CS for CS for SB 866 Second Engrossed (ntc)

2008866e2

A bill to be entitled

An act relating to elections; amending s. 97.012, F.S.;

revising provisions relating to the investigative duties

of the Secretary of State; amending s. 97.041, F.S.;

revising requirements for voter preregistration of minors;

amending s. 97.053, F.S.; revising provisions relating to

verification of certain information on voter registration

applications; amending s. 97.0535, F.S.; revising forms of

acceptable identification for certain voter registration

applicants; amending s. 97.055, F.S.; providing for change

of party affiliation after the closing of the registration

books to apply to an upcoming election under certain

circumstances; amending s. 98.065, F.S.; revising

registration list maintenance provisions; creating s.

98.0655, F.S.; requiring the Department of State to

prescribe registration list maintenance forms; providing

criteria for such forms; amending s. 98.0981, F.S.;

reducing the time by which supervisors of elections must

electronically transmit certain voter history information

to the department; requiring the department to prepare a

detailed report containing specified voter information to

legislative officers after a general election; requiring

supervisors of elections to collect and submit data to the

department after certain elections; defining the phrase

"all ballots cast"; requiring the department to compile

precinct-level statistical data for counties before

certain elections; amending s. 99.012, F.S.; providing

restrictions on individuals qualifying for public office;

removing an exception from such restrictions for persons

seeking any federal public office; amending s. 99.021,

F.S.; deleting a resignation statement from the qualifying

oath for candidates for federal office; amending s.

99.095, F.S.; providing requirements for candidate

qualifying petitions; amending s. 100.221, F.S.; providing

circumstances under which early voting is not required;

amending s. 100.361, F.S.; revising provisions relating to

the recall of municipal or charter county officers, recall

committees, recall petitions, recall defense, and offenses

related thereto; amending s. 100.371, F.S.; providing that

a petition form circulated for signatures may not be

bundled with other petitions; deleting requirements

relating to the recording and determination of signature

forms; providing that an elector may complete and submit a

standard petition-revocation form directly to the

supervisor of elections under certain circumstances;

requiring that the division adopt petition-revocation

forms by rule; amending s. 101.041, F.S.; deleting a

requirement for the printing and distribution of official

ballots; amending s. 101.045, F.S.; authorizing the use of

a voter registration application for a name or address

change; amending s. 101.111, F.S.; revising methods by

which a person's right to vote may be challenged; amending

s. 101.23, F.S.; deleting provisions requiring an election

inspector to prevent certain persons from voting; amending

s. 101.51, F.S.; deleting provisions specifying certain

responsibilities of election officials before allowing

electors to enter a booth or compartment to vote; amending

s. 101.5608, F.S.; revising certain procedures relating to

the deposit of ballots; repealing s. 101.573, F.S.,

relating to the reporting of precinct-level election

results; amending s. 101.6923, F.S.; revising forms of

acceptable identification for certain absentee voters;

amending s. 101.75, F.S.; authorizing municipalities to

set by ordinance election dates to coincide with statewide

or countywide elections; amending s. 102.014, F.S.;

revising provisions relating to the training of poll

workers; amending s. 102.031, F.S.; including the term

"solicitation" as an equivalent of the term "solicit" as

it relates to the unlawful solicitation of voters;

providing that such terms do not prohibit exit polling;

amending s. 102.112, F.S.; revising the county canvassing

board's certification requirements for election returns;

amending s. 103.101, F.S.; deleting provisions related to

the placement on the ballot of presidential candidates

whose names do not appear on the list submitted to the

Secretary of State; amending s. 106.021, F.S.; removing a

campaign finance filing requirement for certain

candidates; amending s. 106.07, F.S.; clarifying that

political subdivisions may impose electronic filing

requirements on certain candidates, and that expenditures

for such filing system serve a valid public purpose;

repealing s. 106.082, F.S., relating to campaign

contribution limitations for candidates for the office of

Commissioner of Agriculture; amending s. 106.147, F.S.;

requiring a disclosure statement for certain telephone

calls and communications; revising provisions requiring

authorization from the candidate or sponsor for certain

telephone calls; amending s. 106.24, F.S.; providing that

the Florida Elections Commission is its own agency head

rather than the director of the commission; amending s.

190.006, F.S.; deleting certain fee and assessment

provisions for candidates seeking election to the board of

supervisors of a community redevelopment district;

amending s. 105.041, F.S.; providing procedure for

determining ballot position of candidates for the office

of circuit judge; providing effective dates.

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

100

Section 1. Subsection (15) of section 97.012, Florida

101

Statutes, is amended to read:

102

97.012 Secretary of State as chief election officer.--The

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Secretary of State is the chief election officer of the state,

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and it is his or her responsibility to:

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(15) Conduct preliminary investigations into any

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irregularities or fraud involving voter registration, voting, or

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candidate petition, or issue petition activities and report his

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or her findings to the statewide prosecutor or the state attorney

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for the judicial circuit in which the alleged violation occurred

110

for prosecution, if warranted. The Department of State may

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prescribe by rule requirements for filing an elections-fraud

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complaint and for investigating any such complaint.

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Section 2. Paragraph (b) of subsection (1) of section

114

97.041, Florida Statutes, is amended to read:

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97.041 Qualifications to register or vote.--

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(1)

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(b) A person who is otherwise qualified may preregister on

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or after that person's 16th 17th birthday or receipt of a valid

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Florida driver's license, whichever occurs earlier, and may vote

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in any election occurring on or after that person's 18th

121

birthday.

122

Section 3. Effective upon this act becoming a law,

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subsection (6) of section 97.053, Florida Statutes, is amended to

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read:

125

97.053 Acceptance of voter registration applications.--

126

(6) A voter registration application may be accepted as

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valid only after the department has verified the authenticity or

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nonexistence of the driver's license number, the Florida

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identification card number, or the last four digits of the social

130

security number provided by the applicant. If a completed voter

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registration application has been received by the book-closing

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deadline but the driver's license number, the Florida

133

identification card number, or the last four digits of the social

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security number provided by the applicant cannot be verified, the

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applicant shall be notified that the number cannot be verified

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application is incomplete and that the applicant voter must

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provide evidence to the supervisor sufficient to verify the

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authenticity of the applicant's driver's license number, Florida

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identification card number, or last four digits of the social

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security number provided on the application. If the applicant

141

voter provides the necessary evidence, the supervisor shall place

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the applicant's voter's name on the registration rolls as an

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active voter. If the applicant voter has not provided the

144

necessary evidence or the number has not otherwise been verified

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prior to the applicant presenting himself or herself to vote, the

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applicant shall be provided a provisional ballot. The provisional

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ballot shall be counted only if the number application is

148

verified by the end of the canvassing period or if the applicant

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presents evidence to the supervisor of elections sufficient to

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verify the authenticity of the applicant's driver's license

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number, Florida identification card number, or last four digits

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of the social security number provided on the application no

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later than 5 p.m. of the second day following the election.

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Section 4. Paragraph (a) of subsection (3) of section

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97.0535, Florida Statutes, is amended to read:

156

97.0535 Special requirements for certain applicants.--

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(3)(a) The following forms of identification shall be

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considered current and valid if they contain the name and

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photograph of the applicant and have not expired:

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1. United States passport.

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2. Employee badge or identification.

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3. Buyer's club identification.

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2.4. Debit or credit card.

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3.5. Military identification.

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4.6. Student identification.

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5.7. Retirement center identification.

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6.8. Neighborhood association identification.

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7.9. Public assistance identification.

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Section 5. Subsection (1) of section 97.055, Florida

170

Statutes, is amended to read:

171

97.055 Registration books; when closed for an election.--

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(1)(a) The registration books must be closed on the 29th

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day before each election and must remain closed until after that

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election. If an election is called and there are fewer than 29

175

days before that election, the registration books must be closed

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immediately.

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(b) Except as provided in paragraph (c), when the

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registration books are closed for an election, updates to a

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voter's name, address, and signature pursuant to ss. 98.077 and

180

101.045 shall be the only changes permitted for purposes of the

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upcoming election. New voter registration applications and party

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changes must be accepted but only for the purpose of subsequent

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elections.

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election, an update or change to a voter's party affiliation made

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pursuant to s. 97.1031 shall be permitted for that upcoming

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election unless such election is for the purpose of nominating a

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political party nominee, in which case the update or change shall

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be permitted only for the purpose of subsequent elections.

190

Section 6. Subsection (4) of section 98.065, Florida

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Statutes, is amended to read:

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98.065 Registration list maintenance programs.--

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(4)(a) If the supervisor receives change-of-address

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information pursuant to the activities conducted in subsection

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(2), from jury notices signed by the voter and returned to the

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courts, from the Department of Highway Safety and Motor Vehicles,

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or from other sources, which information indicates that the legal

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address of a registered voter's legal residence voter might have

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changed to another location within the state, the supervisor must

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change the registration records to reflect the new address and

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must shall send the voter by forwardable return-if-undeliverable

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mail an address change confirmation notice as provided in s.

