Florida Senate - 2013                                     SB 888
       
       
       
       By Senator Braynon
       
       
       
       
       36-01311-13                                            2013888__
    1                        A bill to be entitled                      
    2         An act relating to elections; creating s. 97.0111,
    3         F.S.; providing legislative intent; amending s.
    4         97.041, F.S.; revising the qualifications to register
    5         to vote; authorizing a person who has been convicted
    6         of a felony and has served his or her sentence to
    7         preregister to vote; amending s. 97.052, F.S.;
    8         revising the uniform statewide voter registration
    9         application; amending s. 97.053, F.S.; revising what
   10         constitutes a complete voter registration application;
   11         amending s. 97.057, F.S.; authorizing the Department
   12         of Highway Safety and Motor Vehicles to automatically
   13         register to vote or update a voter registration record
   14         of an eligible individual; requiring the department to
   15         notify the individual that certain information
   16         gathered for the completion of a driver license or
   17         identification card application, renewal, or change of
   18         address is automatically transferred to a voter
   19         registration application or used to update a voter
   20         registration record; requiring a driver license
   21         examiner to notify an applicant that, by applying for,
   22         renewing, or updating a driver license or
   23         identification card, the applicant is consenting to
   24         automatically register to vote or update his or her
   25         voter registration record; authorizing an applicant to
   26         revoke consent to automatically register to vote or
   27         update a voter registration record; requiring that an
   28         applicant who fails to designate party affiliation be
   29         registered without party affiliation; amending s.
   30         98.035, F.S.; revising the requirements of the
   31         statewide voter registration system; amending s.
   32         98.045, F.S.; revising the eligibility requirements
   33         for applicants for voter registration; revising
   34         procedures for removal of registered voters; amending
   35         s. 98.075, F.S.; revising procedures for ineligibility
   36         determinations of registered voters; amending s.
   37         101.045, F.S.; authorizing an elector to vote a
   38         regular ballot at the polling place in the precinct to
   39         which he or she has moved by completing an
   40         affirmation; deleting a requirement that the elector’s
   41         change of residence must occur within the same county
   42         for the elector to be able to vote in the new
   43         precinct; providing an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 97.0111, Florida Statutes, is created to
   48  read:
   49         97.0111Rights of the electorate.—Every citizen who is over
   50  18 years of age and a permanent resident of this state has an
   51  explicit, fundamental right to vote and a guarantee to free,
   52  fair, and accessible elections in this state. The Legislature
   53  declares that it is the policy of this state to protect electors
   54  against discrimination based on gender, race, age, income level,
   55  sexual orientation, gender identity or expression, or
   56  disability. The Legislature further declares that any
   57  restriction on voting rights, or any change in voting practices
   58  or procedures that would diminish access to the ballot, must be
   59  narrowly tailored to serve a compelling government interest.
   60         Section 2. Subsections (1) and (2) of section 97.041,
   61  Florida Statutes, are amended to read:
   62         97.041 Qualifications to register or vote.—
   63         (1)(a) A person may become a registered voter only if that
   64  person:
   65         1. Is at least 18 years of age;
   66         2. Is a citizen of the United States;
   67         3. Is a legal resident of the State of Florida;
   68         4. Is a legal resident of the county in which that person
   69  seeks to be registered; and
   70         5. Registers pursuant to the Florida Election Code.
   71         (b) A person who is otherwise qualified may preregister on
   72  or after that person’s 16th birthday and may vote in any
   73  election occurring on or after that person’s 18th birthday.
   74         (c) A person who has been convicted of a felony by any
   75  court of record and has served his or her sentence may
   76  preregister to vote and may vote in any election after his or
   77  her right to vote has been restored.
   78         (2) The following persons, who might be otherwise
   79  qualified, are not entitled to register or vote:
   80         (a) A person who has been adjudicated mentally
   81  incapacitated with respect to voting in this or any other state
   82  and who has not had his or her right to vote restored pursuant
   83  to law is not entitled to register to vote.
