Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 90
Ì937796fÎ937796
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
04/20/2021 .
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The Committee on Rules (Farmer) recommended the following:
1 Senate Amendment to Amendment (262784) (with title
2 amendment)
3
4 Delete lines 58 - 344
5 and insert:
6 digits of his or her social security number.
7 (4)(a) In order to submit a voter registration application
8 through the online voter registration system, an applicant must
9 provide his or her Florida driver license number or the
10 identification number from a Florida identification card issued
11 under s. 322.051; or the last four digits of the applicant’s
12 social security number.
13 (b)1. If the applicant has submitted his or her Florida
14 driver license number or the identification number from a
15 Florida identification card with a voter registration
16 application, the online voter registration system shall compare
17 the Florida driver license number or Florida identification
18 number submitted pursuant to s. 97.052(2)(n) with information
19 maintained by the Department of Highway Safety and Motor
20 Vehicles to confirm that the name and date of birth on the
21 application are consistent with the records of the Department of
22 Highway Safety and Motor Vehicles.
23 2.(b) If the applicant’s name and date of birth are
24 consistent with the records of the Department of Highway Safety
25 and Motor Vehicles, the online voter registration system shall
26 transmit, using the statewide voter registration system
27 maintained pursuant to s. 98.035, the applicant’s registration
28 application, along with the digital signature of the applicant
29 on file with the Department of Highway Safety and Motor
30 Vehicles, to the supervisor of elections. The applicant’s
31 digital signature satisfies the signature requirement of s.
32 97.052(2)(q).
33 (c)1. If the applicant has submitted the last four digits
34 of his or her social security number, the online voter
35 registration system must verify the last four digits of the
36 social security number in accordance with s. 97.053(6).
37 2. If the last four digits of the applicant’s social
38 security number are verified pursuant to s. 97.053(6), the
39 online voter registration system shall transmit, using the
40 statewide voter registration system maintained pursuant to s.
41 98.035, the applicant’s registration application to the
42 supervisor of elections.
43 (d) If the applicant’s name and date of birth cannot be
44 verified by the records of the Department of Highway Safety and
45 Motor Vehicles, or if the last four digits of the applicant’s
46 social security number cannot be verified applicant indicated
47 that he or she has not been issued a Florida driver license or
48 Florida identification card, the online voter registration
49 system shall populate the applicant’s information into a
50 printable voter registration application pursuant to s.
51 97.052(2) and direct the applicant to print, sign, and date the
52 application and deliver the application to the supervisor of
53 elections for disposition pursuant to s. 97.073.
54 Section 3. Paragraph (a) of subsection (5) and subsection
55 (6) of section 97.053, Florida Statutes, are amended to read:
56 97.053 Acceptance of voter registration applications.—
57 (5)(a) A voter registration application is complete if it
58 contains the following information necessary to establish the
59 applicant’s eligibility pursuant to s. 97.041, including:
60 1. The applicant’s name.
61 2. The applicant’s address of legal residence, including a
62 distinguishing apartment, suite, lot, room, or dormitory room
63 number or other identifier, if appropriate. Failure to include a
64 distinguishing apartment, suite, lot, room, or dormitory room or
65 other identifier on a voter registration application does not
66 impact a voter’s eligibility to register to vote or cast a
67 ballot, and such an omission may not serve as the basis for a
68 challenge to a voter’s eligibility or reason to not count a
69 ballot.
70 3. The applicant’s date of birth.
71 4. A mark in the checkbox affirming that the applicant is a
72 citizen of the United States.
73 5.a. The applicant’s current and valid Florida driver
74 license number or the identification number from a Florida
75 identification card issued under s. 322.051, or
76 b. If the applicant has not been issued a current and valid
77 Florida driver license or a Florida identification card, the
78 last four digits of the applicant’s social security number.
79
80 In case an applicant has not been issued a current and valid
81 Florida driver license, Florida identification card, or social
82 security number, the applicant shall affirm this fact in the
83 manner prescribed in the uniform statewide voter registration
84 application.
85 6. A mark in the applicable checkbox affirming that the
86 applicant has not been convicted of a felony or that, if
87 convicted, has had his or her civil rights restored through
88 executive clemency, or has had his or her voting rights restored
89 pursuant to s. 4, Art. VI of the State Constitution.