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98.0655(2) to the address at which the voter was last registered.

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A supervisor may also send an address confirmation notice to any

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voter who the supervisor has reason to believe has moved from his

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or her legal residence.

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(b) If the supervisor of elections receives change-of-

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address information pursuant to the activities conducted in

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subsection (2), from jury notices signed by the voter and

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returned to the courts, or from other sources which indicates

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that a registered voter's legal residence might have changed to a

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location outside the state, the supervisor of elections shall

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send an address confirmation final notice to the voter as

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provided in s. 98.0655(3). The address confirmation notice shall

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contain a postage prepaid, preaddressed return form on which:

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1. If the voter has changed his or her address of legal

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residence to a location outside the state, the voter shall mark

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that the voter's legal residence has changed to a location

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outside the state. The form shall also include information on how

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to register in the new state in order to be eligible to vote. The

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form must be returned within 30 days after the date of the

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notice. The completed form shall constitute a request to be

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removed from the statewide voter registration system.

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2. If the voter has changed his or her address of legal

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residence to a location inside the state, the voter shall set

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forth the updated or corrected address and submit the return form

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within 30 days after the date of the notice. The completed form

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shall constitute a request to update the statewide voter

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registration system with the updated or corrected address

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information.

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3. If the voter has not changed his or her address of legal

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residence as printed on the address confirmation notice, the

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voter shall confirm that his or her address of legal residence

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has not changed and submit the form within 30 days after the date

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of the notice.

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who have been sent an address confirmation final notice and who

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have not returned the postage prepaid, preaddressed return form

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within 30 days or for which the final an address confirmation

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notice has been returned as undeliverable. Names on the inactive

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list may not be used to calculate the number of signatures needed

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on any petition. A voter on the inactive list may be restored to

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the active list of voters upon the voter updating his or her

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registration, requesting an absentee ballot, or appearing to

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vote. However, if the voter does not update his or her voter

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registration information, request an absentee ballot, or vote by

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the second general election after being placed on the inactive

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list, the voter's name shall be removed from the statewide voter

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registration system and the voter shall be required to reregister

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to have his or her name restored to the statewide voter

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registration system.

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Section 7. Section 98.0655, Florida Statutes, is created to

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read:

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98.0655 Registration list maintenance forms.--The

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department shall prescribe registration list maintenance forms to

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be used by the supervisors which must include:

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(1) An address confirmation request that must contain:

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(a) The voter's name and address of legal residence as

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shown on the voter registration record; and

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(b) A request that the voter notify the supervisor if

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either the voter's name or address of legal residence is

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incorrect.

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(2) An address change notice that must be sent to the newly

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recorded address of legal residence by forwardable mail,

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including a postage prepaid, preaddressed return form with which

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the voter may verify or correct the voter's new address

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information.

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(3) An address confirmation final notice that must be sent

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to the newly recorded address of legal residence by forwardable

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mail and must contain a postage prepaid, preaddressed return form

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and a statement that:

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(a) If the voter has not changed his or her legal residence

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or has changed his or her legal residence within the state, the

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voter should return the form within 30 days after the date on

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which the notice was sent to the voter.

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(b) If the voter has changed his or her legal residence to

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a location outside the state:

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1. The voter shall return the form, which serves as a

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request to be removed from the registration books; and

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2. The voter shall be provided with information on how to

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shall be designated as inactive in the statewide voter

284

registration system.

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Section 8. Effective July 1, 2008, section 98.0981, Florida

286

Statutes, is amended to read:

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98.0981 Reports; voting history; statewide voter

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registration system information; precinct-level election results;

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book closing statistics database.--

290

(1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM

291

INFORMATION.--

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(a) Within 45 75 days after a general election, or within

293

15 days after all supervisors of elections shall transmit to the

294

department, in a uniform electronic format specified by the

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department, completely have updated voting voter history

296

information for each qualified voter who voted., whichever occurs

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later,

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(b) After receipt of the information in paragraph (a), the

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department shall prepare send to the President of the Senate, the

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Speaker of the House of Representatives, the Senate Minority

301

Leader, and the House Minority Leader a report in electronic

302

format which contains the following information, separately

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compiled for the primary and general election for all voters

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qualified to vote in either election: of all voter qualified to

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vote in the election or primary. The report shall include for

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each voter

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1. The unique identifier assigned to each qualified voter

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within the statewide voter registration system the code used by

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the department to uniquely identify the voter;

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2. All information provided by each qualified voter on his

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or her in the uniform statewide voter registration application

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pursuant to s. 97.052(2), except that which is what is

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specifically identified as confidential or exempt from public

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records requirements;

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3. Each qualified voter's the date of registration;

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4. Each qualified voter's current state the representative

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district, state senatorial district, and congressional district,

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assigned by the supervisor of elections;

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5. Each qualified voter's current and precinct in which the

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voter resides; and

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6. Voting history as transmitted under paragraph (a) to

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include whether the qualified voter voted at a the precinct

323

location, voted during the early voting period by early vote,

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voted by absentee ballot, attempted to vote by absentee ballot

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that was not counted, attempted to vote by provisional ballot

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that was not counted, or did not vote.

327

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shall send to the President of the Senate, the Speaker of the

329

House of Representatives, the Senate Minority Leader, and the

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House Minority Leader a report in electronic format that includes

331

all information set forth in paragraph (b).

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(2) PRECINCT-LEVEL ELECTION RESULTS.--Within 45 days after

333

the date of a presidential preference primary election, a special

334

election, or a general election, the supervisors of elections

335

shall collect and submit to the department precinct-level

336

election results for the election in a uniform electronic format

337

specified by the department. The precinct-level election results

338

shall be compiled separately for the primary or special primary

339

election that preceded the general or special general election,

340

respectively. The results shall specifically include for each

341

precinct the aggregate total of all ballots cast for each

342

candidate or nominee to fill a national, state, county, or

343

district office or proposed constitutional amendment. "All

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ballots cast" means ballots cast by voters who cast a ballot

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whether at a precinct location, by absentee ballot including

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overseas absentee ballots, during the early voting period, or by

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provisional ballot.

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(3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.--After the date

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of book closing but before the date of an election as defined in

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s. 97.021(10) to fill a national, state, county, or district

351

office, or to vote on a proposed constitutional amendment, the

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department shall compile the following precinct-level statistical

353

data for each county:

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(a) Precinct numbers.

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(b) Total number of active registered voters by party for

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each precinct.

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(4) REPORTS PUBLICLY AVAILABLE.--The department shall also

358

make publicly available the reports and results required in

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subsections (1)-(3).

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(5) RULEMAKING.--The department shall adopt rules and

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prescribe forms to carry out the purposes of this section.

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Section 9. Subsection (2), paragraph (a) of subsection (3),

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and subsections (6) and (7) of section 99.012, Florida Statutes,

364

are amended to read:

365

99.012 Restrictions on individuals qualifying for public

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office.--

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(2) No person may qualify as a candidate for more than one

368

public office, whether federal, state, district, county, or

369

municipal, if the terms or any part thereof run concurrently with

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each other.

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(3)(a) No officer may qualify as a candidate for another

372

public office, whether state, district, county, or municipal

373

public office, if the terms or any part thereof run concurrently

374

with each other, without resigning from the office he or she

375

presently holds.

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(6) This section does not apply to:

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(a) Political party offices.

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(b) Persons serving without salary as members of an

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appointive board or authority.

380

381

(7) Nothing contained in subsection subsections (3) and (4)

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relates to persons holding any federal office.

383

Section 10. Paragraph (a) of subsection (1) of section

384

99.021, Florida Statutes, is amended to read:

385

99.021 Form of candidate oath.--

386

(1)(a)1. Each candidate, whether a party candidate, a

387

candidate with no party affiliation, or a write-in candidate, in

388

order to qualify for nomination or election to any office other

389

than a judicial office as defined in chapter 105 or a federal

390

office, shall take and subscribe to an oath or affirmation in

391

writing. A printed copy of the oath or affirmation shall be

392

furnished to the candidate by the officer before whom such

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candidate seeks to qualify and shall be substantially in the

394

following form:

395

396

State of Florida

397

County of_____

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Before me, an officer authorized to administer oaths,

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personally appeared (please print name as you wish it to appear

400

on the ballot) , to me well known, who, being sworn, says that

401

he or she is a candidate for the office of _____; that he or she

402

is a qualified elector of _____ County, Florida; that he or she

403

is qualified under the Constitution and the laws of Florida to

404

hold the office to which he or she desires to be nominated or

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elected; that he or she has taken the oath required by ss.

406

876.05-876.10, Florida Statutes; that he or she has qualified for

407

no other public office in the state, the term of which office or

408

any part thereof runs concurrent with that of the office he or

409

she seeks; and that he or she has resigned from any office from

410

which he or she is required to resign pursuant to s. 99.012,

411

Florida Statutes.

412

(Signature of candidate)

413

(Address)

414

415

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

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(year) , at _____ County, Florida.

