Florida Senate - 2022 SB 1722
By Senator Jones
35-01167A-22 20221722__
1 A bill to be entitled
2 An act relating to elections; repealing s. 97.029,
3 F.S., relating to civil actions challenging the
4 validity of election laws; repealing s. 97.0291, F.S.,
5 relating to a prohibition on the use of private funds
6 for election-related expenses; amending s. 97.0575,
7 F.S.; revising the time period within which a third
8 party voter registration organization must deliver
9 voter registration applications to the Division of
10 Elections of the Department of State or to a
11 supervisor of elections; deleting provisions relating
12 to certain notification requirements; amending s.
13 97.1031, F.S.; revising information that an elector
14 must provide to a supervisor of elections when the
15 elector changes his or her residence address; amending
16 s. 101.051, F.S.; deleting a prohibition on the
17 solicitation of voters at drop box locations;
18 conforming a provision to changes made by the act;
19 amending s. 101.62, F.S.; revising requirements for
20 vote-by-mail ballot requests; revising information
21 that a supervisor is required to record for each vote
22 by-mail ballot request the supervisor receives;
23 deleting a prohibition against mailing vote-by-mail
24 ballots to certain voters; amending s. 101.64, F.S.;
25 deleting provisions relating to information included
26 on vote-by-mail ballot mailing envelopes and secrecy
27 envelopes; amending s. 101.69, F.S.; deleting
28 provisions authorizing the use of certain secure drop
29 boxes during certain hours; deleting provisions
30 requiring the monitoring of secure drop boxes;
31 deleting provisions relating to the designation of
32 drop box sites; deleting provisions relating to the
33 retrieval of ballots from secure drop boxes; deleting
34 provisions subjecting a supervisor to certain civil
35 penalties in certain circumstances; amending s.
36 102.031, F.S.; deleting provisions prohibiting certain
37 solicitation activities within a specified area
38 surrounding a drop box; revising a definition;
39 deleting a provision restricting certain persons from
40 prohibiting the solicitation of voters by a candidate
41 or a candidate’s designee outside of the no
42 solicitation zone; repealing s. 104.0616, F.S.,
43 relating to vote-by-mail ballots and voting; providing
44 an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Section 97.029, Florida Statutes, is repealed.
49 Section 2. Section 97.0291, Florida Statutes, is repealed.
50 Section 3. Paragraph (a) of subsection (3) of section
51 97.0575, Florida Statutes, is amended to read:
52 97.0575 Third-party voter registrations.—
53 (3)(a) A third-party voter registration organization that
54 collects voter registration applications serves as a fiduciary
55 to the applicant, ensuring that any voter registration
56 application entrusted to the organization, irrespective of party
57 affiliation, race, ethnicity, or gender, must be promptly
58 delivered to the division or the supervisor of elections in the
59 county in which the applicant resides within 14 days after the
60 application was completed by the applicant, but not after
61 registration closes for the next ensuing election. A third-party
62 voter registration organization must notify the applicant at the
63 time the application is collected that the organization might
64 not deliver the application to the division or the supervisor of
65 elections in the county in which the applicant resides in less
66 than 14 days or before registration closes for the next ensuing
67 election and must advise the applicant that he or she may
68 deliver the application in person or by mail. The third-party
69 voter registration organization must also inform the applicant
70 how to register online with the division and how to determine
71 whether the application has been delivered. If a voter
72 registration application collected by any third-party voter
73 registration organization is not promptly delivered to the
74 division or supervisor of elections in the county in which the
75 applicant resides, the third-party voter registration
76 organization is liable for the following fines:
77 1. A fine in the amount of $50 for each application
78 received by the division or the supervisor of elections in the
79 county in which the applicant resides more than 14 days after
80 the applicant delivered the completed voter registration
81 application to the third-party voter registration organization
82 or any person, entity, or agent acting on its behalf. A fine in
83 the amount of $250 for each application received if the third
84 party voter registration organization or person, entity, or
85 agency acting on its behalf acted willfully.
86 2. A fine in the amount of $100 for each application
87 collected by a third-party voter registration organization or
88 any person, entity, or agent acting on its behalf, before book
89 closing for any given election for federal or state office and
90 received by the division or the supervisor of elections in the
91 county in which the applicant resides after the book-closing
92 deadline for such election. A fine in the amount of $500 for
93 each application received if the third-party registration
94 organization or person, entity, or agency acting on its behalf
95 acted willfully.
