F.S.; revising |
9 | procedures for placing an initiative on the ballot; |
10 | providing requirements for information to be contained in |
11 | petition forms; providing procedure for revocation of a |
12 | petition signature; providing regulation of initiative |
13 | petition circulators; providing private property rights |
14 | relating to activity on the property that supports or |
15 | opposes ballot initiatives; providing for verification of |
16 | signatures gathered before the effective date of the |
17 | changes made by this act to ss. 99.097 and 100.371, F.S.; |
18 | providing for severability; providing an effective date. |
19 |
|
20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
|
22 | Section 1. Effective August 1, 2007, subsections (1), (3), |
23 | and (4) of section 99.097, Florida Statutes, are amended to |
24 | read: |
25 | 99.097 Verification of signatures on petitions.-- |
26 | (1) As determined by each supervisor, based upon local |
27 | conditions, the verifying checking of signatures names on |
28 | petitions may be based on the most inexpensive and |
29 | administratively feasible of either of the following methods of |
30 | verification: |
31 | (a) A name-by-name, signature-by-signature check of the |
32 | number of valid authorized signatures on the petitions; or |
33 | (b) A check of a random sample, as provided by the |
34 | Department of State, of names and signatures on the petitions. |
35 | The sample must be such that a determination can be made as to |
36 | whether or not the required number of valid signatures has have |
37 | been obtained with a reliability of at least 99.5 percent. Rules |
38 | and guidelines for this method of petition verification shall be |
39 | promulgated by the Department of State, which may include a |
40 | requirement that petitions bear an additional number of names |
41 | and signatures, not to exceed 15 percent of the names and valid |
42 | signatures otherwise required. If the petitions do not meet such |
43 | criteria, then the use of the verification method described in |
44 | this paragraph shall not be available to supervisors. |
45 |
|
46 | Notwithstanding subsection (2) or any other provision of law, |
47 | petitions to secure ballot placement for an initiative and |
48 | petition revocations directed thereto pursuant to s. 100.371 |
49 | must be verified by the method provided in paragraph (a). |
50 | (3)(a) A signature name on a petition of a, which name |
51 | that is not in substantially the same form as a name on the |
52 | voter registration books, shall be counted as a valid signature |
53 | if, after comparing the signature on the petition with the |
54 | signature of the alleged signer as shown on the registration |
55 | books, the supervisor determines that the person signing the |
56 | petition and the person who registered to vote are one and the |
57 | same. In any situation in which this code requires the form of |
58 | the petition to be prescribed by the division, no signature |
59 | shall be counted toward the number of signatures required unless |
60 | it is on a petition form prescribed by the division. |
61 | (b) If a voter signs a petition and lists an address other |
62 | than the legal residence where the voter is registered, the |
63 | supervisor shall treat the signature as if the voter had listed |
64 | the address where the voter is registered. |
65 | (4)(a) The supervisor shall be paid in advance the sum of |
66 | 10 cents for each signature verified checked or the actual cost |
67 | of verifying checking such signature, whichever is less, by the |
68 | candidate or, in the case of a petition to have an issue placed |
69 | on the ballot by initiative, by the initiative sponsor person or |
70 | organization submitting the petition. However, if a candidate or |
71 | initiative sponsor, person, or organization seeking to have an |
72 | issue placed upon the ballot cannot pay such charges without |
73 | imposing an undue burden on personal resources or upon the |
74 | resources otherwise available to such candidate or initiative |
75 | sponsor, person, or organization, such candidate or initiative |
76 | sponsor, person, or organization shall, upon written |
77 | certification of such inability given under oath to the |
78 | supervisor, be entitled to have the signatures verified at no |
79 | charge. In the event a candidate or initiative sponsor, person, |
80 | or organization submitting a petition to have an issue placed |
81 | upon the ballot is entitled to have the signatures verified at |
82 | no charge, the supervisor of elections of each county in which |
83 | the signatures are verified at no charge shall submit the total |
84 | number of such signatures checked in the county to the Chief |
85 | Financial Officer no later than December 1 of the general |
86 | election year, and the Chief Financial Officer shall cause such |
87 | supervisor of elections to be reimbursed from the General |
