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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