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(Signature and title of officer administering oath)

418

419

2. Each candidate for federal office, whether a party

420

candidate, a candidate with no party affiliation, or a write-in

421

candidate, in order to qualify for nomination or election to

422

office shall take and subscribe to an oath or affirmation in

423

writing. A printed copy of the oath or affirmation shall be

424

furnished to the candidate by the officer before whom such

425

candidate seeks to qualify and shall be substantially in the

426

following form:

427

428

State of Florida

429

County of _____

430

Before me, an officer authorized to administer oaths,

431

personally appeared (please print name as you wish it to appear

432

on the ballot) , to me well known, who, being sworn, says that

433

he or she is a candidate for the office of _____; that he or she

434

is qualified under the Constitution and laws of the United States

435

to hold the office to which he or she desires to be nominated or

436

elected; and that he or she has qualified for no other public

437

office in the state, the term of which office or any part thereof

438

runs concurrent with that of the office he or she seeks; and that

439

he or she has resigned from any office from which he or she is

440

required to resign pursuant to s. 99.012, Florida Statutes.

441

(Signature of candidate)

442

(Address)

443

444

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

445

(year) , at _____ County, Florida.

446

(Signature and title of officer administering oath)

447

448

Section 11. Paragraph (a) of subsection (2) of section

449

99.095, Florida Statutes, is amended to read:

450

99.095 Petition process in lieu of a qualifying fee and

451

party assessment.--

452

(2)(a) Except as provided in paragraph (b), a candidate

453

must obtain the number of signatures of voters in the

454

geographical area represented by the office sought equal to at

455

least 1 percent of the total number of registered voters of that

456

geographical area, as shown by the compilation by the department

457

for the immediately preceding general election. Signatures may

458

not be obtained until the candidate has filed the appointment of

459

campaign treasurer and designation of campaign depository

460

pursuant to s. 106.021 and are valid only for the qualifying

461

period immediately following such filings.

462

Section 12. Section 100.221, Florida Statutes, is amended

463

to read:

464

100.221 General election laws to govern bond

465

referenda.--The laws governing the holding of general elections

466

are applicable to bond referenda, except as provided in ss.

467

100.201-100.351. A county, district, or municipality is not

468

required to offer early voting for a bond referendum that is not

469

held in conjunction with a county or state election. The places

470

for voting in a bond referendum shall be the same as the places

471

for voting in general elections, when a bond referendum is held

472

in the county or district; however, but when a bond referendum is

473

held in a municipality, the polling places shall be the same as

474

in other municipal elections.

475

Section 13. Section 100.361, Florida Statutes, is amended

476

to read:

477

100.361 Municipal recall.--

478

(1) APPLICATION; DEFINITION RECALL PETITION.--Any member of

479

the governing body of a municipality or charter county,

480

hereinafter referred to in this section as "municipality," may be

481

removed from office by the electors of the municipality. When the

482

official represents a district and is elected only by electors

483

residing in that district, only electors from that district are

484

eligible to sign the petition to recall that official and are

485

entitled to vote in the recall election. When the official

486

represents a district and is elected at-large by the electors of

487

the municipality, all electors of the municipality are eligible

488

to sign the petition to recall that official and are entitled to

489

vote in the recall election. Where used in this section, the term

490

"district" shall be construed to mean the area or region of a

491

municipality from which a member of the governing body is elected

492

by the electors from such area or region. Members may be removed

493

from office pursuant to by the procedures provided in this

494

section. This method of removing members of the governing body of

495

a municipality is in addition to any other method provided by

496

state law. following procedure:

497

(2) RECALL PETITION.--

498

(a) Petition content.--A petition shall contain the name of

499

be prepared naming the person sought to be recalled and

500

containing a statement of grounds for recall. The statement of

501

grounds may not exceed in not more than 200 words and the stated

502

grounds are limited solely to those the grounds specified in

503

paragraph (d) (b). If more than one member of the governing body

504

is sought to be recalled, whether such member is elected by the

505

electors of a district or by the electors of the municipality at-

506

large, a separate recall petition shall be prepared for each

507

member sought to be recalled. Upon request, the content of a

508

petition should be, but is not required to be, provided by the

509

proponent in alternative formats.

510

(b) Requisite signatures.--

511

1. In a municipality or district of fewer than 500

512

electors, the petition shall be signed by at least 50 electors or

513

by 10 percent of the total number of registered electors of the

514

municipality or district as of the preceding municipal election,

515

whichever is greater.

516

2. In a municipality or district of 500 or more but fewer

517

than 2,000 registered electors, the petition shall be signed by

518

at least 100 electors or by 10 percent of the total number of

519

registered electors of the municipality or district as of the

520

preceding municipal election, whichever is greater.

521

3. In a municipality or district of 2,000 or more but fewer

522

than 5,000 registered electors, the petition shall be signed by

523

at least 250 electors or by 10 percent of the total number of

524

registered electors of the municipality or district as of the

525

preceding municipal election, whichever is greater.

526

4. In a municipality or district of 5,000 or more but fewer

527

than 10,000 registered electors, the petition shall be signed by

528

at least 500 electors or by 10 percent of the total number of

529

registered electors of the municipality or district as of the

530

preceding municipal election, whichever is greater.

531

5. In a municipality or district of 10,000 or more but

532

fewer than 25,000 registered electors, the petition shall be

533

signed by at least 1,000 electors or by 10 percent of the total

534

number of registered electors of the municipality or district as

535

of the preceding municipal election, whichever is greater.

536

6. In a municipality or district of 25,000 or more

537

registered electors, the petition shall be signed by at least

538

1,000 electors or by 5 percent of the total number of registered

539

electors of the municipality or district as of the preceding

540

municipal election, whichever is greater.

541

542

Electors of the municipality or district making charges contained

543

in the statement of grounds for recall and those signing the

544

recall petition shall be designated as the "committee." A

545

specific person shall be designated in the petition as chair of

546

the committee to act for the committee. Electors of the

547

municipality or district are eligible to sign the petition.

548

Signatures and oaths of witnesses shall be executed as provided

549

in paragraph (c). All signatures shall be obtained, as provided

550

in paragraph (e), within a period of 30 days, and all signed and

551

dated petition forms the petition shall be filed at the same

552

time, no later than within 30 days after the date on which the

553

first signature is obtained on the petition.

554

555

district making charges contained in the statement of grounds for

556

recall, as well as those signing the recall petition, shall be

557

designated as the recall committee. A specific person shall be

558

designated in the petition as chair of the committee and this

559

person shall act for the committee. The recall committee and the

560

officer being recalled are subject to the provisions of chapter

561

106.

562

(d)(b) Grounds for recall.--The grounds for removal of

563

elected municipal officials shall, for the purposes of this act,

564

be limited to the following and must be contained in the

565

petition:

566

1. Malfeasance;

567

2. Misfeasance;

568

3. Neglect of duty;

569

4. Drunkenness;

570

5. Incompetence;

571

6. Permanent inability to perform official duties; and

572

7. Conviction of a felony involving moral turpitude.

573

(e)(c) Signature process.--Only electors of the

574

municipality or district are eligible to sign the petition. Each

575

elector of the municipality signing a petition shall sign and

576

date his or her name in ink or indelible pencil as registered in

577

the office of the supervisor of elections and shall state on the

578

petition his or her place of residence and voting precinct. Each

579

petition shall contain appropriate lines for each elector's

580

original the signature, printed name, and street address, city,

581

county, voter registration number or date of birth, and date

582

signed. The form shall also contain lines for of the elector and

583

an oath, to be executed by a witness who is to verify thereof,

584

verifying the fact that the witness saw each person sign the

585

counterpart of the petition, that each signature appearing

586

thereon is the genuine signature of the person it purports to be,

587

and that the petition was signed in the presence of the witness

588

on the date indicated.

589

(f)(d) Filing of signed petitions.--All signed petition

590

forms The petition shall be filed at the same time, no later than

591

30 days after the date on which the first signature is obtained

592

on the petition. with the auditor or clerk of the municipality or

593

charter county, or his or her equivalent, hereinafter referred to

594

as clerk, by The person designated as chair of the committee

595

shall file the signed petition forms with the auditor or clerk of

596

the municipality or charter county, or his or her equivalent,

597

hereinafter referred to as "clerk." The petition may not be

598

amended after it is filed with the clerk.

599

(g) Verification of signatures.--

600

1. Immediately after the filing of the petition forms, and,

601

when the petition is filed, the clerk shall submit such forms

602

petition to the county supervisor of elections. No more than 30

603

days after the date on which all petition forms are submitted to

604

the supervisor by the clerk, the supervisor who shall promptly

605

verify the signatures in accordance with s. 99.097, and within a

606

period of not more than 30 days after the petition is filed with

607

the supervisor, determine whether the requisite number of valid

608

signatures has been obtained for the petition contains the

609

required valid signatures. The committee seeking verification of

610

the signatures shall pay in advance to the supervisor the sum of

611

10 cents for each signature checked or the actual cost of

612

checking such signatures, whichever is less. The petition cannot

613

be amended after it is filed with the clerk. The supervisor shall

614

be paid by the persons or committee seeking verification the sum

615

of 10 cents for each name checked.

