Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 90
       
       
       
       
       
       
                                Ì869832?Î869832                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/20/2021           .                                
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       The Committee on Rules (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (t) of subsection (2) of section
    6  97.052, Florida Statutes, is amended to read:
    7         97.052 Uniform statewide voter registration application.—
    8         (2) The uniform statewide voter registration application
    9  must be designed to elicit the following information from the
   10  applicant:
   11         (t)1. Whether the applicant has never been convicted of a
   12  felony and, if convicted, has had his or her voting rights
   13  restored by including the statement “I affirm I have never been
   14  convicted of a felony or, if I have been, my rights relating to
   15  voting have been restored.” and providing a box for the
   16  applicant to check to affirm the statement.
   17         2. Whether the applicant has been convicted of a felony,
   18  and if convicted, has had his or her civil rights restored
   19  through executive clemency, by including the statement “If I
   20  have been convicted of a felony, I affirm my voting rights have
   21  been restored by the Board of Executive Clemency.” and providing
   22  a box for the applicant to check to affirm the statement.
   23         3. Whether the applicant has been convicted of a felony
   24  and, if convicted, has had his or her voting rights restored
   25  pursuant s. 4, Art. VI of the State Constitution, by including
   26  the statement “If I have been convicted of a felony, I affirm my
   27  voting rights have been restored pursuant to s. 4, Art. VI of
   28  the State Constitution upon the completion of all terms of my
   29  sentence, including parole or probation.” and providing a box
   30  for the applicant to check to affirm the statement.
   31         Section 2. Effective July 1, 2022, section 97.0525, Florida
   32  Statutes, is amended to read:
   33         97.0525 Online voter registration.—
   34         (1) Beginning October 1, 2017, An applicant may submit an
   35  online voter registration application using the procedures set
   36  forth in this section.
   37         (2) The division shall establish and maintain a secure
   38  Internet website that safeguards an applicant’s information to
   39  ensure data integrity and permits an applicant to:
   40         (a) Submit a voter registration application, including
   41  first-time voter registration applications and updates to
   42  current voter registration records.
   43         (b) Submit information necessary to establish an
   44  applicant’s eligibility to vote, pursuant to s. 97.041, which
   45  includes the information required for the uniform statewide
   46  voter registration application pursuant to s. 97.052(2).
   47         (c) Swear to the oath required pursuant to s. 97.051.
   48         (3)(a) The online voter registration system must shall
   49  comply with the information technology security provisions of s.
   50  282.318 and must shall use a unique identifier for each
   51  applicant to prevent unauthorized persons from altering a
   52  voter’s registration information. For an applicant to update his
   53  or her voter registration record, he or she must provide his or
   54  her date of birth and either his or her Florida driver license
   55  number or the identification number from a Florida
   56  identification card issued under s. 322.051 or the last four
   57  digits of the his or her social security number if the applicant
   58  has not been issued a Florida driver license or identification
   59  card.
   60         (b) The division shall conduct a comprehensive risk
   61  assessment of the online voter registration system before making
   62  the system publicly available and every 2 years thereafter. The
   63  comprehensive risk assessment must comply with the risk
   64  assessment methodology developed by the Department of Management
   65  Services for identifying security risks, determining the
   66  magnitude of such risks, and identifying areas that require
   67  safeguards. In addition, the comprehensive risk assessment must
   68  incorporate all of the following:
   69         1. Load testing and stress testing to ensure that the
   70  online voter registration system has sufficient capacity to
   71  accommodate foreseeable use, including during periods of high
   72  volume of website users in the week immediately preceding the
   73  book-closing deadline for an election.
   74         2. Screening of computers and networks used to support the
   75  online voter registration system for malware and other
   76  vulnerabilities.
   77         3. Evaluation of database infrastructure, including
   78  software and operating systems, in order to fortify defenses
   79  against cyberattacks.
   80         4. Identification of any anticipated threats to the
   81  security and integrity of data collected, maintained, received,
   82  or transmitted by the online voter registration system.
   83         (4)(a) In order to submit a voter registration application
   84  through the online voter registration system, an applicant must
   85  provide his or her Florida driver license number or the
   86  identification number from a Florida identification card issued
   87  under s. 322.051; or if an applicant has not been issued a
   88  Florida driver license or Florida identification card, he or she
   89  must provide the last four digits of the applicant’s social
   90  security number.
   91         (b)1.If the applicant has submitted his or her Florida
   92  driver license number or the identification number from a
   93  Florida identification card with a voter registration
   94  application, the online voter registration system shall compare
   95  the Florida driver license number or Florida identification
   96  number submitted pursuant to s. 97.052(2)(n) with information
   97  maintained by the Department of Highway Safety and Motor
   98  Vehicles to confirm that the name and date of birth on the
   99  application are consistent with the records of the Department of
  100  Highway Safety and Motor Vehicles.
  101         2.(b) If the applicant’s name and date of birth are
  102  consistent with the records of the Department of Highway Safety
  103  and Motor Vehicles, the online voter registration system shall
  104  transmit, using the statewide voter registration system
  105  maintained pursuant to s. 98.035, the applicant’s registration
  106  application, along with the digital signature of the applicant
  107  on file with the Department of Highway Safety and Motor
  108  Vehicles, to the supervisor of elections. The applicant’s
  109  digital signature satisfies the signature requirement of s.