   84         (b) A person who has been convicted of any felony by any
   85  court of record and who has not had his or her right to vote
   86  restored pursuant to law.
   87         Section 3. Subsection (2) of section 97.052, Florida
   88  Statutes, is amended to read:
   89         97.052 Uniform statewide voter registration application.—
   90         (2) The uniform statewide voter registration application
   91  must be designed to elicit the following information from the
   92  applicant:
   93         (a) Last, first, and middle name, including any suffix.
   94         (b) Date of birth.
   95         (c) Address of legal residence.
   96         (d) Mailing address, if different.
   97         (e) County of legal residence.
   98         (f) Race or ethnicity that best describes the applicant:
   99         1. American Indian or Alaskan Native.
  100         2. Asian or Pacific Islander.
  101         3. Black, not Hispanic.
  102         4. White, not Hispanic.
  103         5. Hispanic.
  104         (g) State or country of birth.
  105         (h) Sex.
  106         (i) Party affiliation.
  107         (j) Whether the applicant needs assistance in voting.
  108         (k) Name and address where last registered.
  109         (l) Last four digits of the applicant’s social security
  110  number.
  111         (m) Florida driver driver’s license number or the
  112  identification number from a Florida identification card issued
  113  under s. 322.051.
  114         (n) An indication, if applicable, that the applicant has
  115  not been issued a Florida driver driver’s license, a Florida
  116  identification card, or a social security number.
  117         (o) Telephone number (optional).
  118         (p) Signature of applicant under penalty for false swearing
  119  pursuant to s. 104.011, by which the person subscribes to the
  120  oath required by s. 3, Art. VI of the State Constitution and s.
  121  97.051, and swears or affirms that the information contained in
  122  the registration application is true.
  123         (q) Whether the application is being used for initial
  124  registration, to update a voter registration record, or to
  125  request a replacement voter information card.
  126         (r) Whether the applicant is a citizen of the United States
  127  by asking the question “Are you a citizen of the United States
  128  of America?” and providing boxes for the applicant to check to
  129  indicate whether the applicant is or is not a citizen of the
  130  United States.
  131         (s) Whether the applicant has been convicted of a felony,
  132  and, if convicted, has completed his or her sentence had his or
  133  her civil rights restored by including the statement “I affirm I
  134  am not a convicted felon, or, if I am, I have completed my
  135  sentence my rights relating to voting have been restored.” and
  136  providing a box for the applicant to check to affirm the
  137  statement.
  138         (t) Whether the applicant has been adjudicated mentally
  139  incapacitated with respect to voting or, if so adjudicated, has
  140  had his or her right to vote restored by including the statement
  141  “I affirm I have not been adjudicated mentally incapacitated
  142  with respect to voting, or, if I have, my competency has been
  143  restored.” and providing a box for the applicant to check to
  144  affirm the statement.
  145  
  146  The registration application must be in plain language and
  147  designed so that convicted felons whose civil rights have been
  148  restored and persons who have been adjudicated mentally
  149  incapacitated and have had their voting rights restored are not
  150  required to reveal their prior conviction or adjudication. In
  151  addition, the registration application must indicate that a
  152  convicted felon who has completed his or her sentence is
  153  entitled to preregister to vote and may vote in any election
  154  after his or her right to vote has been restored.
  155         Section 4. Paragraph (a) of subsection (5) of section
  156  97.053, Florida Statutes, is amended to read:
  157         97.053 Acceptance of voter registration applications.—
  158         (5)(a) A voter registration application is complete if it
  159  contains the following information necessary to establish the
  160  applicant’s eligibility pursuant to s. 97.041, including:
  161         1. The applicant’s name.
  162         2. The applicant’s legal residence address.
  163         3. The applicant’s date of birth.
  164         4. A mark in the checkbox affirming that the applicant is a
  165  citizen of the United States.
