1

Senator Justice moved the following amendment:

2

3

     Senate Amendment (with title amendment)

4

     Delete lines 1098-1146

5

and insert:

6

     (1)  When the right to vote of any person who desires to

7

vote is challenged by any elector or poll watcher, the challenge

8

shall be reduced to writing with an oath as provided in this

9

section, giving reasons for the challenge, which shall be

10

delivered to the clerk or inspector. Any elector or poll watcher

11

challenging the right of a person to vote shall execute the oath

12

set forth below:

13

14

OATH OF PERSON ENTERING CHALLENGE

15

16

State of Florida

17

County of _____

18

19

I do solemnly swear that my name is _____; that I am a member of

20

the _____ Party; that I am a registered voter or pollwatcher;

21

that my residence address is _____, in the municipality of _____;

22

and that I have reason to believe that _____ is attempting to

23

vote illegally and the reasons for my belief are set forth herein

24

to wit:  

25

  (Signature of person challenging voter)  

26

27

Sworn and subscribed to before me this _____ day of _____,  

28

(year)  .

29

  (Clerk of election)

30

     (2) A voter's right to register or vote may not be

31

challenged on the basis of the following documents:

32

     (a) A "voter caging document," which is defined as a

33

nonforwardable document, sent by a person other than a state or

34

local election official, and which is returned to the sender or a

35

third party as undelivered or undeliverable despite an attempt to

36

deliver such document to the address of a registered voter or

37

applicant for registration;

38

     (b) A list of individuals compiled from voter caging

39

documents; or

40

     (c) A list produced by matching the information of

41

registered voters or applicants for voter registration to a list

42

of individuals who are ineligible to vote by virtue of death,

43

conviction, change of address, or otherwise, unless one of the

44

pieces of information matched includes a signature, photograph,

45

or unique identifying number ensuring that the information from

46

each source refers to the same individual.

47

     (3) A person other than a state or local election official

48

may not submit a formal challenge to an individual's eligibility

49

to register to vote or to vote in any election if the basis for

50

such challenge is evidence consisting of an error or omission on

51

any record or paper relating to any application, registration, or

52

other act requisite to voting, if such error or omission is not

53

material to an individual's eligibility to vote as provided by

54

law.

55

     (4)(2) The clerk or inspector shall immediately deliver to

56

the challenged person a copy of the oath of the person entering

57

the challenge, and the challenged voter shall be allowed to cast

58

a provisional ballot.

59

     (5)(3) Any elector or poll watcher may challenge the right

60

of any voter to vote not sooner than 30 days before an election

61

by filing a completed copy of the oath contained in subsection

62

(1) to the supervisor of election's office. The challenged voter

63

shall be permitted to cast a provisional ballot.

64

     (6)(4) Any elector or poll watcher filing a frivolous

65

challenge of any person's right to vote commits a misdemeanor of

66

the first degree, punishable as provided in s. 775.082 or s.

67

775.083; however, electors or poll watchers shall not be subject

68

to liability for any action taken in good faith and in

69

furtherance of any activity or duty permitted of such electors or

70

poll watchers by law. Each instance where any elector or poll

71

watcher files a frivolous challenge of any person's right to vote

72

constitutes a separate offense.

73

74

================ T I T L E  A M E N D M E N T ================

75

And the title is amended as follows:

76

     Delete lines 55 and 56

77

and insert:

78

101.111, F.S.; prohibiting a voter's right to vote from

79

being challenged on the basis of certain documents;

80

providing an exception; prohibiting a person other than

81

a state or local election official from challenging

82

another person's right to register or vote if the basis

83

for such challenge is evidence consisting of certain

84

information; amending s. 101.23, F.S.;

4/22/2008  2:04:00 PM     16-08213-08