  110  97.052(2)(q).
  111         (c)1. If the applicant has submitted the last four digits
  112  of his or her social security number, the online voter
  113  registration system must verify the last four digits of the
  114  social security number in accordance with s. 97.053(6). The
  115  applicant must also provide an electronic image of his or her
  116  signature. The division shall adopt rules to authorize a secure
  117  method for an applicant to upload or otherwise provide a high
  118  quality electronic image of his or her signature through the
  119  online voter registration system.
  120         2. If the last four digits of the applicant’s social
  121  security number are verified pursuant to s. 97.053(6), the
  122  online voter registration system shall transmit, using the
  123  statewide voter registration system maintained pursuant to s.
  124  98.035, the applicant’s registration application, along with the
  125  electronic image of the applicant’s signature provided pursuant
  126  to subparagraph 1., to the supervisor of elections. The
  127  electronic image of the applicant’s signature satisfies the
  128  signature requirement of s. 97.052(2)(q).
  129         (d) If the applicant’s name and date of birth cannot be
  130  verified by the records of the Department of Highway Safety and
  131  Motor Vehicles, or if the last four digits of the applicant’s
  132  social security number cannot be verified applicant indicated
  133  that he or she has not been issued a Florida driver license or
  134  Florida identification card, the online voter registration
  135  system shall populate the applicant’s information into a
  136  printable voter registration application pursuant to s.
  137  97.052(2) and direct the applicant to print, sign, and date the
  138  application and deliver the application to the supervisor of
  139  elections for disposition pursuant to s. 97.073.
  140         (5) Upon submission of a completed online voter
  141  registration application, the website must generate an immediate
  142  electronic confirmation that the supervisor of elections has
  143  received the application and provide instructions regarding the
  144  ability of a registrant to check the status of the application
  145  thereafter.
  146         (6) Except as otherwise provided in this section, the
  147  supervisor of elections shall process the application pursuant
  148  to s. 97.053.
  149         (7) The division shall develop an application programming
  150  interface that allows approved and registered third-party voter
  151  registration organizations to securely collect and submit voter
  152  registration applications electronically through the
  153  organization’s application or website.
  154         (8) The online voter registration system must conform to
  155  nationally accepted standards for accessibility for individuals
  156  with disabilities, including s. 508 of the Rehabilitation Act of
  157  1973, s. 255 of the Telecommunications Act of 1996, and the Web
  158  Content Accessibility Guidelines of the World Wide Web
  159  Consortium, to ensure equal access for voters with disabilities.
  160         (9)(8) A legal distinction may not be made between online
  161  voter registration under this section and voter registration in
  162  person, by mail, or by other methods provided by general law.
  163         Section 3. Paragraph (a) of subsection (5) of section
  164  97.053, Florida Statutes, is amended to read:
  165         97.053 Acceptance of voter registration applications.—
  166         (5)(a) A voter registration application is complete if it
  167  contains the following information necessary to establish the
  168  applicant’s eligibility pursuant to s. 97.041, including:
  169         1. The applicant’s name.
  170         2. The applicant’s address of legal residence, including a
  171  distinguishing apartment, suite, lot, room, or dormitory room
  172  number or other identifier, if appropriate. Failure to include a
  173  distinguishing apartment, suite, lot, room, or dormitory room or
  174  other identifier on a voter registration application does not
  175  impact a voter’s eligibility to register to vote or cast a
  176  ballot, and such an omission may not serve as the basis for a
  177  challenge to a voter’s eligibility or reason to not count a
  178  ballot.
  179         3. The applicant’s date of birth.
  180         4. A mark in the checkbox affirming that the applicant is a
  181  citizen of the United States.
  182         5.a. The applicant’s current and valid Florida driver
  183  license number or the identification number from a Florida
  184  identification card issued under s. 322.051, or
  185         b. If the applicant has not been issued a current and valid
  186  Florida driver license or a Florida identification card, the
  187  last four digits of the applicant’s social security number.
  188  
  189  In case an applicant has not been issued a current and valid
  190  Florida driver license, Florida identification card, or social
  191  security number, the applicant shall affirm this fact in the
  192  manner prescribed in the uniform statewide voter registration
  193  application.
  194         6. A mark in the applicable checkbox affirming that the
  195  applicant has not been convicted of a felony or that, if
  196  convicted, has had his or her civil rights restored through
  197  executive clemency, or has had his or her voting rights restored
  198  pursuant to s. 4, Art. VI of the State Constitution.
  199         7. A mark in the checkbox affirming that the applicant has
  200  not been adjudicated mentally incapacitated with respect to
  201  voting or that, if so adjudicated, has had his or her right to
  202  vote restored.
