| 1 | Representative Lopez-Cantera offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (3) of section 98.075, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 98.075 Registration records maintenance activities; |
| 8 | ineligibility determinations.-- |
| 9 | (3) DECEASED PERSONS.-- |
| 10 | (a)1. The department shall identify those registered |
| 11 | voters who are deceased by comparing information on the lists of |
| 12 | deceased persons received or obtained from: |
| 13 | a. The Department of Health as provided in s. 98.093. |
| 14 | b. The United States Social Security Administration, |
| 15 | including, but not limited to, any master death file or index |
| 16 | compiled by the administration. |
| 17 | 2. Within 7 days after Upon receipt of such information |
| 18 | through the statewide voter registration system, the supervisor |
| 19 | shall remove the name of the registered voter. |
| 20 | (b) The supervisor shall remove the name of a deceased |
| 21 | registered voter from the statewide voter registration system |
| 22 | upon receipt of a copy of a death certificate issued by a |
| 23 | governmental agency authorized to issue death certificates. |
| 24 | Section 2. Subsection (2) of section 98.0981, Florida |
| 25 | Statutes, is amended to read: |
| 26 | 98.0981 Reports; voting history; statewide voter |
| 27 | registration system information; precinct-level election |
| 28 | results; book closing statistics.-- |
| 29 | (2) PRECINCT-LEVEL ELECTION RESULTS.-- |
| 30 | (a) Within 45 days after the date of a presidential |
| 31 | preference primary election, a special election, or a general |
| 32 | election, the supervisors of elections shall collect and submit |
| 33 | to the department precinct-level election results for the |
| 34 | election in a uniform electronic format specified by the |
| 35 | department. The precinct-level election results shall be |
| 36 | compiled separately for the primary or special primary election |
| 37 | that preceded the general or special general election, |
| 38 | respectively. The results shall specifically include for each |
| 39 | precinct the aggregate total of all ballots cast subtotaled by |
| 40 | ballot type for each candidate or nominee to fill a national, |
| 41 | state, county, or district office or proposed constitutional |
| 42 | amendment. |
| 43 | (b) In precincts where three or fewer total ballots were |
| 44 | cast, the supervisors of elections shall report only the |
| 45 | aggregate total of all ballots cast. |
| 46 | (c) As used in this subsection, "all ballots cast" means |
| 47 | ballots cast by voters who cast a ballot whether at a precinct |
| 48 | location, by absentee ballot including overseas absentee |
| 49 | ballots, during the early voting period, or by provisional |
| 50 | ballot. |
| 51 | Section 3. Paragraph (d) is added to subsection (4) of |
| 52 | section 100.111, Florida Statutes, subsection (5) of that |
| 53 | section is renumbered as subsection (6), and a new subsection |
| 54 | (5) is added to that section, to read: |
| 55 | 100.111 Filling vacancy.-- |
| 56 | (4) |
| 57 | (d) A candidate for any state legislative or county office |
| 58 | who wins an open primary shall be deemed elected at that time. |
| 59 | (5) A vacancy in nomination is not created if it is |
| 60 | determined that a nominee did not properly qualify or does not |
| 61 | meet the necessary qualifications to hold the office for which |
| 62 | he or she sought to qualify. |
| 63 | Section 4. Subsection (3) and paragraph (a) of subsection |
| 64 | (6) of section 100.371, Florida Statutes, are amended to read: |
| 65 | 100.371 Initiatives; procedure for placement on ballot.-- |
| 66 | (3) An initiative petition form circulated for signature |
| 67 | may not be bundled with or attached to any other petition. Each |
| 68 | signature shall be dated when made and shall be valid for a |
| 69 | period of 2 4 years following such date, provided all other |
| 70 | requirements of law are met. The sponsor shall submit signed and |
| 71 | dated forms to the appropriate supervisor of elections for |
| 72 | verification as to the number of registered electors whose valid |
| 73 | signatures appear thereon. Petition forms must be submitted to |
| 74 | the supervisor of elections within 45 days after the date on |
| 75 | which the petition was signed in order to be valid. The |
| 76 | supervisor shall promptly verify the signatures within 30 days |
| 77 | after of receipt of the petition forms and payment of the fee |
| 78 | required by s. 99.097. The supervisor shall promptly record, in |
| 79 | the manner prescribed by the Secretary of State, the date each |
| 80 | form is received by the supervisor, and the date the signature |
| 81 | on the form is verified as valid. The supervisor may verify that |
| 82 | the signature on a form is valid only if: |
| 83 | (a) The form contains the original signature of the |
| 84 | purported elector. |
| 85 | (b) The purported elector has accurately recorded on the |
| 86 | form the date on which he or she signed the form. |
| 87 | (c) The form accurately sets forth the purported elector's |
| 88 | name, street address, county, and voter registration number or |
| 89 | date of birth. |
| 90 | (d) The purported elector is, at the time he or she signs |