616

2. Upon filing with the clerk, the petition and all

617

subsequent papers or forms required or permitted to be filed with

618

the clerk in connection with this section must, upon request, be

619

made available in alternative formats by the clerk.

620

3.(e) If the supervisor determines it is determined that

621

the petition does not contain the requisite number of verified

622

and valid required signatures, the clerk shall, upon receipt of

623

such written determination, so certify to the governing body of

624

the municipality or charter county and file the petition without

625

taking further action, and the matter shall be at an end. No

626

additional names may be added to the petition, and the petition

627

shall not be used in any other proceeding.

628

4.(f) If the supervisor determines it is determined that

629

the petition has the requisite number of verified and valid

630

required signatures, then the procedures outlined in subsection

631

(3) must be followed.

632

(3) RECALL PETITION AND DEFENSE.--

633

(a) Notice.--Upon receipt of a written determination that

634

the requisite number of signatures has been obtained, the clerk

635

shall at once serve upon the person sought to be recalled a

636

certified copy of the petition. Within 5 days after service, the

637

person sought to be recalled may file with the clerk a defensive

638

statement of not more than 200 words.

639

(b) Content and preparation.--Within 5 days after the date

640

of receipt of the defensive statement or after the last date a

641

defensive statement could have been filed, the clerk shall,

642

within 5 days, prepare a document entitled "Recall Petition and

643

Defense." The "Recall Petition and Defense" shall consist

644

sufficient number of typewritten, printed, or mimeographed copies

645

of the recall petition, including copies of the originally signed

646

petitions and counterparts. The "Recall Petition and Defense"

647

must contain lines which conform to the provisions of paragraph

648

(2)(e), and the and defensive statement or, if no defensive

649

statement has been filed, a statement to that effect. The clerk

650

shall make copies of the "Recall Petition and Defense" which are

651

sufficient to carry the signatures of 30 percent of the

652

registered electors. Immediately after preparing and making

653

sufficient copies of the "Recall Petition and Defense," the clerk

654

shall as well as the names, addresses, and oaths on the original

655

petition, and deliver the copies them to the person who has been

656

designated as chair of the committee and take his or her receipt

657

therefor. Such prepared copies shall be entitled "Recall Petition

658

and Defense" and shall contain lines and spaces for signatures

659

and printed names of registered electors, place of residence,

660

election precinct number, and date of signing, together with

661

oaths to be executed by the witnesses which conform to the

662

provisions of paragraph (c). The clerk shall deliver forms

663

sufficient to carry the signatures of 30 percent of the

664

registered electors.

665

(c)(g) Requisite signatures.--Upon receipt of the "recall

666

petition and defense," the committee may circulate them to obtain

667

the signatures of 15 percent of the electors. All signatures

668

shall be obtained and all signed petition forms filed with the

669

clerk no later than 60 days after delivery of the "Recall

670

Petition and Defense" to the chair of the committee. Any elector

671

who signs a recall petition shall have the right to demand in

672

writing that his or her name be stricken from the petition. A

673

written demand signed by the elector shall be filed with the

674

clerk and upon receipt of the demand the clerk shall strike the

675

name of the elector from the petition and place his or her

676

initials to the side of the signature stricken. However, no

677

signature may be stricken after the clerk has delivered the

678

"Recall Petition and Defense" to the supervisor of elections for

679

verification.

680

(d)(h) Signed petitions; request for striking name.--Within

681

60 days after delivery of the "Recall Petition and Defense" to

682

the chair, the chair shall file with the clerk the "Recall

683

Petition and Defense" which bears the signatures of electors. The

684

clerk shall assemble all signed petitions, check to see that each

685

petition is properly verified by the oath of a witness, and

686

submit such petitions to the county supervisor of elections. Any

687

elector who signs a recall petition has the right to demand in

688

writing that his or her name be stricken from the petition. A

689

written demand signed by the elector shall be filed with the

690

clerk and upon receipt of the demand, the clerk shall strike the

691

name of the elector from the petition and place his or her

692

initials to the side of the signature stricken. However, a

693

signature may not be stricken after the clerk has delivered the

694

"Recall Petition and Defense" to the supervisor for verification

695

of the signatures.

696

(e) Verification of signatures.--Within 30 days after

697

receipt of the signed "Recall Petition and Defense," the

698

supervisor, who shall determine the number of valid signatures,

699

purge the names withdrawn, and certify within 30 days whether 15

700

percent of the qualified electors of the municipality have signed

701

the petitions, and report his or her findings to the governing

702

body. The supervisor shall be paid by the persons or committee

703

seeking verification the sum of 10 cents for each name checked.

704

(f)(i) Reporting.--If the supervisor determines that the

705

requisite number of signatures has not been obtained petitions do

706

not contain the required signatures, the clerk shall, upon

707

receipt of such written determination, certify report such

708

determination fact to the governing body and retain file the

709

petitions., The proceedings shall be terminated, and the

710

petitions shall not again be used. If the supervisor determines

711

that signatures do amount to at least 15 percent of the qualified

712

electors signed the petition, the clerk shall, immediately upon

713

receipt of such written determination, serve notice of that

714

determination fact upon the person sought to be recalled and

715

deliver to the governing body a certificate as to the percentage

716

of qualified electors voters who signed.

717

(4)(2) RECALL ELECTION.--If the person designated in the

718

petition files with the clerk, within 5 days after the last-

719

mentioned notice, his or her written resignation, the clerk shall

720

at once notify the governing body of that fact, and the

721

resignation shall be irrevocable. The governing body shall then

722

proceed to fill the vacancy according to the provisions of the

723

appropriate law. In the absence of a resignation, the chief judge

724

of the judicial circuit in which the municipality is located

725

shall fix a day for holding a recall election for the removal of

726

those not resigning. Any such election shall be held not less

727

than 30 days or more than 60 days after the expiration of the 5-

728

day period last-mentioned and at the same time as any other

729

general or special election held within the period; but if no

730

such election is to be held within that period, the judge shall

731

call a special recall election to be held within the period

732

aforesaid.

733

(5)(3) BALLOTS.--The ballots at the recall election shall

734

conform to the following: With respect to each person whose

735

removal is sought, the question shall be submitted: "Shall _____

736

be removed from the office of _____ by recall?" Immediately

737

following each question there shall be printed on the ballots the

738

two propositions in the order here set forth:

739

" (name of person) should be removed from office."

740

" (name of person) should not be removed from office."

741

(6)(4) FILLING OF VACANCIES; SPECIAL ELECTIONS.--

742

(a) If an election is held for the recall of members

743

elected only at-large, candidates to succeed them for the

744

unexpired terms shall be voted upon at the same election and

745

shall be elected in the same manner as provided by the

746

appropriate law for the election of candidates at general

747

elections. Candidates shall not be elected to succeed any

748

particular member. If only one member is removed, the candidate

749

receiving the highest number of votes shall be declared elected

750

to fill the vacancy. If more than one member is removed,

751

candidates equal in number to the number of members removed shall

752

be declared elected to fill the vacancies; and, among the

753

successful candidates, those receiving the greatest number of

754

votes shall be declared elected for the longest terms. Cases of

755

ties, and all other matters not herein specially provided for,

756

shall be determined by the rules governing elections generally.

757

(b) If an election is held for the recall of members

758

elected only from districts, candidates to succeed them for the

759

unexpired terms shall be voted upon at a special election called

760

by the chief judge of the judicial circuit in which the districts

761

are located not less than 30 days or more than 60 days after the

762

expiration of the recall election. The qualifying period, for

763

purposes of this section, shall be established by the chief judge

764

of the judicial circuit after consultation with the clerk. Any

765

candidate seeking election to fill the unexpired term of a

766

recalled district municipal official shall reside in the district

767

represented by the recalled official and qualify for office in

768

the manner required by law. Each candidate receiving the highest

769

number of votes for each office in the special district recall

770

election shall be declared elected to fill the unexpired term of

771

the recalled official. Candidates seeking election to fill a

772

vacancy created by the removal of a municipal official shall be

773

subject to the provisions of chapter 106.

774

775

the governing body composed of both members elected at-large and

776

from districts, candidates to succeed them for the unexpired

777

terms shall be voted upon at a special election as provided in

778

paragraph (b).

779

(d) However, in any recall election held pursuant to

780

paragraph (b) or paragraph (c), if only one member is voted to be

781

removed from office, the vacancy created by the recall shall be

782

filled by the governing body according to the provisions of the

783

appropriate law for filling vacancies.

784

(7)(5) EFFECT OF RESIGNATIONS.--If the member of the

785

governing body being recalled resigns from office prior to the

786

recall election, the remaining members shall fill the vacancy

787

created according to the appropriate law for filling vacancies.