  203         8. The original signature, an electronic image of a
  204  signature transmitted pursuant to s. 97.0525(4)(c), or a digital
  205  signature transmitted by the Department of Highway Safety and
  206  Motor Vehicles of the applicant swearing or affirming under the
  207  penalty for false swearing pursuant to s. 104.011 that the
  208  information contained in the registration application is true
  209  and subscribing to the oath required by s. 3, Art. VI of the
  210  State Constitution and s. 97.051.
  211         Section 4. Effective July 1, 2022, present subsections (4)
  212  through (12) of section 97.057, Florida Statutes, are
  213  redesignated as subsections (5) through (13), respectively, a
  214  new subsection (4) and subsection (14) are added to that
  215  section, and subsections (1) and (2) of that section are
  216  amended, to read:
  217         97.057 Voter registration by the Department of Highway
  218  Safety and Motor Vehicles.—
  219         (1) The Department of Highway Safety and Motor Vehicles
  220  shall provide the opportunity to register to vote or to update a
  221  voter registration record to each individual who is not
  222  registered to vote in this state who comes to an office of that
  223  department to:
  224         (a) Apply for or renew a driver license;
  225         (b) Apply for or renew an identification card pursuant to
  226  chapter 322; or
  227         (c) Change an address on an existing driver license or
  228  identification card.
  229         (2) The Department of Highway Safety and Motor Vehicles
  230  shall:
  231         (a) Notify each individual subject to subsection (1),
  232  orally or in writing, that:
  233         1. Information gathered for the completion of a driver
  234  license or identification card application, renewal, or change
  235  of address can be automatically transferred to a voter
  236  registration application;
  237         2. If additional information and a signature are provided,
  238  the voter registration application will be completed and sent to
  239  the proper election authority;
  240         3. Information provided can also be used to update a voter
  241  registration record;
  242         4. All declinations will remain confidential and may be
  243  used only for voter registration purposes; and
  244         4.5. The particular driver license office in which the
  245  person applies to register to vote or updates a voter
  246  registration record will remain confidential and may be used
  247  only for voter registration purposes.
  248         (b) Require a driver license examiner to inquire orally or,
  249  if the applicant is hearing impaired, inquire in writing whether
  250  the applicant wishes to register to vote or update a voter
  251  registration record during the completion of a driver license or
  252  identification card application, renewal, or change of address.
  253         1. If the applicant chooses to register to vote or to
  254  update a voter registration record:
  255         a. All applicable information received by the Department of
  256  Highway Safety and Motor Vehicles in the course of filling out
  257  the forms necessary under subsection (1) must be transferred to
  258  a voter registration application.
  259         b. The additional necessary information must be obtained by
  260  the driver license examiner and must not duplicate any
  261  information already obtained while completing the forms required
  262  under subsection (1).
  263         c. A voter registration application with all of the
  264  applicant’s voter registration information required to establish
  265  the applicant’s eligibility pursuant to s. 97.041 must be
  266  presented to the applicant to review and verify the voter
  267  registration information received and provide an electronic
  268  signature affirming the accuracy of the information provided.
  269         2. If the applicant declines to register to vote, update
  270  the applicant’s voter registration record, or change the
  271  applicant’s address by either orally declining or by failing to
  272  sign the voter registration application, the Department of
  273  Highway Safety and Motor Vehicles must note such declination on
  274  its records and shall forward the declination to the statewide
  275  voter registration system.
  276         (4) If a registered or preregistered voter submits a change
  277  of address to the Department of Highway Safety and Motor
  278  Vehicles, or supplies an address of legal residence as part of a
  279  driver license or identification card application or renewal
  280  which differs from the address in the person’s voter
  281  registration record, the Department of Highway Safety and Motor
  282  Vehicles must electronically transmit within 24 hours after
  283  receipt the information necessary to update the person’s voter
  284  registration record to the statewide voter registration system.
  285  The person’s voter registration shall be updated in accordance
  286  with s. 98.065(4)(a).
  287         (14) The Department of Highway Safety and Motor Vehicles
  288  and the Department of State shall prescribe a method by which a
  289  driver license office, upon obtaining a person’s full name, date
  290  of birth, driver license or state identification number, address
  291  of legal residence, and mailing address if different from the
  292  address of legal residence, may immediately use the information
  293  in the statewide voter registration system to determine whether
  294  the person is registered or preregistered to vote in this state
  295  and, if so, whether the person is registered or preregistered at
  296  the address of legal residence the person provided to the
  297  Department of Highway Safety and Motor Vehicles.
  298         Section 5. Effective July 1, 2022, present subsections (3)
  299  through (7) of section 97.0575, Florida Statutes, are
  300  redesignated as subsections (4) through (8), respectively, a new
  301  subsection (3) is added to that section, and paragraph (b) of
  302  present subsection (3) of that section is amended, to read:
  303         97.0575 Third-party voter registrations.—
  304         (3) Upon application by a registered third-party voter
  305  registration organization and approval by the Secretary of
  306  State, a third-party voter registration organization may use the
  307  application programming interface established pursuant to s.