| 91 | the form, a duly qualified and registered elector authorized to |
| 92 | vote in the county in which his or her signature is submitted. |
| 93 |
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| 94 | The supervisor shall retain the signature forms for at least 1 |
| 95 | year following the election in which the issue appeared on the |
| 96 | ballot or until the Division of Elections notifies the |
| 97 | supervisors of elections that the committee which circulated the |
| 98 | petition is no longer seeking to obtain ballot position. |
| 99 | (6)(a) An elector's signature on a petition form may be |
| 100 | revoked within 150 days of the date on which he or she signed |
| 101 | the petition form by submitting to the appropriate supervisor of |
| 102 | elections a signed petition-revocation form. |
| 103 | Section 5. Subsection (2) of section 101.64, Florida |
| 104 | Statutes, is amended to read: |
| 105 | 101.64 Delivery of absentee ballots; envelopes; form.-- |
| 106 | (2) The certificate shall be arranged on the back of the |
| 107 | mailing envelope so that the line for the signature of the |
| 108 | absent elector is across the seal of the envelope; however, no |
| 109 | statement shall appear on the envelope which indicates that a |
| 110 | signature of the voter must cross the seal of the envelope. The |
| 111 | absent elector shall execute the certificate on the envelope. |
| 112 | The supervisor may not place on the mailing envelope any |
| 113 | information indicating the voter's party affiliation or no- |
| 114 | party-affiliation status. |
| 115 | Section 6. Subsection (4), paragraphs (b) and (c) of |
| 116 | subsection (6), and subsection (7) of section 103.091, Florida |
| 117 | Statutes, are amended, subsection (8) of that section is |
| 118 | renumbered as subsection (9), and a new subsection (8) is added |
| 119 | to that section, to read: |
| 120 | 103.091 Political parties.-- |
| 121 | (4) Any political party other than a minor political party |
| 122 | may by rule provide for the membership of its state or county |
| 123 | executive committee to be elected for 4-year terms at the |
| 124 | primary election in each year a presidential election is held. |
| 125 | The political party may adopt any additional requirements for |
| 126 | qualifying for the office of state or county executive committee |
| 127 | member in addition to any other requirements imposed by law. The |
| 128 | terms shall commence on the first day of the month following |
| 129 | each presidential general election; but the names of candidates |
| 130 | for political party offices shall not be placed on the ballot at |
| 131 | any other election. The results of such election shall be |
| 132 | determined by a plurality of the votes cast. In such event, |
| 133 | electors seeking to qualify for such office shall do so with the |
| 134 | Department of State or supervisor of elections not earlier than |
| 135 | noon of the 71st day, or later than noon of the 67th day, |
| 136 | preceding the primary election. The outgoing chair of each |
| 137 | county executive committee shall, within 30 days after the |
| 138 | committee members take office, hold an organizational meeting of |
| 139 | all newly elected members for the purpose of electing officers. |
| 140 | The chair of each state executive committee shall, within 60 |
| 141 | days after the committee members take office, hold an |
| 142 | organizational meeting of all newly elected members for the |
| 143 | purpose of electing officers. |
| 144 | (6) |
| 145 | (b) Each state executive committee shall include, as at- |
| 146 | large committeemen and committeewomen, all members of the United |
| 147 | States Congress representing the State of Florida who are |
| 148 | members of the political party, all statewide elected officials |
| 149 | who are members of the party, 15 10 Florida registered voters |
| 150 | who are members of the party as appointed by the Governor if the |
| 151 | Governor is a member of the party or the senior U.S. Senator who |
| 152 | is a member of the party if the Governor is not a member of the |
| 153 | party, the President of the Senate or the Minority Leader in the |
| 154 | Senate, whichever is a member of the political party, and the |
| 155 | Speaker of the House of Representatives or the Minority Leader |
| 156 | in the House of Representatives, whichever is a member of the |
| 157 | political party, and 10 Florida registered voters who are |
| 158 | members of the party with five appointed by the President of the |
| 159 | Senate or the Minority Leader in the Senate, and five appointed |
| 160 | by the Speaker of the House of Representatives or the Minority |
| 161 | Leader in the House of Representatives, whichever is a member of |
| 162 | the political party, and 20 members of the Legislature who are |
| 163 | members of the political party. Ten of the legislators shall be |
| 164 | appointed with the concurrence of the state chair of the |
| 165 | respective party, as follows: five to be appointed by the |
| 166 | President of the Senate; five by or the Minority Leader in the |
| 167 | Senate, whichever is a member of the political party; and 10 |
| 168 | five by the Speaker of the House of Representatives; and five by |