  166         5.a. The applicant’s current and valid Florida driver
  167  driver’s license number or the identification number from a
  168  Florida identification card issued under s. 322.051, or
  169         b. If the applicant has not been issued a current and valid
  170  Florida driver driver’s license or a Florida identification
  171  card, the last four digits of the applicant’s social security
  172  number.
  173  
  174  In case an applicant has not been issued a current and valid
  175  Florida driver driver’s license, Florida identification card, or
  176  social security number, the applicant shall affirm this fact in
  177  the manner prescribed in the uniform statewide voter
  178  registration application.
  179         6. A mark in the checkbox affirming that the applicant has
  180  not been convicted of a felony or that, if convicted, has
  181  completed his or her sentence has had his or her civil rights
  182  restored.
  183         7. A mark in the checkbox affirming that the applicant has
  184  not been adjudicated mentally incapacitated with respect to
  185  voting or that, if so adjudicated, has had his or her right to
  186  vote restored.
  187         8. The original signature or a digital signature
  188  transmitted by the Department of Highway Safety and Motor
  189  Vehicles of the applicant swearing or affirming under the
  190  penalty for false swearing pursuant to s. 104.011 that the
  191  information contained in the registration application is true
  192  and subscribing to the oath required by s. 3, Art. VI of the
  193  State Constitution and s. 97.051.
  194         Section 5. Subsections (1) and (2) of section 97.057,
  195  Florida Statutes, are amended to read:
  196         97.057 Voter registration by the Department of Highway
  197  Safety and Motor Vehicles.—
  198         (1) The Department of Highway Safety and Motor Vehicles
  199  shall automatically provide the opportunity to register to vote
  200  or to update a voter registration record of to each individual
  201  who comes to an office of that department to:
  202         (a) Apply for or renew a driver driver’s license;
  203         (b) Apply for or renew an identification card pursuant to
  204  chapter 322; or
  205         (c) Change an address on an existing driver driver’s
  206  license or identification card.
  207         (2) The Department of Highway Safety and Motor Vehicles
  208  shall:
  209         (a) Notify each individual, orally or in writing, that:
  210         1. Information gathered for the completion of a driver
  211  driver’s license or identification card application, renewal, or
  212  change of address will can be automatically transferred to a
  213  voter registration application;
  214         2. If additional information and a signature are provided,
  215  the voter registration application will be completed and sent to
  216  the proper election authority;
  217         3. Information provided will can also be used to update a
  218  voter registration record;
  219         4. All declinations will remain confidential and may be
  220  used only for voter registration purposes; and
  221         5. The particular driver license office in which the person
  222  applies to register to vote or updates a voter registration
  223  record will remain confidential and may be used only for voter
  224  registration purposes.
  225         (b) Require a driver driver’s license examiner to notify
  226  inquire orally or, if the applicant is hearing impaired, notify
  227  inquire in writing that by applying for or renewing a driver
  228  license, by applying for or renewing an identification card
  229  pursuant to chapter 322, or by changing an address on an
  230  existing driver license or identification card, the qualified
  231  applicant is consenting to register to vote or to update his or
  232  her voter registration record. However, the applicant may revoke
  233  consent by notifying the driver license examiner, orally or in
  234  writing, that he or she chooses not to automatically register to
  235  vote or update his or her voter registration record whether the
  236  applicant wishes to register to vote or update a voter
  237  registration record during the completion of a driver’s license
  238  or identification card application, renewal, or change of
  239  address.
  240         1. If the applicant does not revoke consent to
  241  automatically chooses to register to vote or to update his or
  242  her a voter registration record:
  243         a. All applicable information received by the Department of
  244  Highway Safety and Motor Vehicles in the course of filling out
  245  the forms necessary under subsection (1) must be transferred to
  246  a voter registration application.