788

If all of the members of the governing body are sought to be

789

recalled and all of the members resign prior to the recall

790

election, the recall election shall be canceled, and a special

791

election shall be called to fill the unexpired terms of the

792

resigning members. If all of the members of the governing body

793

are sought to be recalled and any of the members resign prior to

794

the recall election, the proceedings for the recall of members

795

not resigning and the election of successors to fill the

796

unexpired terms shall continue and have the same effect as though

797

there had been no resignation.

798

(8)(6) WHEN PETITION MAY BE FILED.--No petition to recall

799

any member of the governing body of a municipality shall be filed

800

until the member has served one-fourth of his or her term of

801

office. No person removed by a recall, or resigning after a

802

petition has been filed against him or her, shall be eligible to

803

be appointed to the governing body within a period of 2 years

804

after the date of such recall or resignation.

805

(9) RETENTION OF PETITION.--The clerk shall preserve in his

806

or her office all papers comprising or connected with a petition

807

for recall for a period of 2 years after they were filed. This

808

method of removing members of the governing body of a

809

municipality is in addition to such other methods now or

810

hereafter provided by the general laws of this state.

811

(10)(7) OFFENSES RELATING TO PETITIONS.--No person shall

812

impersonate another, purposely write his or her name or residence

813

falsely in the signing of any petition for recall or forge any

814

name thereto, or sign any paper with knowledge that he or she is

815

not a qualified elector of the municipality. No expenditures for

816

campaigning for or against an officer being recalled shall be

817

made until the date on which the recall election is to be held is

818

publicly announced. The committee and the officer being recalled

819

shall be subject to chapter 106. No person shall employ or pay

820

another to accept employment or payment for circulating or

821

witnessing a recall petition. Any person violating any of the

822

provisions of this section commits shall be deemed guilty of a

823

misdemeanor of the second degree and shall, upon conviction, be

824

punished as provided by law.

825

(11)(8) INTENT.--It is the intent of the Legislature that

826

the recall procedures provided in this act shall be uniform

827

statewide. Therefore, all municipal charter and special law

828

provisions which are contrary to the provisions of this act are

829

hereby repealed to the extent of this conflict.

830

(12)(9) PROVISIONS APPLICABLE.--The provisions of this act

831

shall apply to cities and charter counties whether or not they

832

have adopted recall provisions.

833

Section 14. Effective July 1, 2008, subsections (3), (4),

834

and (6) of section 100.371, Florida Statutes, are amended to

835

read:

836

100.371 Initiatives; procedure for placement on ballot.--

837

(3) An initiative petition form circulated for signature

838

may not be bundled with or attached to any other petition. Each

839

signature shall be dated when made and shall be valid for a

840

period of 4 years following such date, provided all other

841

requirements of law are met. The sponsor shall submit signed and

842

dated forms to the appropriate supervisor of elections for

843

verification as to the number of registered electors whose valid

844

signatures appear thereon. The supervisor shall promptly verify

845

the signatures within 30 days of receipt of the petition forms

846

and payment of the fee required by s. 99.097. The supervisor

847

shall promptly record in the statewide voter registration system,

848

in the manner prescribed by the Secretary of State, the date each

849

form is received by the supervisor, and the date the signature on

850

the form is verified as valid. The supervisor may verify that the

851

signature on a form is valid only if:

852

(a) The form contains the original signature of the

853

purported elector.

854

(b) The purported elector has accurately recorded on the

855

form the date on which he or she signed the form.

856

857

name, street address, county, and voter registration number or

858

date of birth.

859

(d) The purported elector is, at the time he or she signs

860

the form, a duly qualified and registered elector authorized to

861

vote in the county in which his or her signature is submitted.

862

863

The supervisor shall retain the signature forms for at least 1

864

year following the election in which the issue appeared on the

865

ballot or until the Division of Elections notifies the

866

supervisors of elections that the committee which circulated the

867

petition is no longer seeking to obtain ballot position.

868

(4) The Secretary of State shall determine from the

869

signatures verified by the supervisors of elections and recorded

870

in the statewide voter registration system the total number of

871

verified valid signatures and the distribution of such signatures

872

by congressional districts. Upon a determination that the

873

requisite number and distribution of valid signatures have been

874

obtained, the secretary shall issue a certificate of ballot

875

position for that proposed amendment and shall assign a

876

designating number pursuant to s. 101.161.

877

(6)(a) An elector's signature on a petition form may be

878

revoked within 150 days of the date on which he or she signed the

879

petition form by submitting to the appropriate supervisor of

880

elections a signed petition-revocation form adopted by rule for

881

this purpose by the division.

882

(b) The petition-revocation form and the manner in which

883

signatures are obtained, submitted, and verified shall be subject

884

to the same relevant requirements and timeframes as the

885

corresponding petition form and processes under this code and

886

shall be approved by the Secretary of State before any signature

887

on a petition-revocation form is obtained.

888

889

form for a corresponding initiative petition has not been

890

submitted and approved, an elector may complete and submit a

891

standard petition-revocation form directly to the supervisor of

892

elections. All other requirements and processes apply for the

893

submission and verification of the signatures as for initiative

894

petitions.

895

(d) Supervisors of elections shall provide petition-

896

revocation forms to the public at all main and branch offices.

897

(e)(d) The petition-revocation form shall be filed with the

898

supervisor of elections by February 1 preceding the next general

899

election or, if the initiative amendment is not certified for

900

ballot position in that election, by February 1 preceding the

901

next successive general election. The supervisor of elections

902

shall promptly verify the signature on the petition-revocation

903

form and process such revocation upon payment, in advance, of a

904

fee of 10 cents or the actual cost of verifying such signature,

905

whichever is less. The supervisor shall promptly record each

906

valid and verified signature on a petition-revocation form in the

907

statewide voter registration system in the manner prescribed by

908

the Secretary of State.

909

(f) The division shall adopt by rule the petition-

910

revocation forms to be used under this subsection.

911

Section 15. Section 101.041, Florida Statutes, is amended

912

to read:

913

101.041 Secret voting.--In all elections held on any

914

subject which may be submitted to a vote, and for all or any

915

state, county, district, or municipal officers, the voting shall

916

be by secret, official ballot printed and distributed as provided

917

by this code, and no vote shall be received or counted in any

918

election, except as prescribed by this code.

919

Section 16. Section 101.045, Florida Statutes, is amended

920

to read:

921

101.045 Electors must be registered in precinct; provisions

922

for change of residence or name change.--

923

(1) No person shall be permitted to vote in any election

924

precinct or district other than the one in which the person has

925

his or her legal residence and in which the person is registered.

926

However, a person temporarily residing outside the county shall

927

be registered in the precinct in which the main office of the

928

supervisor, as designated by the supervisor, is located when the

929

person has no permanent address in the county and it is the

930

person's intention to remain a resident of Florida and of the

931

county in which he or she is registered to vote. Such persons who

932

are registered in the precinct in which the main office of the

933

supervisor, as designated by the supervisor, is located and who

934

are residing outside the county with no permanent address in the

935

county shall not be registered electors of a municipality and

936

therefore shall not be permitted to vote in any municipal

937

election.

938

(2)(a) An elector who moves from the precinct in which the

939

elector is registered may be permitted to vote in the precinct to

940

which he or she has moved his or her legal residence, provided

941

such elector completes an affirmation in substantially the

942

following form:

943

944

Change of Legal Residence of Registered

945

Voter

946

947

Under penalties for false swearing, I, (Name of voter) , swear

948

(or affirm) that the former address of my legal residence was

949

(Address of legal residence) in the municipality of _____, in

950

_____ County, Florida, and I was registered to vote in the _____

951

precinct of _____ County, Florida; that I have not voted in the

952

precinct of my former registration in this election; that I now

953

reside at (Address of legal residence) in the Municipality of

954

_____, in _____ County, Florida, and am therefore eligible to

955

vote in the _____ precinct of _____ County, Florida; and I

956

further swear (or affirm) that I am otherwise legally registered

957

and entitled to vote.

958

959

(Signature of voter whose address of legal residence has

960

changed)

961

(b) An elector whose name changes because of marriage or

962

other legal process may be permitted to vote, provided such

963

elector completes an affirmation in substantially the following

964

form:

965

966

Change of Name of Registered

967

Voter

968

969

Under penalties for false swearing, I, (New name of voter) ,

970

swear (or affirm) that my name has been changed because of

971

marriage or other legal process. My former name and address of

972

legal residence appear on the registration records of precinct

973

_____ as follows:

974

Name

975

Address

976

Municipality

977

County

978

Florida, Zip

979

My present name and address of legal residence are as follows:

980

Name

981

Address

982

Municipality

983

County

984

Florida, Zip

985

and I further swear (or affirm) that I am otherwise legally

986

registered and entitled to vote.

987

988

(Signature of voter whose name has changed)

989

990

or paragraph (b), an elector may complete a voter registration

991

application that indicates the change of name or change of

992

address of legal residence.