| 169 | or the Minority Leader in the House, whichever is a member of |
| 170 | the political party. |
| 171 | (c) When a political party allows any member of the state |
| 172 | executive committee to have more than one vote per person, other |
| 173 | than by proxy, in a matter coming before the state executive |
| 174 | committee, the 20 members of the Legislature appointed under |
| 175 | paragraph (b) shall not be appointed to the state executive |
| 176 | committee and the following elected officials who are members of |
| 177 | that political party shall be appointed and shall have the |
| 178 | following votes: |
| 179 | 1. Governor: a number equal to 15 percent of votes cast by |
| 180 | state executive committeemen and committeewomen; |
| 181 | 2. Lieutenant Governor: a number equal to 5 percent of the |
| 182 | votes cast by state executive committeemen and committeewomen; |
| 183 | 3. Each member of the United States Senate representing |
| 184 | the state: a number equal to 10 percent of the votes cast by |
| 185 | state executive committeemen and committeewomen; |
| 186 | 4. Attorney General: a number equal to 5 percent of the |
| 187 | votes cast by state executive committeemen and committeewomen; |
| 188 | 5. Chief Financial Officer: a number equal to 5 percent of |
| 189 | the votes cast by state executive committeemen and |
| 190 | committeewomen; |
| 191 | 6. Commissioner of Agriculture: a number equal to 5 |
| 192 | percent of the votes cast by state executive committeemen and |
| 193 | committeewomen; |
| 194 | 7. President of the Senate: a number equal to 10 percent |
| 195 | of the votes cast by state executive committeemen and |
| 196 | committeewomen; |
| 197 | 8. Minority leader of the Senate: a number equal to 10 |
| 198 | percent of the votes cast by state executive committeemen and |
| 199 | committeewomen; |
| 200 | 9. Speaker of the House of Representatives: a number equal |
| 201 | to 10 percent of the votes cast by state executive committeemen |
| 202 | and committeewomen; |
| 203 | 10. Minority leader of the House of Representatives: a |
| 204 | number equal to 10 percent of the votes cast by state executive |
| 205 | committeemen and committeewomen; and |
| 206 | 11. Each member of the United States House of |
| 207 | Representatives representing the state: a number equal to 1 |
| 208 | percent of the votes cast by state executive committeemen and |
| 209 | committeewomen. |
| 210 | (7) Members of the state executive committee or governing |
| 211 | body may vote by proxy if proxy voting is permitted by party |
| 212 | rule. |
| 213 | (8) Each member of a state executive committee, whether |
| 214 | elected or appointed, shall be considered a full member with all |
| 215 | rights and privileges of that office. |
| 216 | Section 7. Subsection (2) of section 106.08, Florida |
| 217 | Statutes, is amended to read: |
| 218 | 106.08 Contributions; limitations on.-- |
| 219 | (2)(a) A candidate may not accept contributions from |
| 220 | national, state, including any subordinate committee of a |
| 221 | national, state, or county committee of a political party, and |
| 222 | county executive committees of a political party, which |
| 223 | contributions in the aggregate exceed $50,000, no more than |
| 224 | $25,000 of which may be accepted prior to the 28-day period |
| 225 | immediately preceding the date of the general election. |
| 226 | (b) A candidate for statewide office may not accept |
| 227 | contributions from national, state, or county executive |
| 228 | committees of a political party, including any subordinate |
| 229 | committee of a national, state, or county committee of a |
| 230 | political party, which contributions in the aggregate exceed |
| 231 | $250,000, no more than $125,000 of which may be accepted prior |
| 232 | to the 28-day period immediately preceding the date of the |
| 233 | general election. Polling services, research services, costs for |
| 234 | campaign staff, including office expenses, professional |
| 235 | consulting services, communications media, and telephone calls |
| 236 | are not contributions to be counted toward the contribution |
| 237 | limits of paragraph (a) or this paragraph. Any item not |
| 238 | expressly identified in this paragraph as nonallocable is a |
| 239 | contribution in an amount equal to the fair market value of the |
| 240 | item and must be counted as allocable toward the contribution |
| 241 | limits of paragraph (a) or this paragraph. Nonallocable, in-kind |
| 242 | contributions must be reported by the candidate under s. 106.07 |
| 243 | and by the political party under s. 106.29. |
| 244 | Section 8. Subsection (1) of section 106.29, Florida |
| 245 | Statutes, is amended to read: |
| 246 | 106.29 Reports by political parties; restrictions on |
| 247 | contributions and expenditures; penalties.-- |
| 248 | (1) The state executive committee and each county |
| 249 | executive committee of each political party regulated by chapter |
| 250 | 103 shall file regular reports of all contributions received and |
| 251 | all expenditures made by such committee. Such reports shall |
| 252 | contain the same information as do reports required of |
| 253 | candidates by s. 106.07, except that expenditures for salaries |