88 | Revenue Fund in an amount equal to 10 cents for each signature |
89 | verified name checked or the actual cost of verifying checking |
90 | such signatures, whichever is less. In no event shall such |
91 | reimbursement of costs be deemed or applied as extra |
92 | compensation for the supervisor. Petitions shall be retained by |
93 | the supervisors for a period of 1 year following the election |
94 | for which the petitions were circulated. |
95 | (b) An initiative sponsor that has filed a certification |
96 | of undue burden under paragraph (a) may not provide compensation |
97 | to any paid petition circulator, as defined in s. 100.371, |
98 | unless the initiative sponsor first pays all supervisors for |
99 | each signature verified or reimburses the General Revenue Fund |
100 | for such costs. If an initiative sponsor subject to this |
101 | paragraph provides compensation to a paid petition circulator |
102 | before the date the initiative sponsor pays all supervisors for |
103 | each signature verified or reimburses the General Revenue Fund |
104 | for such costs, no signature on a petition circulated by the |
105 | paid petition circulator before that date may be counted toward |
106 | the number of valid signatures required for ballot placement |
107 | until the initiative sponsor pays all supervisors for each |
108 | signature verified or reimburses the General Revenue Fund for |
109 | such costs. |
110 | Section 2. Effective August 1, 2007, subsections (1) and |
111 | (3) of section 100.371, Florida Statutes, are amended, |
112 | subsection (6) is renumbered as subsection (10) and amended, and |
113 | new subsections (6) through (9) are added to that section, to |
114 | read: |
115 | 100.371 Initiatives; procedure for placement on ballot; |
116 | private property rights.-- |
117 | (1) Constitutional amendments proposed by initiative shall |
118 | be placed on the ballot for the general election, provided the |
119 | initiative petition has been filed with the Secretary of State |
120 | no later than February 1 of the year the general election is |
121 | held. A petition shall be deemed to be filed with the Secretary |
122 | of State upon the date the secretary determines that valid and |
123 | verified the petition forms have has been signed by the |
124 | constitutionally required number and distribution of electors |
125 | pursuant to this code, subject to the right of revocation |
126 | established in this section. |
127 | (3)(a) Each signature shall be dated when made and shall |
128 | be valid for a period of 4 years after following such date, |
129 | provided all other requirements of law are met. The sponsor |
130 | shall submit signed and dated forms to the appropriate |
131 | supervisor of elections for verification as to the number of |
132 | registered electors whose valid signatures appear thereon. The |
133 | supervisor shall promptly verify the signatures within 30 days |
134 | after receipt of the petition forms and upon payment of the fee |
135 | required by s. 99.097. The supervisor shall promptly record each |
136 | valid signature in the statewide voter registration system, in |
137 | the manner prescribed by the Secretary of State, the date each |
138 | form is received by the supervisor and the date the signature on |
139 | the form is verified as valid. The supervisor shall verify that |
140 | the signature on a form is valid only if the form complies with |
141 | the following: |
142 | 1. The form shall contain the original signature of the |
143 | purported elector. |
144 | 2. The purported elector shall accurately record on the |
145 | form the date on which he or she signed the form. |
146 | 3. The date the purported elector signed the form, as |
147 | recorded by the purported elector, shall be no more than 30 days |
148 | before the date the form is received by the supervisor of |
149 | elections. |
150 | 4. The form shall accurately set forth the purported |
151 | elector's name, legal residence address, county, and voter |
152 | registration number or date of birth. |
153 | 5. The purported elector shall be, at the time he or she |
154 | signs the form, a duly qualified and registered elector |
155 | authorized to vote in the county in which his or her signature |
156 | is submitted. |
157 | (b) The supervisor shall retain the signature forms for at |
158 | least 1 year after following the election in which the issue |
159 | appeared on the ballot or until the Division of Elections |
160 | notifies the supervisors of elections that the committee which |
161 | circulated the petition is no longer seeking to obtain ballot |
162 | position. |
163 | (6)(a) An elector's signature on a petition form may be |
164 | revoked by submitting to the appropriate supervisor of elections |
165 | a signed petition-revocation form adopted by rule for this |
166 | purpose by the division. |
167 | (b) The petition-revocation form and the manner in which |