96 3. A fine in the amount of $500 for each application
97 collected by a third-party voter registration organization or
98 any person, entity, or agent acting on its behalf, which is not
99 submitted to the division or supervisor of elections in the
100 county in which the applicant resides. A fine in the amount of
101 $1,000 for any application not submitted if the third-party
102 voter registration organization or person, entity, or agency
103 acting on its behalf acted willfully.
104
105 The aggregate fine pursuant to this paragraph which may be
106 assessed against a third-party voter registration organization,
107 including affiliate organizations, for violations committed in a
108 calendar year is $1,000.
109 Section 4. Subsection (1) of section 97.1031, Florida
110 Statutes, is amended to read:
111 97.1031 Notice of change of residence, change of name, or
112 change of party affiliation.—
113 (1)(a) When an elector changes his or her residence
114 address, the elector must notify the supervisor of elections.
115 Except as provided in paragraph (b), an address change must be
116 submitted using a voter registration application.
117 (b) If the address change is within the state and notice is
118 provided to the supervisor of elections of the county where the
119 elector has moved, the elector may do so by:
120 1. Contacting the supervisor of elections via telephone or
121 electronic means, in which case the elector must provide his or
122 her date of birth and the last four digits of his or her social
123 security number, his or her Florida driver license number, or
124 his or her Florida identification card number, whichever may be
125 verified in the supervisor’s records; or
126 2. Submitting the change on a voter registration
127 application or other signed written notice.
128 Section 5. Subsections (2) and (5) of section 101.051,
129 Florida Statutes, are amended to read:
130 101.051 Electors seeking assistance in casting ballots;
131 oath to be executed; forms to be furnished.—
132 (2) It is unlawful for any person to be in the voting booth
133 with any elector except as provided in subsection (1). A person
134 at a polling place, a drop box location, or an early voting
135 site, or within 150 feet of a drop box location or the entrance
136 of a polling place or an early voting site, may not solicit any
137 elector in an effort to provide assistance to vote pursuant to
138 subsection (1). Any person who violates this subsection commits
139 a misdemeanor of the first degree, punishable as provided in s.
140 775.082 or s. 775.083.
141 (5) If an elector needing assistance requests that a person
142 other than an election official provide him or her with
143 assistance in voting, the clerk or one of the inspectors shall
144 require the person providing assistance to take the following
145 oath:
146
147 DECLARATION TO PROVIDE ASSISTANCE
148
149 State of Florida
150 County of ....
151 Date ....
152 Precinct ....
153
154 I, ...(Print name)..., have been requested by ...(print
155 name of elector needing assistance)... to provide him or her
156 with assistance to vote. I swear or affirm that I am not the
157 employer, an agent of the employer, or an officer or agent of
158 the union of the voter and that I have not solicited this voter
159 at the polling place, drop box location, or early voting site or
160 within 150 feet of such locations in an effort to provide
161 assistance.
162
163 ...(Signature of assistor)...
164
165 Sworn and subscribed to before me this .... day of ....,
166 ...(year)....
167
168 ...(Signature of Official Administering Oath)...
169 Section 6. Paragraph (b) of subsection (1), subsection (3),
170 and subsection (7) of section 101.62, Florida Statutes, are
171 amended to read:
172 101.62 Request for vote-by-mail ballots.—
173 (1)(b) The supervisor may accept a written, an in-person,
174 or a telephonic request for a vote-by-mail ballot to be mailed
175 to an elector’s address on file in the Florida Voter
176 Registration System from the elector, or, if directly instructed
177 by the elector, a member of the elector’s immediate family, or
178 the elector’s legal guardian. If an in-person or a telephonic
179 request is made, the elector must provide the elector’s Florida
180 driver license number, the elector’s Florida identification card
181 number, or the last four digits of the elector’s social security
182 number, whichever may be verified in the supervisor’s records.
