| 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 an elector from |
| 4 | being challenged on the basis of certain documents; |
| 5 | prohibiting certain persons from submitting a formal |
| 6 | challenge to an individual's eligibility to register to |
| 7 | vote or to vote in any election under certain |
| 8 | circumstances; providing an 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) An elector may not be challenged on the basis of the |
| 19 | following documents: |
| 20 | (a) An elector caging document, which is a nonforwardable |
| 21 | document that is sent by a person other than a state or local |
| 22 | election official and that is returned to the sender or a third |
| 23 | party as undelivered or undeliverable despite an attempt to |
| 24 | deliver such document to the address of a registered elector or |
| 25 | an applicant for registration; |
| 26 | (b) A list of individuals compiled from elector caging |
| 27 | documents; or |
| 28 | (c) A list produced by matching the information of |
| 29 | registered electors or applicants for voter registration to a |
| 30 | list of individuals who are ineligible to vote by virtue of |
| 31 | death, conviction, change of address, mental incompetence, |
| 32 | foreign citizenship, age, or otherwise, unless one of the pieces |
| 33 | of information matched includes a signature, photograph, or |
| 34 | unique identifying number ensuring that the information from |
| 35 | each source refers to the same individual. |
| 36 | (3) A person who is not a state or local election official |
| 37 | may not submit a formal challenge to an individual's eligibility |
| 38 | to register to vote or to vote in any election if the basis for |
| 39 | such challenge is evidence consisting of an error or omission on |
| 40 | any record or paper relating to any application, registration, |
| 41 | or other act requisite to voting, and if such error or omission |
| 42 | is not material to the individual's eligibility to vote as |
| 43 | provided by law. |
| 44 | Section 2. This act shall take effect July 1, 2010. |