993

(d) Such affirmation or application, when completed and

994

presented at the precinct in which such elector is entitled to

995

vote, and upon verification of the elector's registration, shall

996

entitle such elector to vote as provided in this subsection. If

997

the elector's eligibility to vote cannot be determined, he or she

998

shall be entitled to vote a provisional ballot, subject to the

999

requirements and procedures in s. 101.048. Upon receipt of an

1000

affirmation or application certifying a change in address of

1001

legal residence or name, the supervisor shall as soon as

1002

practicable make the necessary changes in the statewide voter

1003

registration system to indicate the change in address of legal

1004

residence or name of such elector.

1005

(d) Instead of the affirmation contained in paragraph (a)

1006

or paragraph (b), an elector may complete a voter registration

1007

application that indicates the change of name or change of

1008

address of legal residence.

1009

Section 17. Section 101.111, Florida Statutes, is amended

1010

to read:

1011

101.111 Person desiring to vote may be challenged;

1012

challenger to execute oath; oath of person challenged;

1013

determination of challenge.--

1014

(1)(a) Any registered elector or poll watcher of a county

1015

may challenge the right of a person to vote in that county. When

1016

the right to vote of any person who desires to vote is challenged

1017

by any elector or poll watcher, The challenge must be in shall be

1018

reduced to writing and contain the following oath with an oath as

1019

provided in this section, giving reasons for the challenge, which

1020

shall be delivered to the clerk or inspector. Any elector or poll

1021

watcher challenging the right of a person to vote shall execute

1022

the oath set forth below:

1023

1024

OATH OF PERSON ENTERING CHALLENGE

1025

1026

State of Florida

1027

County of _____

1028

1029

I do solemnly swear or affirm that my name is _____; that I am a

1030

member of the _____ Party; that I am a registered voter or

1031

pollwatcher; that my residence address is _____, in the

1032

municipality of _____; and that I have reason to believe that

1033

_____ is attempting to vote illegally and the reasons for my

1034

belief are set forth herein to wit:

1035

(Signature of person challenging voter)

1036

1037

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

1038

(year) .

1039

(Clerk of election)

1040

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

1041

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

1042

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

1043

a provisional ballot in accordance with s. 101.048.

1044

(c)(3) Alternatively, a challenge in accordance with this

1045

section may be filed in advance with the supervisor of elections

1046

no Any elector or poll watcher may challenge the right of any

1047

voter to vote not sooner than 30 days before an election by

1048

filing a completed copy of the oath contained in subsection (1)

1049

to the supervisor of election's office. The supervisor shall

1050

promptly provide the election board in the challenged voter's

1051

precinct with a copy of the oath of the person entering the

1052

challenge. The challenged voter shall be allowed permitted to

1053

cast a provisional ballot in accordance with s. 101.048.

1054

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

1055

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

1056

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

1057

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

1058

to liability for any action taken in good faith and in

1059

furtherance of any activity or duty permitted of such electors or

1060

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

1061

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

1062

constitutes a separate offense.

1063

Section 18. Section 101.23, Florida Statutes, is amended to

1064

read:

1065

101.23 Election inspector to keep list of those voting.--

1066

(1) When any person has been admitted to vote, the person's

1067

name shall be checked by the clerk or one of the inspectors at

1068

the place indicated upon the registration books or voter history

1069

form provided by the supervisor. One of the inspectors shall, at

1070

the same time, keep a poll list containing names of electors who

1071

have voted or a list of registered electors, on which those

1072

electors who have voted are indicated. Such lists shall be

1073

available for inspection during regular voting hours by poll

1074

watchers designated and appointed pursuant to s. 101.131, except

1075

that the election inspector may regulate access to the lists so

1076

as to ensure that such inspection does not unreasonably interfere

1077

with the orderly operation of the polling place.

1078

(2) The inspectors shall prevent any person from voting a

1079

second time when they have reason to believe that the person has

1080

voted. They shall refuse to allow any person to vote who is not a

1081

qualified elector or who has become disqualified to vote in the

1082

precinct, and may prevent any elector from consuming more than 5

1083

minutes in voting.

1084

Section 19. Effective July 1, 2008, subsection (1) of

1085

section 101.51, Florida Statutes, is amended to read:

1086

101.51 Electors to occupy booth alone.--

1087

(1) When the elector presents himself or herself to vote,

1088

an the election official shall ascertain whether the elector's

1089

name is upon the register of electors, and, if the elector's name

1090

appears and no challenge interposes, or, if interposed, be not

1091

sustained, one of the election official officials stationed at

1092

the entrance shall announce the name of the elector and permit

1093

the elector him or her to enter the booth or compartment to cast

1094

his or her vote, allowing only one elector at a time to pass

1095

through to vote. An elector, while casting his or her ballot, may

1096

not occupy a booth or compartment already occupied or speak with

1097

anyone, except as provided by s. 101.051.

1098

Section 20. Effective July 1, 2008, paragraph (a) of

1099

subsection (2) of section 101.5608, Florida Statutes, is amended

1100

to read:

1101

101.5608 Voting by electronic or electromechanical method;

1102

procedures.--

1103

(2) When an electronic or electromechanical voting system

1104

utilizes a ballot card or marksense ballot, the following

1105

procedures shall be followed:

1106

(a) After receiving a ballot from an inspector, the elector

1107

shall, without leaving the polling place, retire to a booth or

1108

compartment and mark the ballot. After marking preparing his or

1109

her ballot, the elector shall place the ballot in a secrecy

1110

envelope with the stub exposed or shall fold over that portion on

1111

which write-in votes may be cast, as instructed, so that the

1112

ballot will be deposited in the tabulator ballot box without

1113

exposing the voter's choices. Before the ballot is deposited in

1114

the ballot box, the inspector shall detach the exposed stub and

1115

place it in a separate envelope for audit purposes; when a fold-

1116

over ballot is used, the entire ballot shall be placed in the

1117

ballot box.

1118

Section 21. Effective July 1, 2008, section 101.573,

1119

Florida Statutes, is repealed.

1120

Section 22. Subsection (2) of section 101.6923, Florida

1121

Statutes, is amended to read:

1122

101.6923 Special absentee ballot instructions for certain

1123

first-time voters.--

1124

(2) A voter covered by this section shall be provided with

1125

printed instructions with his or her absentee ballot in

1126

substantially the following form:

1127

1128

READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.

1129

FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO

1130

COUNT.

1131

1132

1. In order to ensure that your absentee ballot will be

1133

counted, it should be completed and returned as soon as possible

1134

so that it can reach the supervisor of elections of the county in

1135

which your precinct is located no later than 7 p.m. on the date

1136

of the election.

1137

2. Mark your ballot in secret as instructed on the ballot.

1138

You must mark your own ballot unless you are unable to do so

1139

because of blindness, disability, or inability to read or write.

1140

3. Mark only the number of candidates or issue choices for

1141

a race as indicated on the ballot. If you are allowed to "Vote

1142

for One" candidate and you vote for more than one, your vote in

1143

that race will not be counted.

1144

4. Place your marked ballot in the enclosed secrecy

1145

envelope and seal the envelope.

1146

5. Insert the secrecy envelope into the enclosed envelope

1147

bearing the Voter's Certificate. Seal the envelope and completely

1148

fill out the Voter's Certificate on the back of the envelope.

1149

a. You must sign your name on the line above (Voter's

1150

Signature).

1151

b. If you are an overseas voter, you must include the date

1152

you signed the Voter's Certificate on the line above (Date) or

1153

your ballot may not be counted.

1154

6. Unless you meet one of the exemptions in Item 7., you

1155

must make a copy of one of the following forms of identification:

1156

a. Identification which must include your name and

1157

photograph: United States passport; employee badge or

1158

identification; buyer's club identification card; debit or credit

1159

card; military identification; student identification; retirement

1160

center identification; neighborhood association identification;

1161

or public assistance identification; or

1162

b. Identification which shows your name and current

1163

residence address: current utility bill, bank statement,

1164

government check, paycheck, or government document (excluding

1165

voter identification card).

1166

7. The identification requirements of Item 6. do not apply

1167

if you meet one of the following requirements:

1168

a. You are 65 years of age or older.

1169

b. You have a temporary or permanent physical disability.

1170

c. You are a member of a uniformed service on active duty

1171

who, by reason of such active duty, will be absent from the

1172

county on election day.

1173

d. You are a member of the Merchant Marine who, by reason

1174

of service in the Merchant Marine, will be absent from the county

1175

on election day.

1176

e. You are the spouse or dependent of a member referred to

1177

in paragraph c. or paragraph d. who, by reason of the active duty

1178

or service of the member, will be absent from the county on

1179

election day.

1180

f. You are currently residing outside the United States.

1181

8. Place the envelope bearing the Voter's Certificate into

1182

the mailing envelope addressed to the supervisor. Insert a copy

1183

of your identification in the mailing envelope. DO NOT PUT YOUR

1184

IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR

1185

INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR

1186

BALLOT WILL NOT COUNT.

1187

9. Mail, deliver, or have delivered the completed mailing

1188

envelope. Be sure there is sufficient postage if mailed.

1189

10. FELONY NOTICE. It is a felony under Florida law to

1190

accept any gift, payment, or gratuity in exchange for your vote

1191

for a candidate. It is also a felony under Florida law to vote in

1192

an election using a false identity or false address, or under any

1193

other circumstances making your ballot false or fraudulent.