90 7. A mark in the checkbox affirming that the applicant has
91 not been adjudicated mentally incapacitated with respect to
92 voting or that, if so adjudicated, has had his or her right to
93 vote restored.
94 8. The original signature or a digital signature
95 transmitted by the Department of Highway Safety and Motor
96 Vehicles of the applicant swearing or affirming under the
97 penalty for false swearing pursuant to s. 104.011 that the
98 information contained in the registration application is true
99 and subscribing to the oath required by s. 3, Art. VI of the
100 State Constitution and s. 97.051.
101 (6) A voter registration application, including an
102 application with a change in name, address, or party
103 affiliation, may be accepted as valid only after the department
104 has verified the authenticity or nonexistence of the driver
105 license number, the Florida identification card number, or the
106 last four digits of the social security number provided by the
107 applicant. If a completed voter registration application has
108 been received by the book-closing deadline but the driver
109 license number, the Florida identification card number, or the
110 last four digits of the social security number provided by the
111 applicant cannot be verified, the applicant shall be notified
112 that the number cannot be verified and that the applicant must
113 provide evidence to the supervisor sufficient to verify the
114 authenticity of the applicant’s driver license number, Florida
115 identification card number, or last four digits of the social
116 security number. If the applicant provides the necessary
117 evidence, the supervisor shall place the applicant’s name on the
118 registration rolls as an active voter. If the applicant has not
119 provided the necessary evidence or the number has not otherwise
120 been verified prior to the applicant presenting himself or
121 herself to vote, the applicant shall be provided a provisional
122 ballot. The provisional ballot shall be counted only if the
123 number is verified by the end of the canvassing period or if the
124 applicant presents evidence to the supervisor of elections
125 sufficient to verify the authenticity of the applicant’s driver
126 license number, Florida identification card number, or last four
127 digits of the social security number no later than 5 p.m. of the
128 second day following the election.
129 Section 4. Paragraphs (c) and (d) of subsection (1),
130 paragraph (a) of subsection (3), and subsection (5) of section
131 97.0575, Florida Statutes, are amended to read:
132 97.0575 Third-party voter registrations.—
133 (1) Before engaging in any voter registration activities, a
134 third-party voter registration organization must register and
135 provide to the division, in an electronic format, the following
136 information:
137 (c) The names, permanent addresses, and temporary
138 addresses, if any, of each registration agent registering
139 persons to vote in this state on behalf of the organization.
140 This paragraph does not apply to persons who only solicit
141 applications and do not collect or handle voter registration
142 applications.
143 (d) A sworn statement from each registration agent employed
144 by or volunteering for the organization stating that the agent
145 will obey all state laws and rules regarding the registration of
146 voters. Such statement must be on a form containing notice of
147 applicable penalties for false registration.
148 (3)(a) A third-party voter registration organization that
149 collects voter registration applications serves as a fiduciary
150 to the applicant, ensuring that any voter registration
151 application entrusted to the organization, irrespective of party
152 affiliation, race, ethnicity, or gender, must shall be promptly
153 delivered to the division or the supervisor of elections in the
154 county in which the applicant resides within 14 days after the
155 applicant completes it, but not after registration closes for
156 the next ensuing election. A third-party voter registration
157 organization must notify the applicant at the time the
158 application is collected that the organization might not deliver
159 the application to the division or the supervisor of elections
160 in less than 14 days or before registration closes for the next
161 ensuing election and must advise the applicant that he or she
162 may deliver the application in person or by mail. The third
163 party voter registration organization must also inform the
164 applicant how to register online with the division and how to
165 determine whether the application has been delivered 48 hours
166 after the applicant completes it or the next business day if the
167 appropriate office is closed for that 48-hour period. If a voter
168 registration application collected by any third-party voter
169 registration organization is not promptly delivered to the
170 division or supervisor of elections, the third-party voter
171 registration organization is liable for the following fines:
172 1. A fine in the amount of $50 for each application
173 received by the division or the supervisor of elections in the
174 county in which the applicant resides more than 14 days 48 hours
175 after the applicant delivered the completed voter registration
176 application to the third-party voter registration organization
177 or any person, entity, or agent acting on its behalf or the next
178 business day, if the office is closed. A fine in the amount of
179 $250 for each application received if the third-party voter
180 registration organization or person, entity, or agency acting on
181 its behalf acted willfully.
