Florida Senate - 2020 SB 1354
By Senator Brandes
24-01570-20 20201354__
1 A bill to be entitled
2 An act relating to the statewide voter registration
3 application; amending ss. 97.052 and 97.053, F.S.;
4 revising requirements for the uniform statewide voter
5 registration application and the acceptance of such
6 applications; amending s. 97.0585, F.S.; deleting an
7 exemption from public records requirements for
8 information related to a voter registration
9 applicant’s or voter’s prior felony conviction and his
10 or her restoration of voting rights to conform to
11 changes made by the act; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (t) of subsection (2) of section
16 97.052, Florida Statutes, is amended to read:
17 97.052 Uniform statewide voter registration application.—
18 (2) The uniform statewide voter registration application
19 must be designed to elicit the following information from the
20 applicant:
21 (t)1. Whether the applicant has never been convicted of a
22 felony, and if convicted, has had his or her voting rights
23 restored by including the statement “I affirm I have never been
24 convicted of a felony or, if I have been, my rights relating to
25 voting have been restored.” and providing a box for the
26 applicant to check to affirm the statement.
27 2. Whether the applicant has been convicted of a felony,
28 and if convicted, has had his or her civil rights restored
29 through executive clemency, by including the statement “If I
30 have been convicted of a felony, I affirm my voting rights have
31 been restored by the Board of Executive Clemency.” and providing
32 a box for the applicant to check to affirm the statement.
33 3. Whether the applicant has been convicted of a felony
34 and, if convicted, has had his or her voting rights restored
35 pursuant s. 4, Art. VI of the State Constitution, by including
36 the statement “If I have been convicted of a felony, I affirm my
37 voting rights have been restored pursuant to s. 4, Art. VI of
38 the State Constitution upon the completion of all terms of my
39 sentence, including parole or probation.” and providing a box
40 for the applicant to check to affirm the statement.
41 Section 2. Paragraph (a) of subsection (5) of section
42 97.053, Florida Statutes, is amended to read:
43 97.053 Acceptance of voter registration applications.—
44 (5)(a) A voter registration application is complete if it
45 contains the following information necessary to establish the
46 applicant’s eligibility pursuant to s. 97.041, including:
47 1. The applicant’s name.
48 2. The applicant’s address of legal residence, including a
49 distinguishing apartment, suite, lot, room, or dormitory room
50 number or other identifier, if appropriate. Failure to include a
51 distinguishing apartment, suite, lot, room, or dormitory room or
52 other identifier on a voter registration application does not
53 impact a voter’s eligibility to register to vote or cast a
54 ballot, and such an omission may not serve as the basis for a
55 challenge to a voter’s eligibility or reason to not count a
56 ballot.
57 3. The applicant’s date of birth.
58 4. A mark in the checkbox affirming that the applicant is a
59 citizen of the United States.
60 5.a. The applicant’s current and valid Florida driver
61 license number or the identification number from a Florida
62 identification card issued under s. 322.051, or
63 b. If the applicant has not been issued a current and valid
64 Florida driver license or a Florida identification card, the
65 last four digits of the applicant’s social security number.
66
67 In case an applicant has not been issued a current and valid
68 Florida driver license, Florida identification card, or social
69 security number, the applicant shall affirm this fact in the
70 manner prescribed in the uniform statewide voter registration
71 application.
72 6. A mark in the applicable checkbox affirming that the
73 applicant has not been convicted of a felony or that, if
74 convicted, has had his or her civil rights restored through
75 executive clemency, or has had his or her voting rights restored
76 pursuant to s. 4, Art. VI of the State Constitution.
77 7. A mark in the checkbox affirming that the applicant has
78 not been adjudicated mentally incapacitated with respect to
79 voting or that, if so adjudicated, has had his or her right to
80 vote restored.
81 8. The original signature or a digital signature
82 transmitted by the Department of Highway Safety and Motor
83 Vehicles of the applicant swearing or affirming under the
84 penalty for false swearing pursuant to s. 104.011 that the
85 information contained in the registration application is true
86 and subscribing to the oath required by s. 3, Art. VI of the
87 State Constitution and s. 97.051.
88 Section 3. Paragraphs (d), (e), and (f) of subsection (1)
89 of section 97.0585, Florida Statutes, are amended to read:
90 97.0585 Public records exemption; information regarding
91 voters and voter registration; confidentiality.—
92 (1) The following information held by an agency, as defined
93 in s. 119.011, and obtained for the purpose of voter
94 registration is confidential and exempt from s. 119.07(1) and s.
95 24(a), Art. I of the State Constitution and may be used only for
96 purposes of voter registration:
97 (d) Information related to a voter registration applicant’s
98 or voter’s prior felony conviction and whether such person has
99 had his or her voting rights restored by the Board of Executive
100 Clemency or pursuant to s. 4, Art. VI of the State Constitution.
101 (e) All information concerning preregistered voter
102 registration applicants who are 16 or 17 years of age.
103 (e)(f) Paragraph (d) is Paragraphs (d) and (e) are subject
104 to the Open Government Sunset Review Act in accordance with s.
105 119.15 and shall stand repealed on October 2, 2024, unless
106 reviewed and saved from repeal through reenactment by the
107 Legislature.
108 Section 4. This act shall take effect upon becoming a law.