168 | signatures are obtained, submitted, and verified shall be |
169 | subject to the same relevant requirements and timeframes as the |
170 | corresponding petition form and processes under this code and |
171 | shall be approved by the Secretary of State before any signature |
172 | on a petition-revocation form is obtained. |
173 | (c) Supervisors of elections shall provide petition- |
174 | revocation forms to the public at all main and branch offices. |
175 | (d) The petition-revocation form shall be filed with the |
176 | supervisor of elections by February 1 preceding the next general |
177 | election or, if the initiative amendment is not certified for |
178 | ballot position in that election, by February 1 preceding the |
179 | next successive general election. The supervisor of elections |
180 | shall promptly verify the signature on the petition-revocation |
181 | form and process such revocation upon payment, in advance, of a |
182 | fee of 10 cents or the actual cost of verifying such signature, |
183 | whichever is less. The supervisor shall promptly record each |
184 | valid and verified petition-revocation form in the statewide |
185 | voter registration system in the manner prescribed by the |
186 | Secretary of State. |
187 | (7)(a) If a person is presented with a petition form or |
188 | petition-revocation form for his or her possible signature by a |
189 | petition circulator, the person shall record this fact on the |
190 | form and the name and address of the petition circulator shall |
191 | legibly appear on the form before the signature on the form may |
192 | be verified by the supervisor. For purposes of this subsection, |
193 | the term "petition circulator" means any person who, in the |
194 | context of a direct face-to-face conversation, presents to |
195 | another person for his or her possible signature a petition form |
196 | or petition-revocation form regarding ballot placement for an |
197 | initiative. |
198 | (b) A paid petition circulator shall, when engaged in the |
199 | activities of a petition circulator described in paragraph (a), |
200 | wear a prominent badge, in a form and manner prescribed by rule |
201 | by the division, identifying him or her as a paid petition |
202 | circulator. For purposes of this subsection, the term "paid |
203 | petition circulator" means a petition circulator who receives |
204 | any compensation as a direct or indirect consequence of the |
205 | activities of a petition circulator described in paragraph (a). |
206 | (c) No petition circulator may receive, and no person may |
207 | provide to a petition circulator, compensation that is based, |
208 | directly or indirectly, upon the number of signatures obtained |
209 | on petition or petition-revocation forms. |
210 | (8) A signed petition form or petition-revocation form |
211 | regarding ballot placement for an initiative that does not fully |
212 | comply with the applicable provisions of this code or the rules |
213 | adopted under this code, or that was obtained in violation of |
214 | the applicable provisions of this code or the rules adopted |
215 | under this code, may be verified by the supervisor of elections |
216 | and counted toward the number of valid signatures required for |
217 | ballot placement only if those deficiencies or violations are |
218 | corrected prior to the date specified in subsection (1). |
219 | (9) No provision of this code shall be deemed to prohibit |
220 | a private person exercising lawful control over privately owned |
221 | property, including property held open to the public for the |
222 | purposes of a commercial enterprise, from excluding from such |
223 | property persons seeking to engage in activity supporting or |
224 | opposing initiative amendments. |
225 | (10)(6) The Department of State may adopt rules in |
226 | accordance with s. 120.54 to carry out the provisions of |
227 | subsections (1)-(9) (1)-(5). |
228 | Section 3. Any signature gathered on a previously approved |
229 | initiative petition form that has been submitted for |
230 | verification before August 1, 2007, may be verified and counted, |
231 | if otherwise valid. However, any initiative petition form that |
232 | is submitted for verification on or after that date may be |
233 | verified and counted only if it complies with this act and has |
234 | been approved by the Secretary of State before obtaining elector |
235 | signatures. |
236 | Section 4. If any provision of this act or its application |
237 | to any person or circumstance is held invalid, the invalidity |
238 | does not affect other provisions or applications of the act that |
239 | can be given effect without the invalid provision or |
240 | application, and to this end the provisions of this act are |
241 | severable. |
242 | Section 5. Except as otherwise expressly provided in this |
243 | act, this act shall take effect upon becoming a law. |