  308  97.0525(7) to securely collect and submit voter registration
  309  applications electronically through the organization’s
  310  application or website. The division shall adopt rules governing
  311  testing requirements and security standards for application
  312  programming interfaces. A third-party voter registration
  313  organization’s application or website may not be denied so long
  314  as it satisfies all testing requirements and security standards
  315  prescribed by rule.
  316         (4)(3)
  317         (b) A showing by the third-party voter registration
  318  organization that the failure to deliver the voter registration
  319  application within the required timeframe is based upon force
  320  majeure, a network outage, or impossibility of performance shall
  321  be an affirmative defense to a violation of this subsection. The
  322  secretary may waive the fines described in this subsection upon
  323  a showing that the failure to deliver the voter registration
  324  application promptly is based upon force majeure, a network
  325  outage, or impossibility of performance.
  326         Section 6. Paragraphs (d), (e), and (f) of subsection (1)
  327  of section 97.0585, Florida Statutes, are amended to read:
  328         97.0585 Public records exemption; information regarding
  329  voters and voter registration; confidentiality.—
  330         (1) The following information held by an agency, as defined
  331  in s. 119.011, and obtained for the purpose of voter
  332  registration is confidential and exempt from s. 119.07(1) and s.
  333  24(a), Art. I of the State Constitution and may be used only for
  334  purposes of voter registration:
  335         (d) Information related to a voter registration applicant’s
  336  or voter’s prior felony conviction and whether such person has
  337  had his or her voting rights restored by the Board of Executive
  338  Clemency or pursuant to s. 4, Art. VI of the State Constitution.
  339         (e) All information concerning preregistered voter
  340  registration applicants who are 16 or 17 years of age.
  341         (e)(f)Paragraph (d) is Paragraphs (d) and (e) are subject
  342  to the Open Government Sunset Review Act in accordance with s.
  343  119.15 and shall stand repealed on October 2, 2024, unless
  344  reviewed and saved from repeal through reenactment by the
  345  Legislature.
  346         Section 7. Effective July 1, 2022, paragraph (a) of
  347  subsection (1) of section 97.1031, Florida Statutes, is amended
  348  to read:
  349         97.1031 Notice of change of residence, change of name, or
  350  change of party affiliation.—
  351         (1)(a) Not including changes of address processed by the
  352  Department of Highway Safety and Motor Vehicles as provided in
  353  s. 97.057(4) when an elector changes his or her residence
  354  address, the elector must notify the supervisor of elections
  355  when changing his or her residence address. Except as provided
  356  in paragraph (b) and s. 97.057(4), an address change must be
  357  submitted using a voter registration application.
  358         Section 8. Effective July 1, 2022, paragraph (b) of
  359  subsection (4) of section 98.045, Florida Statutes, is amended
  360  to read:
  361         98.045 Administration of voter registration.—
  362         (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
  363  STREET ADDRESSES.—
  364         (b) The department shall make the statewide database of
  365  valid street addresses available to the Department of Highway
  366  Safety and Motor Vehicles as provided in s. 97.057(11) s.
  367  97.057(10). The Department of Highway Safety and Motor Vehicles
  368  shall use the database for purposes of validating the legal
  369  residential addresses provided in voter registration
  370  applications received by the Department of Highway Safety and
  371  Motor Vehicles.
  372         Section 9. Effective July 1, 2022, paragraph (a) of
  373  subsection (4) and subsection (5) of section 98.065, Florida
  374  Statutes, are amended to read:
  375         98.065 Registration list maintenance programs.—
  376         (4)(a) If the supervisor receives change-of-address
  377  information pursuant to the activities conducted in subsection
  378  (2), from jury notices signed by the voter and returned to the
  379  courts, from the Department of Highway Safety and Motor Vehicles
  380  pursuant to s. 97.057(4), or from other sources which indicates
  381  that a registered voter’s legal residence might have changed to
  382  another location within the state, the supervisor must change
  383  the registration records to reflect the new address and must
  384  send the voter an address change notice as provided in s.
  385  98.0655(2).
  386         (5) Not including address changes processed in accordance
  387  with s. 97.057(4), a notice may not be issued pursuant to this
  388  section and a voter’s name may not be removed from the statewide
  389  voter registration system later than 90 days before prior to the
  390  date of a federal election. However, this section does not
  391  preclude the removal of the name of a voter from the statewide
  392  voter registration system at any time upon the voter’s written
  393  request, by reason of the voter’s death, or upon a determination
  394  of the voter’s ineligibility as provided in s. 98.075(7).