  247         b. The additional necessary information must be obtained by
  248  the driver driver’s license examiner and must not duplicate any
  249  information already obtained while completing the forms required
  250  under subsection (1).
  251         c. A voter registration application with all of the
  252  applicant’s voter registration information required to establish
  253  the applicant’s eligibility pursuant to s. 97.041 must be
  254  presented to the applicant to review and verify the voter
  255  registration information received and provide an electronic
  256  signature affirming the accuracy of the information provided.
  257         d. A qualified applicant who is automatically registered to
  258  vote under this section and who fails to designate party
  259  affiliation must be registered without party affiliation
  260  pursuant to s. 97.053(5)(b).
  261         2. If the applicant revokes consent to automatically
  262  declines to register to vote or, update his or her the
  263  applicant’s voter registration record, or change the applicant’s
  264  address by either orally declining orally or in writing or by
  265  failing to sign the voter registration application, the
  266  Department of Highway Safety and Motor Vehicles must note such
  267  declination on its records and shall forward the declination to
  268  the statewide voter registration system.
  269         Section 6. Section 98.035, Florida Statutes, is amended to
  270  read:
  271         98.035 Statewide voter registration system; implementation,
  272  operation, and maintenance.—
  273         (1) The Secretary of State, as chief election officer of
  274  the state, shall implement, operate, and maintain be responsible
  275  for implementing, operating, and maintaining, in a uniform and
  276  nondiscriminatory manner, a single, uniform, official,
  277  centralized, interactive, computerized statewide voter
  278  registration system as required by the Help America Vote Act of
  279  2002. The department may adopt rules to administer this section.
  280         (2) The statewide voter registration system must contain
  281  the name and registration information of every legally
  282  registered voter in the state. All voters shall be assigned a
  283  unique identifier. The system shall be the official list of
  284  registered voters in the state and shall provide secured access
  285  by authorized voter registration officials. The system shall
  286  enable voter registration officials to provide, access, and
  287  update voter registration information.
  288         (3) The statewide voter registration system, accessible
  289  through the department’s website, must allow any registered
  290  voter of this state to:
  291         (a) Review his or her existing voter registration record.
  292         (b) Determine the polling place to which the voter is
  293  currently assigned and the assigned polling place associated
  294  with any valid residential address within the state.
  295         (c) Update his or her address, party affiliation, or name
  296  in the voter’s existing registration record.
  297         (d) Request to replace his or her voter information card.
  298         (4) If a registered voter updates his or her existing voter
  299  registration record after the book-closing date before an
  300  upcoming election through the statewide voter registration
  301  system, the system must notify the voter that the update will
  302  not take effect for the upcoming election. However, if the voter
  303  submitted a change of residence or name after the book-closing
  304  date, the system must notify the voter that he or she may use
  305  the procedure prescribed in s. 101.046.
  306         (5)(3) The department may not contract with any other
  307  entity for the operation of the statewide voter registration
  308  system.
  309         (6)(4) The implementation of the statewide voter
  310  registration system shall not prevent any supervisor of
  311  elections from acquiring, maintaining, or using any hardware or
  312  software necessary or desirable to carry out the supervisor’s
  313  responsibilities related to the use of voter registration
  314  information or the conduct of elections, provided that such
  315  hardware or software does not conflict with the operation of the
  316  statewide voter registration system.
  317         (7)(5) The department may adopt rules governing the access,
  318  use, and operation of the statewide voter registration system to
  319  ensure security, uniformity, and integrity of the system.
  320         Section 7. Subsection (1) and paragraph (a) of subsection
  321  (2) of section 98.045, Florida Statutes, are amended to read:
  322         98.045 Administration of voter registration.—
  323         (1) ELIGIBILITY OF APPLICANT.—The supervisor must ensure
  324  that any eligible applicant for voter registration is registered
  325  to vote and that each application for voter registration is
  326  processed in accordance with law. The supervisor shall determine
  327  whether a voter registration applicant is ineligible based on
  328  any of the following:
  329         (a) The failure to complete a voter registration
  330  application as specified in s. 97.053.
