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.