Amendment
Bill No. CS/CS/HB 1355
Amendment No. 438367
CHAMBER ACTION
Senate House
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1Representative Pafford offered the following:
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3     Substitute Amendment for Amendment (186541) (with title
4amendment)
5     Remove lines 508-615 and insert:
6     (3)  A third-party voter registration organization shall
7turn in each voter registration application received from its
8authorized registration agents regardless of whether the third-
9party voter registration organization believes the voter
10registration application may be invalid or incomplete. If, when
11submitting a voter registration application, a third-party voter
12registration organization also submits information stating why
13the organization believes the application may be invalid or
14incomplete, the third-party voter registration organization
15shall be presumed to be in compliance with this section.
16     (1)  Prior to engaging in any voter registration
17activities, a third-party voter registration organization shall
18name a registered agent in the state and submit to the division,
19in a form adopted by the division, the name of the registered
20agent and the name of those individuals responsible for the day-
21to-day operation of the third-party voter registration
22organization, including, if applicable, the names of the
23entity's board of directors, president, vice president, managing
24partner, or such other individuals engaged in similar duties or
25functions. On or before the 15th day after the end of each
26calendar quarter, each third-party voter registration
27organization shall submit to the division a report providing the
28date and location of any organized voter registration drives
29conducted by the organization in the prior calendar quarter.
30     (2)  The failure to submit the information required by
31subsection (1) does not subject the third-party voter
32registration organization to any civil or criminal penalties for
33such failure, and the failure to submit such information is not
34a basis for denying such third-party voter registration
35organization with copies of voter registration application
36forms.
37     (4)(a)(3)  A third-party voter registration organization
38that collects voter registration applications serves as a
39fiduciary to the applicant, ensuring that any voter registration
40application entrusted to the third-party voter registration
41organization, irrespective of party affiliation, race,
42ethnicity, or gender, shall be promptly delivered to the
43division or the supervisor of elections within 10 calendar days
44after the applicant completes it or the next business day if the
45appropriate office is closed for 10 calendar days. If a voter
46registration application collected by any third-party voter
47registration organization is not promptly delivered to the
48division or supervisor of elections, the third-party voter
49registration organization is shall be liable for the following
50fines:
51     1.(a)  A fine in the amount of $50 for each application
52received by the division or the supervisor of elections more
53than 10 calendar days after the applicant delivered the
54completed voter registration application to the third-party
55voter registration organization or any person, entity, or agent
56acting on its behalf or the next business day, if the office is
57closed. A fine in the amount of $250 for each application
58received if the third-party voter registration organization or
59person, entity, or agency acting on its behalf acted willfully.
60     2.(b)  A fine in the amount of $100 for each application
61collected by a third-party voter registration organization or
62any person, entity, or agent acting on its behalf, before prior
63to book closing for any given election for federal or state
64office and received by the division or the supervisor of
65elections after the book-closing book closing deadline for such
66election. A fine in the amount of $500 for each application
67received if the third-party registration organization or person,
68entity, or agency acting on its behalf acted willfully.
69     3.(c)  A fine in the amount of $500 for each application
70collected by a third-party voter registration organization or
71any person, entity, or agent acting on its behalf, which is not
72submitted to the division or supervisor of elections. A fine in
73the amount of $1,000 for any application not submitted if the
74third-party voter registration organization or person, entity,
75or agency acting on its behalf acted willfully.
76
77The aggregate fine pursuant to this paragraph subsection which
78may be assessed against a third-party voter registration
79organization, including affiliate organizations, for violations
80committed in a calendar year is shall be $1,000.
81     (b)  A showing by the fines provided in this subsection
82shall be reduced by three-fourths in cases in which the third-
83party voter registration organization that the failure to
84deliver the voter registration application within the required
85timeframe is based upon force majeure or impossibility of
86performance shall be an affirmative defense to a violation of
87this subsection has complied with subsection (1). The secretary
88may shall waive the fines described in this subsection upon a
89showing that the failure to deliver the voter registration
90application promptly is based upon force majeure or
91impossibility of performance.
92     (5)  If the Secretary of State reasonably believes that a
93person has committed a violation of this section, the secretary
94may refer the matter to the Attorney General for enforcement.
95The Attorney General may institute a civil action for a
96violation of this section or to prevent a violation of this
97section. An action for relief may include a permanent or
98temporary injunction, a restraining order, or any other
99appropriate order.
100     (6)(4)(a)  The division shall adopt by rule a form to
101elicit specific information concerning the facts and
102circumstances from a person who claims to have been registered
103to vote by a third-party voter registration organization but who
104does not appear as an active voter on the voter registration
105rolls. The division shall also adopt rules to ensure the
106integrity of the registration process, including rules requiring
107third-party voter registration organizations to account for all
108state and federal registration forms used by their registration
109agents.
110     (b)  The division may investigate any violation of this
111section. Civil fines shall be assessed by the division and
112enforced through any appropriate legal proceedings.
113     (7)(5)  The date on which an applicant signs a voter
114registration application is presumed to be the date on which the
115third-party voter registration organization received or
116collected the voter registration application.
117     (8)(6)  The civil fines provided in this section are in
118addition to any applicable criminal penalties.
119     (9)(7)  Fines collected pursuant to this section shall be
120annually appropriated by the Legislature to the department for
121enforcement of this section and for voter education.
122     (10)(8)  The division may adopt rules to administer this
123section.
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T I T L E  A M E N D M E N T
128     Remove line 31 and insert:
129any other appropriate order; requiring submission of all voter
130registration applications received by a third-party voter
131registration organization; providing circumstances under which a
132third-party voter registration organization shall be deemed to
133be in compliance with the law when submitting voter registration
134applications; requiring that the division


CODING: Words stricken are deletions; words underlined are additions.