Florida Senate - 2010                                     SB 528
       
       
       
       By Senator Justice
       
       
       
       
       16-00160-10                                            2010528__
    1                        A bill to be entitled                      
    2         An act relating to challenging a person desiring to
    3         vote; amending s. 101.111, F.S.; prohibiting a voter
    4         from being challenged on the basis of certain
    5         documents; prohibiting certain persons from submitting
    6         a formal challenge to an individual’s eligibility to
    7         register to vote or to vote in any election under
    8         certain circumstances; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   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, 2010.