| 1 | A bill to be entitled | 
| 2 | An act relating to challenging a person desiring to vote; | 
| 3 | amending s. 101.111, F.S.; prohibiting a voter from being | 
| 4 | challenged on the basis of certain documents; prohibiting | 
| 5 | certain persons from submitting a formal challenge to an | 
| 6 | individual's eligibility to register to vote or to vote in | 
| 7 | any election under certain circumstances; providing an | 
| 8 | effective date. | 
| 9 | 
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| 10 | Be It Enacted by the Legislature of the State of Florida: | 
| 11 | 
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| 12 | Section 1.  Present subsection (2) of section 101.111, | 
| 13 | Florida Statutes, is renumbered as subsection (4), and new | 
| 14 | subsections (2) and (3) are added to that section, to read: | 
| 15 | 101.111  Person desiring to vote may be challenged; | 
| 16 | challenger to execute oath; oath of person challenged; | 
| 17 | determination of challenge.-- | 
| 18 | (2)  A voter may not be challenged on the basis of the | 
| 19 | following documents: | 
| 20 | (a)  A "voter caging document," which is defined as a | 
| 21 | nonforwardable document that is sent by a person other than a | 
| 22 | state or local election official and that is returned to the | 
| 23 | sender or a third party as undelivered or undeliverable despite | 
| 24 | an attempt to deliver such document to the address of a | 
| 25 | registered voter or an applicant for registration; | 
| 26 | (b)  A list of individuals compiled from voter caging | 
| 27 | documents; or | 
| 28 | (c)  A list produced by matching the information of | 
| 29 | registered voters or applicants for voter registration to a list | 
| 30 | of individuals who are ineligible to vote by virtue of death, | 
| 31 | conviction, change of address, or otherwise, unless one of the | 
| 32 | pieces of information matched includes a signature, photograph, | 
| 33 | or unique identifying number ensuring that the information from | 
| 34 | each source refers to the same individual. | 
| 35 | (3)  A person who is not a state or local election official | 
| 36 | may not submit a formal challenge to an individual's eligibility | 
| 37 | to register to vote or to vote in any election if the basis for | 
| 38 | such challenge is evidence consisting of an error or omission on | 
| 39 | any record or paper relating to any application, registration, | 
| 40 | or other act requisite to voting, and if such error or omission | 
| 41 | is not material to the individual's eligibility to vote as | 
| 42 | provided by law. | 
| 43 | Section 2.  This act shall take effect July 1, 2009. |