182 2. A fine in the amount of $100 for each application
183 collected by a third-party voter registration organization or
184 any person, entity, or agent acting on its behalf, before book
185 closing for any given election for federal or state office and
186 received by the division or the supervisor of elections in the
187 county in which the applicant resides after the book-closing
188 deadline for such election. A fine in the amount of $500 for
189 each application received if the third-party registration
190 organization or person, entity, or agency acting on its behalf
191 acted willfully.
192 3. A fine in the amount of $500 for each application
193 collected by a third-party voter registration organization or
194 any person, entity, or agent acting on its behalf, which is not
195 submitted to the division or supervisor of elections in the
196 county in which the applicant resides. A fine in the amount of
197 $1,000 for any application not submitted if the third-party
198 voter registration organization or person, entity, or agency
199 acting on its behalf acted willfully.
200
201 The aggregate fine pursuant to this paragraph which may be
202 assessed against a third-party voter registration organization,
203 including affiliate organizations, for violations committed in a
204 calendar year is $1,000.
205 (5) The division shall adopt by rule a form to elicit
206 specific information concerning the facts and circumstances from
207 a person who claims to have been registered to vote by a third
208 party voter registration organization but who does not appear as
209 an active voter on the voter registration rolls. The division
210 shall also adopt rules to ensure the integrity of the
211 registration process, including controls to ensure that all
212 completed forms are promptly delivered to the division or an
213 appropriate supervisor rules requiring third-party voter
214 registration organizations to account for all state and federal
215 registration forms used by their registration agents. Such rules
216 may require an organization to provide organization and form
217 specific identification information on each form as determined
218 by the department as needed to assist in the accounting of state
219 and federal registration forms.
220 Section 5. Paragraphs (d), (e), and (f) of subsection (1)
221 of section 97.0585, Florida Statutes, are amended to read:
222 97.0585 Public records exemption; information regarding
223 voters and voter registration; confidentiality.—
224 (1) The following information held by an agency, as defined
225 in s. 119.011, and obtained for the purpose of voter
226 registration is confidential and exempt from s. 119.07(1) and s.
227 24(a), Art. I of the State Constitution and may be used only for
228 purposes of voter registration:
229 (d) Information related to a voter registration applicant’s
230 or voter’s prior felony conviction and whether such person has
231 had his or her voting rights restored by the Board of Executive
232 Clemency or pursuant to s. 4, Art. VI of the State Constitution.
233 (e) All information concerning preregistered voter
234 registration applicants who are 16 or 17 years of age.
235 (e)(f) Paragraph (d) is Paragraphs (d) and (e) are subject
236 to the Open Government Sunset Review Act in accordance with s.
237 119.15 and shall stand repealed on October 2, 2024, unless
238 reviewed and saved from repeal through reenactment by the
239 Legislature.
240 Section 6. Paragraph (b) of subsection (1) and subsection
241 (2) of section 97.1031, Florida Statutes, are amended to read:
242 97.1031 Notice of change of residence, change of name, or
243 change of party affiliation.—
244 (1)
245 (b) If the address change is within the state and notice is
246 provided to the supervisor of elections of the county where the
247 elector has moved, the elector may do so by:
248 1. Contacting the supervisor of elections via telephone or
249 electronic means, in which case the elector must provide his or
250 her date of birth and either his or her Florida driver license
251 number or the identification number from a Florida
252 identification card issued under s. 322.051 or the last four
253 digits of the his or her social security number; or
254 2. Submitting the change on a voter registration
255 application or other signed written notice.
256 (2) When an elector seeks to change party affiliation, the
257 elector shall notify his or her supervisor of elections or other
258 voter registration official by submitting a voter registration
259 application or other using a signed written notice that contains
260 the elector’s date of birth or voter registration number and
261 either his or her Florida driver license number or the
262 identification number from a Florida identification card issued
263 under s. 322.051 or the last four digits of his or her social
264 security number. When an elector changes his or her name by
265 marriage or other legal process, the elector shall notify his or
266 her supervisor of elections or other voter registration official
267 by submitting a voter registration application or other using a
268 signed written notice that contains the elector’s date of birth
269 or voter’s registration number and either his or her Florida
270 driver license number or the identification number from a
271 Florida identification card issued under s. 322.051 or the last
272 four digits of his or her social security number.
273
274 ================= T I T L E A M E N D M E N T ================
275 And the title is amended as follows:
276 Delete lines 915 - 920
277 and insert:
278 registration applications; amending s.