Florida Senate - 2015                                    SB 1492
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-01382A-15                                          20151492__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 100.032,
    3         F.S.; requiring a supervisor of elections to submit an
    4         election preparation report to the Department of State
    5         within a specified time; requiring the department to
    6         post the report on its website; amending s. 101.001,
    7         F.S.; requiring a notice of intended changes to
    8         precinct boundaries and polling places to be posted on
    9         the websites of the department and supervisor of
   10         elections within a specified time; requiring a
   11         description of changes to precinct boundaries or
   12         location of polling places to be posted on a
   13         supervisor’s website within a specified time; amending
   14         s. 101.021, F.S.; authorizing an elector with no party
   15         affiliation to vote in a primary election; amending s.
   16         102.031, F.S.; prohibiting certain private property
   17         owners from restricting access to polling places or
   18         early voting sites located on their property during
   19         certain periods; providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 100.032, Florida Statutes, is amended to
   24  read:
   25         100.032 Election preparation report; general election.—At
   26  least 3 months before a general election, each supervisor of
   27  elections must post a report on his or her official website and
   28  submit to the Department of State a report that at least 3
   29  months before a general election which outlines preparations for
   30  the upcoming general election. The report must include, at a
   31  minimum, the following elements: the anticipated staffing levels
   32  during the early voting period, on election day and after
   33  election day; and the anticipated amount of automatic tabulating
   34  equipment at each early voting site and polling place. The
   35  department shall post the report on its official website upon
   36  receipt from the supervisor.
   37         Section 2. Subsection (1) and paragraph (a) of subsection
   38  (4) of section 101.001, Florida Statutes, are amended to read:
   39         101.001 Precincts and polling places; boundaries.—
   40         (1)(a) The board of county commissioners in each county,
   41  upon recommendation and approval of the supervisor, shall alter
   42  or create precincts for voting in the county. Each precinct
   43  shall be numbered and, as nearly as practicable, composed of
   44  contiguous and compact areas. The supervisor shall designate a
   45  polling place at a suitable location within each precinct. The
   46  precinct shall not be changed thereafter except with the consent
   47  of the supervisor and a majority of the members of the board of
   48  county commissioners. The board of county commissioners and the
   49  supervisor may have precinct boundaries conform to municipal
   50  boundaries in accordance with the provisions of s. 101.002, but,
   51  in any event, the registration books shall be maintained in such
   52  a manner that there may be determined therefrom the total number
   53  of electors in each municipality.
   54         (b) At least 60 days before a board of county commissioners
   55  approves or rejects the alteration or creation of a precinct,
   56  and at least 60 days before the supervisor changes the location
   57  of a polling place within a precinct, the supervisor shall
   58  notify the department of the intended change. The supervisor and
   59  the department shall make information regarding the intended
   60  change available on their respective websites.
   61         (4)(a) Within 10 days after there is any change in the
   62  division, number, or boundaries of the precincts, or the
   63  location of the polling places, the supervisor of elections
   64  shall make in writing an accurate description of any new or
   65  altered precincts, setting forth the boundary lines and shall
   66  identify the location of each new or altered polling place. A
   67  copy of the document describing such changes shall be posted at
   68  the supervisor’s office and on the supervisor’s official
   69  website.
   70         Section 3. Section 101.021, Florida Statutes, is amended to
   71  read:
   72         101.021 Elector to vote the primary ballot of the political
   73  party in which he or she is registered; exceptions.—
   74         (1) In a primary election a qualified elector is entitled
   75  to vote the official primary election ballot of the political
   76  party designated in the elector’s registration, and no other. It
   77  is unlawful for an any elector to vote in a primary for a any
   78  candidate running for nomination from a party other than that in
   79  which such elector is registered.
   80         (2) Notwithstanding subsection (1), a qualified elector
   81  with no party affiliation is entitled to vote the official
   82  primary election ballot of any political party. It is unlawful
   83  for an elector with no party affiliation to vote more than one
   84  primary election ballot.
   85         Section 4. Paragraph (d) of subsection (4) of section
   86  102.031, Florida Statutes, is amended, and paragraph (a) of that
   87  subsection is republished, to read:
   88         102.031 Maintenance of good order at polls; authorities;
   89  persons allowed in polling rooms and early voting areas;
   90  unlawful solicitation of voters.—
   91         (4)(a) No person, political committee, or other group or
   92  organization may solicit voters inside the polling place or
   93  within 100 feet of the entrance to any polling place, a polling
   94  room where the polling place is also a polling room, an early
   95  voting site, or an office of the supervisor of elections where
   96  absentee ballots are requested and printed on demand for the
   97  convenience of electors who appear in person to request them.
   98  Before the opening of the polling place or early voting site,
   99  the clerk or supervisor shall designate the no-solicitation zone
  100  and mark the boundaries.
  101         (d) Except as provided in paragraph (a), the supervisor or
  102  the owner of any private property being used by the supervisor,
  103  during the period that the private property is being used as a
  104  polling place or early voting site, may not designate a no
  105  solicitation zone or otherwise restrict access to any person,
  106  political committee, committee of continuous existence,
  107  candidate, or other group or organization for the purposes of
  108  soliciting voters. This paragraph applies to any public or
  109  private property used as a polling place or early voting site,
  110  including public or private property located outside of the no
  111  solicitation zone.
  112         Section 5. This act shall take effect July 1, 2015.