  331         (b) The applicant is deceased.
  332         (c) The applicant has been convicted of a felony for which
  333  his or her civil rights have not been restored.
  334         (c)(d) The applicant has been adjudicated mentally
  335  incapacitated with respect to the right to vote and such right
  336  has not been restored.
  337         (d)(e) The applicant does not meet the age requirement
  338  pursuant to s. 97.041.
  339         (e)(f) The applicant is not a United States citizen.
  340         (f)(g) The applicant is a fictitious person.
  341         (g)(h) The applicant has provided an address of legal
  342  residence that is not his or her legal residence.
  343         (h)(i) The applicant has provided a driver driver’s license
  344  number, Florida identification card number, or the last four
  345  digits of a social security number that is not verifiable by the
  346  department.
  347         (2) REMOVAL OF REGISTERED VOTERS.—
  348         (a) Once a voter is registered, the name of that voter may
  349  not be removed from the statewide voter registration system
  350  except at the written request of the voter, by reason of the
  351  voter’s conviction of a felony or adjudication as mentally
  352  incapacitated with respect to voting, by death of the voter, or
  353  pursuant to a registration list maintenance activity conducted
  354  pursuant to s. 98.065 or s. 98.075. However, a convicted felon
  355  who has served his or her sentence and has preregistered
  356  pursuant to s. 97.041(1)(c) may not be removed from the
  357  statewide voter registration system.
  358         Section 8. Subsections (5) and (6) of section 98.075,
  359  Florida Statutes, are amended to read:
  360         98.075 Registration records maintenance activities;
  361  ineligibility determinations.—
  362         (5) FELONY CONVICTION.—The department shall identify those
  363  registered voters who have been convicted of a felony and whose
  364  rights have not been restored by comparing information received
  365  from, but not limited to, a clerk of the circuit court, the
  366  Board of Executive Clemency, the Department of Corrections, the
  367  Department of Law Enforcement, or a United States Attorney’s
  368  Office, as provided in s. 98.093. The department shall review
  369  such information and make an initial determination as to whether
  370  the information is credible and reliable. If the department
  371  determines that the information is credible and reliable, the
  372  department shall notify the supervisor and provide a copy of the
  373  supporting documentation indicating the potential ineligibility
  374  of the voter to be registered. Upon receipt of the notice that
  375  the department has made a determination of initial credibility
  376  and reliability, the supervisor shall adhere to the procedures
  377  set forth in subsection (7) prior to the removal of a registered
  378  voter’s name from the statewide voter registration system.
  379         (6) OTHER BASES FOR INELIGIBILITY.—If the department or
  380  supervisor receives information from sources other than those
  381  identified in subsections (2)-(5) that a registered voter is
  382  ineligible because he or she is deceased, adjudicated a
  383  convicted felon without having had his or her civil rights
  384  restored, adjudicated mentally incapacitated without having had
  385  his or her voting rights restored, does not meet the age
  386  requirement pursuant to s. 97.041, is not a United States
  387  citizen, is a fictitious person, or has listed a residence that
  388  is not his or her legal residence, the supervisor must adhere to
  389  the procedures set forth in subsection (7) before prior to the
  390  removal of a registered voter’s name from the statewide voter
  391  registration system. However, a convicted felon who has served
  392  his or her sentence and has preregistered pursuant to s.
  393  97.041(1)(c) may not be removed from the statewide voter
  394  registration system.
