1 | Representative Pafford offered the following: |
2 |
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3 | Substitute Amendment for Amendment (186541) (with title |
4 | amendment) |
5 | Remove lines 508-615 and insert: |
6 | (3) A third-party voter registration organization shall |
7 | turn in each voter registration application received from its |
8 | authorized registration agents regardless of whether the third- |
9 | party voter registration organization believes the voter |
10 | registration application may be invalid or incomplete. If, when |
11 | submitting a voter registration application, a third-party voter |
12 | registration organization also submits information stating why |
13 | the organization believes the application may be invalid or |
14 | incomplete, the third-party voter registration organization |
15 | shall be presumed to be in compliance with this section. |
16 | (1) Prior to engaging in any voter registration |
17 | activities, a third-party voter registration organization shall |
18 | name a registered agent in the state and submit to the division, |
19 | in a form adopted by the division, the name of the registered |
20 | agent and the name of those individuals responsible for the day- |
21 | to-day operation of the third-party voter registration |
22 | organization, including, if applicable, the names of the |
23 | entity's board of directors, president, vice president, managing |
24 | partner, or such other individuals engaged in similar duties or |
25 | functions. On or before the 15th day after the end of each |
26 | calendar quarter, each third-party voter registration |
27 | organization shall submit to the division a report providing the |
28 | date and location of any organized voter registration drives |
29 | conducted by the organization in the prior calendar quarter. |
30 | (2) The failure to submit the information required by |
31 | subsection (1) does not subject the third-party voter |
32 | registration organization to any civil or criminal penalties for |
33 | such failure, and the failure to submit such information is not |
34 | a basis for denying such third-party voter registration |
35 | organization with copies of voter registration application |
36 | forms. |
37 | (4)(a)(3) A third-party voter registration organization |
38 | that collects voter registration applications serves as a |
39 | fiduciary to the applicant, ensuring that any voter registration |
40 | application entrusted to the third-party voter registration |
41 | organization, irrespective of party affiliation, race, |
42 | ethnicity, or gender, shall be promptly delivered to the |
43 | division or the supervisor of elections within 10 calendar days |
44 | after the applicant completes it or the next business day if the |
45 | appropriate office is closed for 10 calendar days. If a voter |
46 | registration application collected by any third-party voter |
47 | registration organization is not promptly delivered to the |
48 | division or supervisor of elections, the third-party voter |
49 | registration organization is shall be liable for the following |
50 | fines: |
51 | 1.(a) A fine in the amount of $50 for each application |
52 | received by the division or the supervisor of elections more |
53 | than 10 calendar days after the applicant delivered the |
54 | completed voter registration application to the third-party |
55 | voter registration organization or any person, entity, or agent |
56 | acting on its behalf or the next business day, if the office is |
57 | closed. A fine in the amount of $250 for each application |
58 | received if the third-party voter registration organization or |
59 | person, entity, or agency acting on its behalf acted willfully. |
60 | 2.(b) A fine in the amount of $100 for each application |
61 | collected by a third-party voter registration organization or |
62 | any person, entity, or agent acting on its behalf, before prior |
63 | to book closing for any given election for federal or state |
64 | office and received by the division or the supervisor of |
65 | elections after the book-closing book closing deadline for such |
66 | election. A fine in the amount of $500 for each application |
67 | received if the third-party registration organization or person, |
68 | entity, or agency acting on its behalf acted willfully. |
69 | 3.(c) A fine in the amount of $500 for each application |
70 | collected by a third-party voter registration organization or |
71 | any person, entity, or agent acting on its behalf, which is not |
72 | submitted to the division or supervisor of elections. A fine in |
73 | the amount of $1,000 for any application not submitted if the |
74 | third-party voter registration organization or person, entity, |
75 | or agency acting on its behalf acted willfully. |
76 |
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77 | The aggregate fine pursuant to this paragraph subsection which |
78 | may be assessed against a third-party voter registration |
79 | organization, including affiliate organizations, for violations |
80 | committed in a calendar year is shall be $1,000. |
81 | (b) A showing by the fines provided in this subsection |
82 | shall be reduced by three-fourths in cases in which the third- |
83 | party voter registration organization that the failure to |
84 | deliver the voter registration application within the required |
85 | timeframe is based upon force majeure or impossibility of |
86 | performance shall be an affirmative defense to a violation of |
87 | this subsection has complied with subsection (1). The secretary |
88 | may shall waive the fines described in this subsection upon a |
89 | showing that the failure to deliver the voter registration |
90 | application promptly is based upon force majeure or |
91 | impossibility of performance. |
92 | (5) If the Secretary of State reasonably believes that a |
93 | person has committed a violation of this section, the secretary |
94 | may refer the matter to the Attorney General for enforcement. |
95 | The Attorney General may institute a civil action for a |
96 | violation of this section or to prevent a violation of this |
97 | section. An action for relief may include a permanent or |
98 | temporary injunction, a restraining order, or any other |
99 | appropriate order. |
100 | (6)(4)(a) The division shall adopt by rule a form to |
101 | elicit specific information concerning the facts and |
102 | circumstances from a person who claims to have been registered |
103 | to vote by a third-party voter registration organization but who |
104 | does not appear as an active voter on the voter registration |
105 | rolls. The division shall also adopt rules to ensure the |
106 | integrity of the registration process, including rules requiring |
107 | third-party voter registration organizations to account for all |
108 | state and federal registration forms used by their registration |
109 | agents. |
110 | (b) The division may investigate any violation of this |
111 | section. Civil fines shall be assessed by the division and |
112 | enforced through any appropriate legal proceedings. |
113 | (7)(5) The date on which an applicant signs a voter |
114 | registration application is presumed to be the date on which the |
115 | third-party voter registration organization received or |
116 | collected the voter registration application. |
117 | (8)(6) The civil fines provided in this section are in |
118 | addition to any applicable criminal penalties. |
119 | (9)(7) Fines collected pursuant to this section shall be |
120 | annually appropriated by the Legislature to the department for |
121 | enforcement of this section and for voter education. |
122 | (10)(8) The division may adopt rules to administer this |
123 | section. |
124 |
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125 |
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126 | ----------------------------------------------------- |
127 | T I T L E A M E N D M E N T |
128 | Remove line 31 and insert: |
129 | any other appropriate order; requiring submission of all voter |
130 | registration applications received by a third-party voter |
131 | registration organization; providing circumstances under which a |
132 | third-party voter registration organization shall be deemed to |
133 | be in compliance with the law when submitting voter registration |
134 | applications; requiring that the division |