1194

Section 23. Effective July 1, 2008, subsection (3) of

1195

section 101.75, Florida Statutes, is amended to read:

1196

101.75 Municipal elections; change of dates for cause.--

1197

(3) Notwithstanding any provision of local law or municipal

1198

charter, for any municipality whose election is scheduled to be

1199

held in March 2008, the governing body of a the municipality,

1200

notwithstanding any municipal charter provision, may, by

1201

ordinance, move the date of any the general municipal election in

1202

2008 and in each subsequent year that is a multiple of 4 to a the

1203

date concurrent with any statewide or countywide election the

1204

presidential preference primary. The dates for qualifying for the

1205

general municipal election moved by the passage of such an

1206

ordinance shall be specifically provided for in the ordinance and

1207

shall run for no less than 14 days. The term of office for any

1208

elected municipal official shall commence as provided by the

1209

relevant municipal charter or ordinance, and the term of office

1210

for any elected municipal official whose term was due to expire

1211

in March 2008 shall expire as provided by the relevant municipal

1212

charter or ordinance.

1213

Section 24. Effective July 1, 2008, subsection (7) of

1214

section 102.014, Florida Statutes, is amended to read:

1215

102.014 Poll worker recruitment and training.--

1216

(7) The Department of State shall develop a mandatory,

1217

statewide, and uniform program for training poll workers on

1218

issues of etiquette and sensitivity with respect to voters having

1219

a disability. The program must consist of approximately 1 hour of

1220

the required number of hours set forth in paragraph (4)(a). The

1221

program must be conducted locally by each supervisor of

1222

elections, and who shall periodically certify to the Department

1223

of State whether each poll worker must complete has completed the

1224

program before working during the current election cycle. The

1225

supervisor of elections shall contract with a recognized

1226

disability-related organization, such as a center for independent

1227

living, family network on disabilities, deaf service bureau, or

1228

other such organization, to develop and assist with training the

1229

trainers in the disability sensitivity programs. The program must

1230

include actual demonstrations of obstacles confronted by disabled

1231

persons during the voting process, including obtaining access to

1232

the polling place, traveling through the polling area, and using

1233

the voting system.

1234

Section 25. Effective July 1, 2008, paragraph (b) of

1235

subsection (4) of section 102.031, Florida Statutes, is amended

1236

to read:

1237

102.031 Maintenance of good order at polls; authorities;

1238

persons allowed in polling rooms and early voting areas; unlawful

1239

solicitation of voters.--

1240

(4)

1241

(b) For the purpose of this subsection, the terms term

1242

"solicit" or "solicitation" shall include, but not be limited to,

1243

seeking or attempting to seek any vote, fact, opinion, or

1244

contribution; distributing or attempting to distribute any

1245

political or campaign material, leaflet, or handout; conducting a

1246

poll except as specified in this paragraph; seeking or attempting

1247

to seek a signature on any petition; and selling or attempting to

1248

sell any item. The terms "solicit" or "solicitation" shall not be

1249

construed to prohibit exit polling.

1250

Section 26. Effective July 1, 2008, subsection (1) of

1251

section 102.112, Florida Statutes, is amended to read:

1252

102.112 Deadline for submission of county returns to the

1253

Department of State.--

1254

(1) The county canvassing board or a majority thereof shall

1255

file the county returns for the election of a federal or state

1256

officer with the Department of State immediately after

1257

certification of the election results. The returns must contain a

1258

certification by the canvassing board that the board has compared

1259

reconciled the number of persons who voted with the number of

1260

ballots counted and that the certification includes all valid

1261

votes cast in the election.

1262

Section 27. Subsection (2) of section 103.101, Florida

1263

Statutes, is amended to read:

1264

103.101 Presidential preference primary.--

1265

(2)(a) There shall be a Presidential Candidate Selection

1266

Committee composed of the Secretary of State, who shall be a

1267

nonvoting chair; the Speaker of the House of Representatives; the

1268

President of the Senate; the minority leader of each house of the

1269

Legislature; and the chair of each political party required to

1270

have a presidential preference primary under this section.

1271

(b)(a) By October 31 of the year preceding the presidential

1272

preference primary, each political party shall submit to the

1273

Secretary of State a list of its presidential candidates to be

1274

placed on the presidential preference primary ballot or

1275

candidates entitled to have delegates appear on the presidential

1276

preference primary ballot. The Secretary of State shall prepare

1277

and publish a list of the names of the presidential candidates

1278

submitted. The Secretary of State shall submit such list of names

1279

of presidential candidates to the selection committee on the

1280

first Tuesday after the first Monday in November of the year

1281

preceding the presidential preference primary. Each person

1282

designated as a presidential candidate shall have his or her name

1283

appear, or have his or her delegates' names appear, on the

1284

presidential preference primary ballot unless all committee

1285

members of the same political party as the candidate agree to

1286

delete such candidate's name from the ballot.

1287

1288

the first Tuesday after the first Monday in November of the year

1289

preceding the presidential preference primary. The selection

1290

committee shall publicly announce and submit to the Department of

1291

State no later than 5 p.m. on the following day the names of

1292

presidential candidates who shall have their names appear, or who

1293

are entitled to have their delegates' names appear, on the

1294

presidential preference primary ballot. The Department of State

1295

shall immediately notify each presidential candidate designated

1296

by the committee. Such notification shall be in writing, by

1297

registered mail, with return receipt requested.

1298

(b) Any presidential candidate whose name does not appear

1299

on the list submitted to the Secretary of State may request that

1300

the selection committee place his or her name on the ballot. Such

1301

request shall be made in writing to the Secretary of State no

1302

later than the second Tuesday after the first Monday in November

1303

of the year preceding the presidential preference primary.

1304

1305

selection committee reconsider placing the candidate's name on

1306

the ballot, the selection committee will reconvene no later than

1307

the second Thursday after the first Monday in November of the

1308

year preceding the presidential preference primary to reconsider

1309

placing the candidate's name on the ballot. The Department of

1310

State shall immediately notify such candidate of the selection

1311

committee's decision.

1312

Section 28. Effective upon this act becoming a law,

1313

paragraph (a) of subsection (1) of section 106.021, Florida

1314

Statutes, is amended to read:

1315

106.021 Campaign treasurers; deputies; primary and

1316

secondary depositories.--

1317

(1)(a) Each candidate for nomination or election to office

1318

and each political committee shall appoint a campaign treasurer.

1319

Each person who seeks to qualify for nomination or election to,

1320

or retention in, office shall appoint a campaign treasurer and

1321

designate a primary campaign depository prior to qualifying for

1322

office. Any person who seeks to qualify for election or

1323

nomination to any office by means of the petitioning process

1324

shall appoint a treasurer and designate a primary depository on

1325

or before the date he or she obtains the petitions. Each

1326

candidate shall at the same time he or she designates a campaign

1327

depository and appoints a treasurer also designate the office for

1328

which he or she is a candidate. If the candidate is running for

1329

an office which will be grouped on the ballot with two or more

1330

similar offices to be filled at the same election, the candidate

1331

must indicate for which group or district office he or she is

1332

running. Nothing in this subsection shall prohibit a candidate,

1333

at a later date, from changing the designation of the office for

1334

which he or she is a candidate. However, if a candidate changes

1335

the designated office for which he or she is a candidate, the

1336

candidate must notify all contributors in writing of the intent

1337

to seek a different office and offer to return pro rata, upon

1338

their request, those contributions given in support of the

1339

original office sought. This notification shall be given within

1340

15 days after the filing of the change of designation and shall

1341

include a standard form developed by the Division of Elections

1342

for requesting the return of contributions. The notice

1343

requirement shall not apply to any change in a numerical

1344

designation resulting solely from redistricting. If, within 30

1345

days after being notified by the candidate of the intent to seek

1346

a different office, the contributor notifies the candidate in

1347

writing that the contributor wishes his or her contribution to be

1348

returned, the candidate shall return the contribution, on a pro

1349

rata basis, calculated as of the date the change of designation

1350

is filed. Any contributions not requested to be returned within

1351

the 30-day period may be used by the candidate for the newly

1352

designated office. No person shall accept any contribution or

1353

make any expenditure with a view to bringing about his or her

1354

nomination, election, or retention in public office, or authorize

1355

another to accept such contributions or make such expenditure on

1356

the person's behalf, unless such person has appointed a campaign

1357

treasurer and designated a primary campaign depository. A

1358

candidate for an office voted upon statewide may appoint not more

1359

than 15 deputy campaign treasurers, and any other candidate or

1360

political committee may appoint not more than 3 deputy campaign

1361

treasurers. The names and addresses of the campaign treasurer and

1362

deputy campaign treasurers so appointed shall be filed with the

1363

officer before whom such candidate is required to qualify or with

1364

whom such political committee is required to register pursuant to

1365

s. 106.03. Each candidate who qualifies with the Department of

1366

State for an office not voted upon statewide shall, at the same

1367

time, file a copy of the name and address of the campaign

1368

treasurer with the supervisor of elections in the county in which

1369

the candidate resides.