183 If the ballot is requested to be mailed to an address other than
184 the elector’s address on file in the Florida Voter Registration
185 System, the request must be made in writing. A written request
186 must be signed by the elector and include the elector’s Florida
187 driver license number, the elector’s Florida identification card
188 number, or the last four digits of the elector’s social security
189 number. However, an absent uniformed service voter or an
190 overseas voter seeking a vote-by-mail ballot is not required to
191 submit a signed, written request for a vote-by-mail ballot that
192 is being mailed to an address other than the elector’s address
193 on file in the Florida Voter Registration System. For purposes
194 of this section, the term “immediate family” has the same
195 meaning as specified in paragraph (4)(c). The person making the
196 request must disclose:
197 1. The name of the elector for whom the ballot is
198 requested.
199 2. The elector’s address.
200 3. The elector’s date of birth.
201 4. The elector’s Florida driver license number, the
202 elector’s Florida identification card number, or the last four
203 digits of the elector’s social security number, whichever may be
204 verified in the supervisor’s records.
205 5. The requester’s name.
206 5.6. The requester’s address.
207 6.7. The requester’s driver license number, the requester’s
208 identification card number, or the last four digits of the
209 requester’s social security number, if available.
210 7.8. The requester’s relationship to the elector.
211 8.9. The requester’s signature (written requests only).
212 (3) For each request for a vote-by-mail ballot received,
213 the supervisor shall record: the date the request was made; the
214 identity of the voter’s designee making the request, if any; the
215 Florida driver license number, Florida identification card
216 number, or last four digits of the social security number of the
217 elector provided with a written request; the date the vote-by
218 mail ballot was delivered to the voter or the voter’s designee
219 or the date the vote-by-mail ballot was delivered to the post
220 office or other carrier; the address to which the ballot was
221 mailed or the identity of the voter’s designee to whom the
222 ballot was delivered; the date the ballot was received by the
223 supervisor; the absence of the voter’s signature on the voter’s
224 certificate, if applicable; whether the voter’s certificate
225 contains a signature that does not match the elector’s signature
226 in the registration books or precinct register; and such other
227 information he or she may deem necessary. This information shall
228 be provided in electronic format as provided by division rule.
229 The information shall be updated and made available no later
230 than 8 a.m. of each day, including weekends, beginning 60 days
231 before the primary until 15 days after the general election and
232 shall be contemporaneously provided to the division. This
233 information shall be confidential and exempt from s. 119.07(1)
234 and shall be made available to or reproduced only for the voter
235 requesting the ballot, a canvassing board, an election official,
236 a political party or official thereof, a candidate who has filed
237 qualification papers and is opposed in an upcoming election, and
238 registered political committees for political purposes only.
239 (7) Except as expressly authorized for voters having a
240 disability under s. 101.662, for overseas voters under s.
241 101.697, or for local referenda under ss. 101.6102 and 101.6103,
242 a county, municipality, or state agency may not send a vote-by
243 mail ballot to a voter unless the voter has requested a vote-by
244 mail ballot in the manner authorized under this section.
245 Section 7. Subsection (1) of section 101.64, Florida
246 Statutes, is amended to read:
247 101.64 Delivery of vote-by-mail ballots; envelopes; form.—
248 (1)(a) The supervisor shall enclose with each vote-by-mail
249 ballot two envelopes: a secrecy envelope, into which the absent
250 elector shall enclose his or her marked ballot; and a mailing
251 envelope, into which the absent elector shall then place the
252 secrecy envelope, which shall be addressed to the supervisor and
253 also bear on the back side a certificate in substantially the
254 following form:
255
256 Note: Please Read Instructions Carefully Before
257 Marking Ballot and Completing Voter’s Certificate.
258
259 VOTER’S CERTIFICATE
260 I, ...., do solemnly swear or affirm that I am a qualified
261 and registered voter of .... County, Florida, and that I have
262 not and will not vote more than one ballot in this election. I
263 understand that if I commit or attempt to commit any fraud in
264 connection with voting, vote a fraudulent ballot, or vote more
265 than once in an election, I can be convicted of a felony of the
266 third degree and fined up to $5,000 and/or imprisoned for up to
267 5 years. I also understand that failure to sign this certificate
268 will invalidate my ballot.
269 ...(Date)... ...(Voter’s Signature)...
270 ...(E-Mail Address)... ...(Home Telephone Number)...
271 ...(Mobile Telephone Number)...
272
273 (b) Each return mailing envelope must bear the absent
274 elector’s name and any encoded mark used by the supervisor’s
275 office.