  395         Section 10. Effective July 1, 2022, subsection (2) of
  396  section 98.0655, Florida Statutes, is amended to read:
  397         98.0655 Registration list maintenance forms.—The department
  398  shall prescribe registration list maintenance forms to be used
  399  by the supervisors which must include:
  400         (2) An address change notice that must be sent to the newly
  401  recorded address of legal residence by forwardable mail,
  402  including a postage prepaid, preaddressed return form with which
  403  the voter may verify or correct the voter’s new address
  404  information. If the voter returns the address change notice and
  405  indicates that the newly recorded address of legal residence is
  406  incorrect, the supervisor must correct the voter’s address
  407  information in his or her voter registration record to reflect
  408  the correct address of legal residence.
  409         Section 11. Present subsections (4) and (5) of section
  410  98.0981, Florida Statutes, are redesignated as subsections (5)
  411  and (6), respectively, and paragraph (d) is added to subsection
  412  (2) and a new subsection (4) is added to that section, to read:
  413         98.0981 Reports; voting history; statewide voter
  414  registration system information; precinct-level election
  415  results; book closing statistics; live turnout data.—
  416         (2) PRECINCT-LEVEL ELECTION RESULTS.—
  417         (d) Supervisors of elections shall publish the precinct
  418  level election results compiled pursuant to this subsection on
  419  their respective websites as the data becomes available.
  420  Supervisors must post the unofficial precinct-level results
  421  until the certified results are available. The webpage including
  422  the data must include a clear and conspicuous disclaimer in bold
  423  type stating at what time the precinct-level data was aggregated
  424  and that the data is subject to change.
  425         (4) LIVE TURNOUT DATA.—Supervisors of elections shall make
  426  live voter turnout data on election day, updated in real time,
  427  available on their respective websites. The supervisors shall
  428  transmit the live turnout data to the division, which must
  429  create and maintain a real-time statewide turnout dashboard that
  430  is available for viewing by the public on its website as the
  431  data becomes available.
  432         Section 12. Paragraphs (b) and (c) of subsection (1) of
  433  section 101.043, Florida Statutes, are amended to read:
  434         101.043 Identification required at polls.—
  435         (1)
  436         (b) If the picture identification does not contain the
  437  signature of the elector, an additional identification that
  438  provides the elector’s signature shall be required. The address
  439  appearing on the identification presented by the elector may not
  440  be used as the basis to confirm an elector’s legal residence or
  441  otherwise challenge an elector’s legal residence. The elector
  442  shall sign his or her name in the space provided on the precinct
  443  register or on an electronic device provided for recording the
  444  elector’s signature. The clerk or inspector shall compare the
  445  signature with that on the identification provided by the
  446  elector and enter his or her initials in the space provided on
  447  the precinct register or on an electronic device provided for
  448  that purpose and allow the elector to vote if the clerk or
  449  inspector is satisfied as to the identity of the elector.
  450         (c) When an elector presents his or her picture
  451  identification to the clerk or inspector and the elector’s
  452  address on the picture identification matches the elector’s
  453  address in the supervisor’s records, the elector may not be
  454  asked to provide additional information or to recite his or her
  455  home address.
  456         Section 13. Subsections (2) and (5) of section 101.051,
  457  Florida Statutes, are amended to read:
  458         101.051 Electors seeking assistance in casting ballots;
  459  oath to be executed; forms to be furnished.—
  460         (2) It is unlawful for any person to be in the voting booth
  461  with any elector except as provided in subsection (1). A person
  462  at a polling place or an early voting site, or within 150 100
  463  feet of the entrance of a polling place or an early voting site,
  464  may not solicit any elector in an effort to provide assistance
  465  to vote pursuant to subsection (1). Any person who violates this
  466  subsection commits a misdemeanor of the first degree, punishable
  467  as provided in s. 775.082 or s. 775.083.
  468         (5) If an elector needing assistance requests that a person
  469  other than an election official provide him or her with
  470  assistance in voting, the clerk or one of the inspectors shall
  471  require the person providing assistance to take the following
  472  oath:
  473  
  474                  DECLARATION TO PROVIDE ASSISTANCE                
  475  
  476  State of Florida
  477  County of ....
  478  Date ....
  479  Precinct ....
  480  
  481         I, ...(Print name)..., have been requested by ...(print
  482  name of elector needing assistance)... to provide him or her
  483  with assistance to vote. I swear or affirm that I am not the
  484  employer, an agent of the employer, or an officer or agent of
  485  the union of the voter and that I have not solicited this voter
  486  at the polling place or early voting site or within 150 100 feet
  487  of such locations in an effort to provide assistance.
  488  
  489  ...(Signature of assistor)...
  490  
  491  Sworn and subscribed to before me this .... day of ....,
  492  ...(year)....
  493  
  494  ...(Signature of Official Administering Oath)...