  395         Section 9. Section 101.045, Florida Statutes, is amended to
  396  read:
  397         101.045 Electors must be registered in precinct; provisions
  398  for change of residence or name.—
  399         (1) A person may is not permitted to vote in any election
  400  precinct or district other than the one in which the person has
  401  his or her legal residence and in which the person is
  402  registered. However, a person temporarily residing outside the
  403  county must shall be registered in the precinct in which the
  404  main office of the supervisor, as designated by the supervisor,
  405  is located if when the person has no permanent address in the
  406  county and if it is the person’s intention to remain a resident
  407  of this state Florida and of the county in which he or she is
  408  registered to vote. Such persons who are registered in the
  409  precinct in which the main office of the supervisor, as
  410  designated by the supervisor, is located and who are residing
  411  outside the county with no permanent address in the county are
  412  shall not be registered electors of a municipality and therefore
  413  may not shall not be permitted to vote in any municipal
  414  election.
  415         (2)(a) An elector who moves from the precinct in which the
  416  elector is registered may be permitted to vote in the precinct
  417  to which he or she has moved his or her legal residence, if the
  418  change of residence is within the same county and the elector
  419  completes an affirmation in substantially the following form:
  420  
  421               Change of Legal Residence of Registered             
  422                                Voter                              
  423  
  424  Under penalties for false swearing, I, ...(Name of voter)...,
  425  swear (or affirm) that the former address of my legal residence
  426  was ...(Address of legal residence)... in the municipality of
  427  ...., in .... County, Florida, and I was registered to vote in
  428  the .... precinct of .... County, Florida; that I have not voted
  429  in the precinct of my former registration in this election; that
  430  I now reside at ...(Address of legal residence)... in the
  431  Municipality of ...., in .... County, Florida, and am therefore
  432  eligible to vote in the .... precinct of .... County, Florida;
  433  and I further swear (or affirm) that I am otherwise legally
  434  registered and entitled to vote.
  435  
  436  ...(Signature of voter whose address of legal residence has
  437  changed)...
  438  
  439         (b) Except for an active uniformed services voter or a
  440  member of his or her family, an elector whose change of address
  441  is from outside the county may not change his or her legal
  442  residence at the polling place and vote a regular ballot;
  443  however, such elector is entitled to vote a provisional ballot.
  444         (b)(c) An elector whose name changes because of marriage or
  445  other legal process may be permitted to vote if the elector,
  446  provided such elector completes an affirmation in substantially
  447  the following form:
  448  
  449                    Change of Name of Registered                   
  450                                Voter                              
  451  
  452  Under penalties for false swearing, I, ...(New name of
  453  voter)..., swear (or affirm) that my name has been changed
  454  because of marriage or other legal process. My former name and
  455  address of legal residence appear on the registration records of
  456  precinct .... as follows:
  457  Name............................................................
  458  Address.........................................................
  459  Municipality....................................................
  460  County..........................................................
  461  Florida, Zip....................................................
  462  My present name and address of legal residence are as follows:
  463  Name............................................................
  464  Address.........................................................
  465  Municipality....................................................
  466  County..........................................................
  467  Florida, Zip....................................................
  468  and I further swear (or affirm) that I am otherwise legally
  469  registered and entitled to vote.
  470  
  471  ...(Signature of voter whose name has changed)...
  472  
  473         (c)(d) Instead of the affirmation contained in paragraph
  474  (a) or paragraph (b) (c), an elector may complete a voter
  475  registration application that indicates the change of name or
  476  change of address of legal residence.
  477         (d)(e) Such affirmation or application, when completed and
  478  presented at the precinct in which such elector is entitled to
  479  vote, and upon verification of the elector’s registration,
  480  entitles shall entitle such elector to vote as provided in this
  481  subsection. If the elector’s eligibility to vote cannot be
  482  determined, he or she is shall be entitled to vote a provisional
  483  ballot, subject to the requirements and procedures in s.
  484  101.048. Upon receipt of an affirmation or application
  485  certifying a change in address of legal residence or name, the
  486  supervisor shall as soon as practicable make the necessary
  487  changes in the statewide voter registration system as soon as
  488  practicable to indicate the change in address of legal residence
  489  or name of such elector.
  490         Section 10. This act shall take effect July 1, 2013.