276 (c) A mailing envelope or secrecy envelope may not bear any
277 indication of the political affiliation of an absent elector.
278 Section 8. Subsections (2) and (3) of section 101.69,
279 Florida Statutes, are amended to read:
280 101.69 Voting in person; return of vote-by-mail ballot.—
281 (2)(a) The supervisor shall allow an elector who has
282 received a vote-by-mail ballot to physically return a voted
283 vote-by-mail ballot to the supervisor by placing the return mail
284 envelope containing his or her marked ballot in a secure drop
285 box. Secure drop boxes shall be placed at the main office of the
286 supervisor, at each permanent branch office of the supervisor,
287 and at each early voting site. Secure drop boxes may also be
288 placed at any other site that would otherwise qualify as an
289 early voting site under s. 101.657(1). Drop boxes must be
290 geographically located so as to provide all voters in the county
291 with an equal opportunity to cast a ballot, insofar as is
292 practicable. Except for secure drop boxes at an office of the
293 supervisor, a secure drop box may only be used during the
294 county’s early voting hours of operation and must be monitored
295 in person by an employee of the supervisor’s office. A secure
296 drop box at an office of the supervisor must be continuously
297 monitored in person by an employee of the supervisor’s office
298 when the drop box is accessible for deposit of ballots.
299 (b) A supervisor shall designate each drop box site at
300 least 30 days before an election. The supervisor shall provide
301 the address of each drop box location to the division at least
302 30 days before an election. After a drop box location has been
303 designated, it may not be moved or changed except as approved by
304 the division to correct a violation of this subsection.
305 (c)1. On each day of early voting, all drop boxes must be
306 emptied at the end of early voting hours and all ballots
307 retrieved from the drop boxes must be returned to the
308 supervisor’s office.
309 2. For drop boxes located at an office of the supervisor,
310 all ballots must be retrieved before the drop box is no longer
311 monitored by an employee of the supervisor.
312 3. Employees of the supervisor must comply with procedures
313 for the chain of custody of ballots as required by s.
314 101.015(4).
315 (3) If any drop box is left accessible for ballot receipt
316 other than as authorized by this section, the supervisor is
317 subject to a civil penalty of $25,000. The division is
318 authorized to enforce this provision.
319 Section 9. Paragraphs (a), (b), and (e) of subsection (4)
320 of section 102.031, Florida Statutes, are amended to read:
321 102.031 Maintenance of good order at polls; authorities;
322 persons allowed in polling rooms and early voting areas;
323 unlawful solicitation of voters.—
324 (4)(a) No person, political committee, or other group or
325 organization may solicit voters inside the polling place or
326 within 150 feet of a drop box or the entrance to any polling
327 place, a polling room where the polling place is also a polling
328 room, an early voting site, or an office of the supervisor where
329 vote-by-mail ballots are requested and printed on demand for the
330 convenience of electors who appear in person to request them.
331 Before the opening of a drop box location, a polling place, or
332 an early voting site, the clerk or supervisor shall designate
333 the no-solicitation zone and mark the boundaries.
334 (b) For the purpose of this subsection, the terms “solicit”
335 or “solicitation” shall include, but not be limited to, seeking
336 or attempting to seek any vote, fact, opinion, or contribution;
337 distributing or attempting to distribute any political or
338 campaign material, leaflet, or handout; conducting a poll except
339 as specified in this paragraph; seeking or attempting to seek a
340 signature on any petition; and selling or attempting to sell any
341 item; and engaging in any activity with the intent to influence
342 or effect of influencing a voter. The terms “solicit” or
343 “solicitation” may not be construed to prohibit an employee of,
344 or a volunteer with, the supervisor from providing nonpartisan
345 assistance to voters within the no-solicitation zone such as,
346 but not limited to, giving items to voters, or to prohibit exit
347 polling.
348 (e) The owner, operator, or lessee of the property on which
349 a polling place or an early voting site is located, or an agent
350 or employee thereof, may not prohibit the solicitation of voters
351 by a candidate or a candidate’s designee outside of the no
352 solicitation zone during polling hours.
353 Section 10. Section 104.0616, Florida Statutes, is
354 repealed.
355 Section 11. This act shall take effect upon becoming a law.