  495  
  496         Section 14. Subsections (1), (2), and (5) of section
  497  101.131, Florida Statutes, are amended to read:
  498         101.131 Watchers at polls.—
  499         (1) Each political party and each candidate may have one
  500  watcher in each polling room or early voting area at any one
  501  time during the election. A political committee formed for the
  502  specific purpose of expressly advocating the passage or defeat
  503  of an issue on the ballot may have one watcher for each polling
  504  room or early voting area at any one time during the election. A
  505  No watcher may not shall be permitted to come closer to the
  506  officials’ table or the voting booths than is reasonably
  507  necessary to properly perform his or her functions, but is each
  508  shall be allowed within the polling room or early voting area to
  509  watch and observe the conduct of electors and officials. The
  510  poll watchers shall furnish their own materials and necessities
  511  and may shall not obstruct the orderly conduct of any election.
  512  The poll watchers shall pose any questions regarding polling
  513  place procedures directly to the clerk for resolution. They may
  514  not interact with voters in the polling place, polling room,
  515  early voting area, or no-solicitation zone prescribed in s.
  516  102.031. Each poll watcher must either shall be a qualified and
  517  registered elector of the county in which he or she serves or a
  518  member in good standing of The Florida Bar and a qualified and
  519  registered elector of this state.
  520         (2) Each party, each political committee, and each
  521  candidate requesting to have poll watchers shall designate, in
  522  writing to the supervisors of elections, on a form prescribed by
  523  the division, before noon of the second Tuesday preceding the
  524  election poll watchers for each polling room on election day.
  525  Designations of poll watchers for early voting areas must shall
  526  be submitted in writing to the supervisor of elections, on a
  527  form prescribed by the division, before noon at least 14 days
  528  before early voting begins. If the deadline for submitting the
  529  designation form falls on a Saturday, Sunday, or holiday, the
  530  form must be submitted before noon on the next business day. The
  531  poll watchers for polling rooms must shall be approved by the
  532  supervisor of elections on or before the Tuesday before the
  533  election. Poll watchers for early voting areas must shall be
  534  approved by the supervisor of elections no later than 7 days
  535  before early voting begins. The supervisor shall furnish to each
  536  election board a list of the poll watchers designated and
  537  approved for such polling rooms or early voting areas.
  538  Designation of poll watchers shall be made by the chair of the
  539  county executive committee of a political party, the chair of a
  540  political committee, or the candidate requesting to have poll
  541  watchers.
  542         (5) The supervisor of elections shall provide to each
  543  designated poll watcher an, no later than 7 days before early
  544  voting begins, a poll watcher identification badge that
  545  identifies the poll watcher by name. Each poll watcher must wear
  546  his or her identification badge while in the polling room or
  547  early voting area.
  548         Section 15. Paragraph (a) of subsection (4) of section
  549  101.5614, Florida Statutes, is amended to read:
  550         101.5614 Canvass of returns.—
  551         (4)(a) If any vote-by-mail ballot is physically damaged so
  552  that it cannot properly be counted by the voting system’s
  553  automatic tabulating equipment, a true duplicate copy shall be
  554  made of the damaged ballot in the presence of witnesses and
  555  substituted for the damaged ballot. Likewise, A duplicate ballot
  556  must also shall be made of a vote-by-mail ballot containing an
  557  overvoted race or a marked vote-by-mail ballot in which every
  558  race is undervoted, including which shall include all valid
  559  votes as determined by the canvassing board based on rules
  560  adopted by the division pursuant to s. 102.166(4). Upon request,
  561  a physically present candidate, a political party official, a
  562  political committee official, or an authorized designee thereof,
  563  must be allowed to observe the duplication of ballots. All
  564  duplicate ballots shall be clearly labeled “duplicate,” bear a
  565  serial number that which shall be recorded on the defective
  566  ballot, and be counted in lieu of the defective ballot. After a
  567  ballot has been duplicated, the defective ballot shall be placed
  568  in an envelope provided for that purpose, and the duplicate
  569  ballot shall be tallied with the other ballots for that
  570  precinct.
  571         Section 16. Section 101.5617, Florida Statutes, is created
  572  to read:
  573         101.5617 Electronic poll book approval.—
  574         (1) Beginning with the 2022 primary election and each
  575  election thereafter, an electronic poll book may not be used as
  576  a precinct register unless it is approved for such use by the
  577  department.
  578         (2) The department shall adopt rules for the approval of an
  579  electronic poll book which provide that the electronic poll
  580  book, at a minimum, must:
  581         (a) Be secure from unauthorized intrusion.
  582         (b) Contain all information required to be included in a
  583  precinct register under s. 98.461(2).
  584         (c) Be compatible with the statewide voter registration
  585  system and securely transmit changes to a voter’s voting history
  586  to the voter registration system.
  587         (d) Be compatible with a form or device provided by the
  588  supervisor to capture an elector’s signature in accordance with
  589  s. 101.5608(1).
