Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 866
939278
Senate
Comm: WD
4/1/2008
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House
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The Committee on Ethics and Elections (Justice) recommended the
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following amendment to amendment (417782):
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Senate Amendment (with title amendment)
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Delete lines 851-904
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and insert:
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Section 17. Section 101.111, Florida Statutes, is amended
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to read:
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101.111 Person desiring to vote may be challenged; invalid
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basis for challenge of voter; errors or omissions from papers;
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challenger to execute oath; oath of person challenged;
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determination of challenge.--
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(1) When the right to vote of any person who desires to
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vote is challenged by any elector or poll watcher, the challenge
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shall be reduced to writing with an oath as provided in this
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section, giving reasons for the challenge, which shall be
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delivered to the clerk or inspector. Any elector or poll watcher
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challenging the right of a person to vote shall execute the oath
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set forth below:
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OATH OF PERSON ENTERING CHALLENGE
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State of Florida
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County of _____
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I do solemnly swear that my name is _____; that I am a member of
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the _____ Party; that I am a registered voter or pollwatcher;
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that my residence address is _____, in the municipality of _____;
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and that I have reason to believe that _____ is attempting to
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vote illegally and the reasons for my belief are set forth herein
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to wit:
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(Signature of person challenging voter)
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Sworn and subscribed to before me this _____ day of _____,
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(year) .
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(Clerk of election)
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(2) A voter's right to register or vote may not be
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challenged on the basis of the following documents:
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(a) A "voter caging document," which is defined as a
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nonforwardable document, sent by a person other than a state or
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local election official, and which is returned to the sender or a
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third party as undelivered or undeliverable despite an attempt to
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deliver such document to the address of a registered voter or
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applicant for registration;
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(b) A list of individuals compiled from voter caging
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documents; or
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(c) A list produced by matching the information of
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registered voters or applicants for voter registration to a list
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of individuals who are ineligible to vote by virtue of death,
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conviction, change of address, or otherwise, unless one of the
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pieces of information matched includes a signature, photograph,
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or unique identifying number ensuring that the information from
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each source refers to the same individual.
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(3) A person other than a state or local election official
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may not submit a formal challenge to an individual's eligibility
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to register to vote or to vote in any election if the basis for
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such challenge is evidence consisting of an error or omission on
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any record or paper relating to any application, registration, or
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other act requisite to voting, if such error or omission is not
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material to an individual's eligibility to vote as provided by
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law.
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(4)(2) The clerk or inspector shall immediately deliver to
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the challenged person a copy of the oath of the person entering
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the challenge, and the challenged voter shall be allowed to cast
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a provisional ballot.
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(5)(3) Any elector or poll watcher may challenge the right
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of any voter to vote not sooner than 30 days before an election
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by filing a completed copy of the oath contained in subsection
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(1) to the supervisor of election's office. The challenged voter
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shall be permitted to cast a provisional ballot.
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(6)(4) Any elector or poll watcher filing a frivolous
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challenge of any person's right to vote commits a misdemeanor of
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the first degree, punishable as provided in s. 775.082 or s.
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775.083; however, electors or poll watchers shall not be subject
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to liability for any action taken in good faith and in
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furtherance of any activity or duty permitted of such electors or
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poll watchers by law. Each instance where any elector or poll
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watcher files a frivolous challenge of any person's right to vote
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constitutes a separate offense.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete lines 1375-1377
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and insert:
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application for a name or address change; amending s.
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101.111, F.S.; prohibiting a voter's right to vote from
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being challenged on the basis of certain documents;
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providing an exception; prohibiting a person other than a
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state or local election official from challenging another
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person's right to register or vote if the basis for such
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challenge is evidence consisting of certain information;
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amending s. 101.23,
4/1/2008 10:35:00 AM 16-06319-08
CODING: Words stricken are deletions; words underlined are additions.