1370

Section 29. Paragraph (a) of subsection (2) and paragraph

1371

(b) of subsection (8) of section 106.07, Florida Statutes, are

1372

amended to read:

1373

106.07 Reports; certification and filing.--

1374

(2)(a)1. All reports required of a candidate by this

1375

section shall be filed with the officer before whom the candidate

1376

is required by law to qualify. All candidates who file with the

1377

Department of State shall file their reports pursuant to s.

1378

106.0705. Except as provided in s. 106.0705, reports shall be

1379

filed not later than 5 p.m. of the day designated; however, any

1380

report postmarked by the United States Postal Service no later

1381

than midnight of the day designated shall be deemed to have been

1382

filed in a timely manner. Any report received by the filing

1383

officer within 5 days after the designated due date that was

1384

delivered by the United States Postal Service shall be deemed

1385

timely filed unless it has a postmark that indicates that the

1386

report was mailed after the designated due date. A certificate of

1387

mailing obtained from and dated by the United States Postal

1388

Service at the time of mailing, or a receipt from an established

1389

courier company, which bears a date on or before the date on

1390

which the report is due, shall be proof of mailing in a timely

1391

manner. Reports shall contain information of all previously

1392

unreported contributions received and expenditures made as of the

1393

preceding Friday, except that the report filed on the Friday

1394

immediately preceding the election shall contain information of

1395

all previously unreported contributions received and expenditures

1396

made as of the day preceding that designated due date. All such

1397

reports shall be open to public inspection.

1398

2. This subsection does not prohibit the governing body of

1399

a political subdivision, by ordinance or resolution, from

1400

imposing upon its own officers and candidates electronic filing

1401

requirements not in conflict with s. 106.0705. Expenditure of

1402

public funds for such purpose is deemed to be for a valid public

1403

purpose.

1404

(8)

1405

(b) Upon determining that a report is late, the filing

1406

officer shall immediately notify the candidate or chair of the

1407

political committee as to the failure to file a report by the

1408

designated due date and that a fine is being assessed for each

1409

late day. The fine shall be $50 per day for the first 3 days late

1410

and, thereafter, $500 per day for each late day, not to exceed 25

1411

percent of the total receipts or expenditures, whichever is

1412

greater, for the period covered by the late report. However, for

1413

the reports immediately preceding each primary and general

1414

election, the fine shall be $500 per day for each late day, not

1415

to exceed 25 percent of the total receipts or expenditures,

1416

whichever is greater, for the period covered by the late report.

1417

For reports required under s. 106.141(7), the fine is $50 per day

1418

for each late day, not to exceed 25 percent of the total receipts

1419

or expenditures, whichever is greater, for the period covered by

1420

the late report. Upon receipt of the report, the filing officer

1421

shall determine the amount of the fine which is due and shall

1422

notify the candidate or chair. The filing officer shall determine

1423

the amount of the fine due based upon the earliest of the

1424

following:

1425

1. When the report is actually received by such officer.

1426

2. When the report is postmarked.

1427

3. When the certificate of mailing is dated.

1428

4. When the receipt from an established courier company is

1429

dated.

1430

5. When the electronic receipt issued pursuant to s.

1431

106.0705 or other electronic filing system authorized in this

1432

section is dated.

1433

1434

Such fine shall be paid to the filing officer within 20 days

1435

after receipt of the notice of payment due, unless appeal is made

1436

to the Florida Elections Commission pursuant to paragraph (c). In

1437

the case of a candidate, such fine shall not be an allowable

1438

campaign expenditure and shall be paid only from personal funds

1439

of the candidate. An officer or member of a political committee

1440

shall not be personally liable for such fine.

1441

Section 30. Effective upon this act becoming a law, section

1442

106.082, Florida Statutes, is repealed.

1443

Section 31. Effective upon this act becoming a law,

1444

subsections (1) and (2) of section 106.147, Florida Statutes, are

1445

amended to read:

1446

106.147 Telephone solicitation; disclosure requirements;

1447

prohibitions; exemptions; penalties.--

1448

(1)(a) Any electioneering communication telephone call or

1449

any telephone call supporting or opposing a candidate, elected

1450

public official, or ballot proposal must identify the persons or

1451

organizations sponsoring the call by stating either: "paid for

1452

by_____" (insert name of persons or organizations sponsoring the

1453

call) or "paid for on behalf of_____" (insert name of persons or

1454

organizations authorizing call). This paragraph does not apply to

1455

any telephone call in which both the individual making the call

1456

is not being paid and the individuals participating in the call

1457

know each other prior to the call.

1458

(b) Any telephone call conducted for the purpose of polling

1459

respondents concerning a candidate or elected public official

1460

which is a part of a series of like telephone calls that consists

1461

of fewer than 1,000 completed calls and averages more than 2

1462

minutes in duration is presumed to be a political poll and not

1463

subject to the provisions of paragraph (a).

1464

1465

represents any person or organization unless the person or

1466

organization so represented has given specific approval in

1467

writing to make such representation.

1468

(d) No telephone call shall state or imply that the caller

1469

represents a nonexistent person or organization.

1470

(e) Any electioneering communication paid for with public

1471

funds must include a disclaimer containing the words "paid for by

1472

(Name of the government entity paying for the communication)."

1473

(2) Any telephone call, not conducted by independent

1474

expenditure, which expressly advocates for or against supporting

1475

or opposing a candidate or ballot proposal, requires prior

1476

written authorization by the candidate or sponsor of the ballot

1477

proposal that the call supports. A copy of such written

1478

authorization must be placed on file with the qualifying officer

1479

by the candidate or sponsor of the ballot proposal prior to the

1480

time the calls commence.

1481

Section 32. Paragraph (a) of subsection (1) of section

1482

106.24, Florida Statutes, is amended to read:

1483

106.24 Florida Elections Commission; membership; powers;

1484

duties.--

1485

(1)(a) There is created within the Department of Legal

1486

Affairs, Office of the Attorney General, a Florida Elections

1487

Commission, hereinafter referred to as the commission. The

1488

commission shall be a separate budget entity, and its director

1489

shall be the agency head for all purposes. The commission shall

1490

not be subject to control, supervision, or direction by the

1491

Department of Legal Affairs or the Attorney General in the

1492

performance of its duties, including, but not limited to,

1493

personnel, purchasing transactions involving real or personal

1494

property, and budgetary matters.

1495

Section 33. Paragraph (c) of subsection (3) of section

1496

190.006, Florida Statutes, is amended to read:

1497

190.006 Board of supervisors; members and meetings.--

1498

(3)

1499

1500

electors under this subsection shall conduct their campaigns in

1501

accordance with the provisions of chapter 106 and shall file

1502

qualifying papers and qualify for individual seats in accordance

1503

with s. 99.061. Candidates shall pay a qualifying fee, which

1504

shall consist of a filing fee and an election assessment or, as

1505

an alternative, shall file a petition signed by not less than 1

1506

percent of the registered voters of the district, and take the

1507

oath required in s. 99.021, with the supervisor of elections in

1508

the county affected by such candidacy. The amount of the filing

1509

fee is 3 percent of $4,800; however, if the electors have

1510

provided for compensation pursuant to subsection (8), the amount

1511

of the filing fee is 3 percent of the maximum annual compensation

1512

so provided. The amount of the election assessment is 1 percent

1513

of $4,800; however, if the electors have provided for

1514

compensation pursuant to subsection (8), the amount of the

1515

election assessment is 1 percent of the maximum annual

1516

compensation so provided. The filing fee and election assessment

1517

shall be distributed as provided in s. 105.031(3).

1518

Section 34. Effective upon this act becoming a law,

1519

subsection (2) of section 105.041, Florida Statutes, is amended

1520

to read:

1521

105.041 Form of ballot.--

1522

(2) LISTING OF CANDIDATES.--

1523

(a) Except as provided in paragraph (b), The order of

1524

nonpartisan offices appearing on the ballot shall be determined

1525

by the Department of State. The names of candidates for election

1526

to each nonpartisan office shall be listed in alphabetical order.

1527

With respect to retention of justices and judges, the question

1528

"Shall Justice (or Judge) (name of justice or judge) of the (name

1529

of the court) be retained in office?" shall appear on the ballot

1530

in alphabetical order and thereafter the words "Yes" and "No."

1531

(b)1. The names of candidates for the office of circuit

1532

judge shall be listed on the primary election ballot in the order

1533

determined by lot conducted by the director of the Division of

1534

Elections of the Department of State after the close of the

1535

qualifying period.

1536

2. Candidates who have secured a position on the general

1537

election ballot, after having survived elimination at the primary

1538

election, shall have their names listed in the same order as on

1539

the primary election ballot, notwithstanding the elimination of

1540

any intervening names as a result of the primary election.

1541

Section 35. Except as otherwise expressly provided in this

1542

act and except for this section, which shall take effect upon

1543

becoming a law, this act shall take effect January 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.