  590         Section 17. Subsection (1) of section 101.6103, Florida
  591  Statutes, is amended to read:
  592         101.6103 Mail ballot election procedure.—
  593         (1) Except as otherwise provided in subsection (7), the
  594  supervisor of elections shall mail all official ballots with a
  595  secrecy envelope, a return mailing envelope, and instructions
  596  sufficient to describe the voting process to each elector
  597  entitled to vote in the election between not sooner than the
  598  40th and 33rd days 20th day before the election but no and not
  599  later than the 10th day before the date of the election. All
  600  such ballots shall be mailed by first-class mail. Ballots shall
  601  be addressed to each elector at the address appearing in the
  602  registration records and placed in an envelope that which is
  603  prominently marked “Do Not Forward.”
  604         Section 18. Paragraph (e) of subsection (4) of section
  605  102.031, Florida Statutes, is amended to read:
  606         102.031 Maintenance of good order at polls; authorities;
  607  persons allowed in polling rooms and early voting areas;
  608  unlawful solicitation of voters.—
  609         (4)
  610         (e) The owner, operator, or lessee of the property on which
  611  a polling place or an early voting site is located, or an agent
  612  or employee thereof, may not prohibit the solicitation of voters
  613  by any candidate or a candidate’s designee outside of the no
  614  solicitation zone during polling hours.
  615         Section 19. Subsection (4) of section 103.091, Florida
  616  Statutes, is amended to read:
  617         103.091 Political parties.—
  618         (4) Any political party other than a minor political party
  619  may by rule provide for the membership of its state or county
  620  executive committee to be elected for 4-year terms at the
  621  primary election in each year a presidential election is held.
  622  The terms begin shall commence on the first day of the month
  623  following each presidential general election,; but the names of
  624  candidates for political party offices may shall not be placed
  625  on the ballot at any other election. The results of such
  626  election shall be determined by a plurality of the votes cast.
  627  In such event, electors seeking to qualify for such office shall
  628  do so with the Department of State or supervisor of elections no
  629  not earlier than noon of the 71st day, or later than noon of the
  630  67th day, preceding the primary election. Notwithstanding the
  631  qualifying period prescribed in this subsection, a qualifying
  632  office may accept and hold qualifying papers submitted no
  633  earlier than 14 days before the beginning of the qualifying
  634  period, to be processed and filed during the qualifying period.
  635  The outgoing chair of each county executive committee shall,
  636  within 30 days after the committee members take office, hold an
  637  organizational meeting of all newly elected members for the
  638  purpose of electing officers. The chair of each state executive
  639  committee shall, within 60 days after the committee members take
  640  office, hold an organizational meeting of all newly elected
  641  members for the purpose of electing officers.
  642         Section 20. Paragraph (a) of subsection (1) of section
  643  106.08, Florida Statutes, is amended, and subsection (11) is
  644  added to that section, to read:
  645         106.08 Contributions; limitations on; preemption.—
  646         (1)(a) Except for political parties or affiliated party
  647  committees, no person or political committee may, in any
  648  election, make contributions in excess of the following amounts:
  649         1. To a candidate for statewide office or for retention as
  650  a justice of the Supreme Court, $3,000. Candidates for the
  651  offices of Governor and Lieutenant Governor on the same ticket
  652  are considered a single candidate for the purpose of this
  653  section.
  654         2. To a candidate for retention as a judge of a district
  655  court of appeal; a candidate for legislative office; a candidate
  656  for multicounty office; a candidate for countywide office or in
  657  any election conducted on less than a countywide basis; or a
  658  candidate for county court judge or circuit judge, $1,000.
  659  
  660  Effective January 1, 2025, and every 5 years thereafter, the
  661  division shall adjust the contribution limits established in
  662  subparagraphs 1. and 2. in an amount equal to the total of the
  663  annual increases for the preceding 5-year period in the Consumer
  664  Price Index for All Urban Consumers, U.S. City Average, All
  665  Items. The division shall round each adjusted amount to the
  666  nearest hundredth. Following each adjustment, the division shall
  667  publish the revised contribution limits on its website.
  668         (11)(a) A county, a municipality, or any other local
  669  governmental entity is expressly preempted from enacting or
  670  adopting:
  671         1. Contribution limits that differ from the limitations
  672  established in subsection (1);
  673         2. Any limitation or restriction involving contributions to
  674  a political committee or an electioneering communications
  675  organization; or
  676         3. Any limitation or restriction on expenditures for an
  677  electioneering communication or an independent expenditure.
  678         (b) Any existing or future limitation or restriction
  679  enacted or adopted by a county, a municipality, or any other
  680  local governmental entity which is in conflict with this
  681  subsection is void.
  682         Section 21. Except as otherwise expressly provided in this
  683  act, this act shall take effect October 1, 2021.