| 254 | may be reported in the aggregate. Such reports and shall be |
| 255 | filed on the 10th day following the end of each calendar |
| 256 | quarter, except that, during the period from the last day for |
| 257 | candidate qualifying until the general election, such reports |
| 258 | shall be filed on the Friday immediately preceding both the |
| 259 | primary election and the general election. In addition to the |
| 260 | reports filed under this section, the state executive committee |
| 261 | and each county executive committee shall file a copy of each |
| 262 | prior written acceptance of an in-kind contribution given by the |
| 263 | committee during the preceding calendar quarter as required |
| 264 | under s. 106.08(6). Each state executive committee shall file |
| 265 | the original and one copy of its reports with the Division of |
| 266 | Elections. Each county executive committee shall file its |
| 267 | reports with the supervisor of elections in the county in which |
| 268 | such committee exists. Any state or county executive committee |
| 269 | failing to file a report on the designated due date shall be |
| 270 | subject to a fine as provided in subsection (3). No separate |
| 271 | fine shall be assessed for failure to file a copy of any report |
| 272 | required by this section. |
| 273 | Section 9. Section 106.295, Florida Statutes, is amended |
| 274 | to read: |
| 275 | 106.295 Leadership fund.-- |
| 276 | (1) For purposes of this section: |
| 277 | (a) "Leadership fund" means accounts comprised of any |
| 278 | moneys contributed to a political party, directly or indirectly, |
| 279 | which are designated to be used at the partial or total |
| 280 | discretion of a leader. |
| 281 | (b) "Leader" means the President of the Senate, the |
| 282 | Speaker of the House of Representatives, the majority leader and |
| 283 | the minority leader of each house, and any person designated by |
| 284 | a political caucus of members of either house to succeed to any |
| 285 | such position. |
| 286 | (2) Notwithstanding any other provision of law, leadership |
| 287 | funds are authorized prohibited in this state. No leader shall |
| 288 | accept any leadership funds. |
| 289 | (3) This section applies to leadership funds in existence |
| 290 | on or after January 1, 1990. |
| 291 | Section 10. If any provision of this act or its |
| 292 | application to any person or circumstance is held invalid, the |
| 293 | invalidity does not affect other provisions or applications of |
| 294 | the act which can be given effect without the invalid provision |
| 295 | or application, and to this end the provisions of this act are |
| 296 | severable. |
| 297 | Section 11. This act shall take effect upon becoming a |
| 298 | law. |
| 299 |
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| 300 | ----------------------------------------------------- |
| 301 | T I T L E A M E N D M E N T |
| 302 | Remove the entire title and insert: |
| 303 | A bill to be entitled |
| 304 | An act relating to elections; amending s. 98.075, F.S.; |
| 305 | providing methods for removing the names of deceased |
| 306 | persons from the statewide voter registration system; |
| 307 | amending s. 98.0981, F.S.; revising requirements for |
| 308 | reporting election results at the precinct level; amending |
| 309 | s. 100.111, F.S.; providing that a candidate for a |
| 310 | legislative or county office is deemed elected after |
| 311 | winning an open primary; providing that a vacancy in |
| 312 | nomination is not created if a nominee did not properly |
| 313 | qualify or does not meet the necessary qualifications to |
| 314 | hold the office sought; amending s. 100.371, F.S.; |
| 315 | revising the number of years that an initiative petition |
| 316 | is valid; requiring that a petition form be submitted |
| 317 | within a specified period after the date on which the |
| 318 | petition was signed in order to be valid; deleting a |
| 319 | limitation on the period for revoking a signature on a |
| 320 | petition form; amending s. 101.64, F.S.; prohibiting a |
| 321 | supervisor from placing certain information on a mailing |
| 322 | envelope containing an absentee ballot; amending s. |
| 323 | 103.091, F.S.; authorizing a political party to adopt |
| 324 | additional qualifying requirements for certain offices; |
| 325 | authorizing certain members of a political party to vote |
| 326 | by proxy if proxy voting is permitted by party rule; |
| 327 | providing that an elected or appointed member of the state |
| 328 | executive committee shall be considered a full member of |
| 329 | the committee; amending s. 106.08, F.S.; deleting |
| 330 | provisions limiting the amount of contributions certain |
| 331 | candidates may accept during a specified period preceding |
| 332 | a general election; revising the list of items that a |
| 333 | political party may provide to candidates; amending s. |
| 334 | 106.29, F.S.; authorizing the reporting of expenditures |
| 335 | for salaries in the aggregate in certain executive |
| 336 | committee reports; amending s. 106.295, F.S.; eliminating |
| 337 | a prohibition on leadership funds; providing for |
| 338 | severability; providing an effective date. |