  684  
  685  ================= T I T L E  A M E N D M E N T ================
  686  And the title is amended as follows:
  687         Delete everything before the enacting clause
  688  and insert:
  689                        A bill to be entitled                      
  690         An act relating to elections; amending s. 97.052,
  691         F.S.; revising requirements for the uniform statewide
  692         voter registration application; amending s. 97.0525,
  693         F.S.; authorizing an applicant to submit an online
  694         voter registration application using the last four
  695         digits of the applicant’s social security number;
  696         specifying additional requirements for comprehensive
  697         risk assessments of the online voter registration
  698         system; prescribing procedures for applicants who
  699         submit an application using the last four digits of
  700         their social security numbers; requiring the Division
  701         of Elections to adopt certain rules governing
  702         electronic images of applicants’ signatures; requiring
  703         the online voter registration system to populate a
  704         printable application with an applicant’s information
  705         if the last four digits of his or her social security
  706         number cannot be verified; requiring the division to
  707         develop an application programming interface for use
  708         by third-party voter registration organizations;
  709         amending s. 97.053, F.S.; revising requirements
  710         governing the acceptance of voter registration
  711         applications; amending s. 97.057, F.S.; revising
  712         procedures governing voter registration by the
  713         Department of Highway Safety and Motor Vehicles;
  714         modifying procedures for updates to voter registration
  715         records; providing for the electronic transmittal of
  716         change of address information in accordance with
  717         specified requirements; requiring the Department of
  718         Highway Safety and Motor Vehicles and the Department
  719         of State to prescribe a method to verify the
  720         registration or preregistration status of certain
  721         individuals; amending s. 97.0575, F.S.; authorizing
  722         third-party voter registration organizations to submit
  723         voter registration applications electronically;
  724         requiring the division to adopt rules governing
  725         testing and security requirements for application
  726         programming interfaces used by such organizations;
  727         prohibiting the denial of an organization’s
  728         application or website if testing and security
  729         requirements are met; entitling an organization to an
  730         affirmative defense for failure to timely deliver
  731         voter registration applications if a network outage
  732         occurs; amending s. 97.0585, F.S.; deleting an
  733         exemption from public records requirements for
  734         information related to a voter registration
  735         applicant’s or voter’s prior felony conviction and his
  736         or her restoration of voting rights to conform to
  737         changes made by the act; amending ss. 97.1031, 98.045,
  738         and 98.065, F.S.; conforming provisions and a cross
  739         reference to changes made by the act; amending s.
  740         98.0655, F.S.; requiring the supervisor to update a
  741         voter’s voter registration record if a voter returns
  742         an address change notice due to an incorrect newly
  743         recorded address of legal residence; amending s.
  744         98.0981, F.S.; requiring supervisors to post precinct
  745         level election results on their websites with a
  746         specified disclaimer; requiring supervisors to post
  747         live turnout data for election day voting on their
  748         websites; requiring supervisors to transmit live
  749         turnout data to the Division of Elections; directing
  750         the division to create and maintain a statewide voter
  751         turnout dashboard on its website using such data;
  752         amending s. 101.043, F.S.; deleting a provision that
  753         prohibits the use of an address appearing on
  754         identification presented by an elector at the polls as
  755         a basis to confirm an elector’s legal residence;
  756         deleting a provision that prohibits a clerk or an
  757         inspector from asking an elector to provide additional
  758         identification information under specified
  759         circumstances; amending s. 101.051, F.S.; increasing
  760         the no-solicitation zone surrounding the entrance of a
  761         polling place or an early voting site wherein certain
  762         activities are prohibited; conforming a provision;
  763         amending s. 101.131, F.S.; modifying restrictions
  764         governing poll watcher interaction with voters;
  765         revising requirements for eligibility to serve as a
  766         poll watcher; revising certain deadlines for the
  767         submission of poll watcher designation forms; removing
  768         the requirement that the supervisor of elections
  769         provide poll watcher identification badges in advance
  770         of the election; amending s. 101.5614, F.S.; removing
  771         the requirement that duplicate ballots be made of
  772         vote-by-mail ballots containing overvoted races;
  773         creating s. 101.5617, F.S.; prohibiting the use of
  774         electronic poll books that are not approved by the
  775         Department of State, beginning with the 2022 primary
  776         election; requiring the department to adopt rules that
  777         meet certain minimum criteria; amending s. 101.6103,
  778         F.S.; revising the timeframe in which the supervisor
  779         of elections must mail ballots in elections conducted
  780         under the Mail Ballot Election Act; amending s.
  781         102.031, F.S.; prohibiting owners, operators, or
  782         lessees of property on which polling places or early
  783         voting sites are located from prohibiting the
  784         solicitation of voters by a candidate or a candidate’s
  785         designee outside the no-solicitation zone during
  786         polling hours; amending s. 103.091, F.S.; authorizing
  787         a qualifying office to accept and hold qualifying
  788         papers for candidates for political party executive
  789         committees before the beginning of the qualifying
  790         period; amending s. 106.08, F.S.; requiring the
  791         Division of Elections to periodically adjust campaign
  792         contribution limits for inflation; requiring the
  793         division to publish the adjusted limits on its
  794         website; preempting counties, municipalities, and
  795         other local governmental entities from enacting or
  796         adopting any limitation or restriction involving
  797         certain contributions and expenditures, or
  798         establishing contribution limits different than those
  799         established in the Florida Election Code; providing
  800         applicability; providing effective dates.