Florida Senate - 2022                                     SB 368
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00344-22                                            2022368__
    1                        A bill to be entitled                      
    2         An act relating to voter registration; amending s.
    3         97.055, F.S.; revising the date by which the
    4         registration books must be closed before an election;
    5         amending s. 97.057, F.S.; revising procedures
    6         governing voter registration by the Department of
    7         Highway Safety and Motor Vehicles; providing that
    8         driver license or identification card applications,
    9         driver license or identification card renewal
   10         applications, and applications for changes of address
   11         for existing driver licenses or identification cards
   12         submitted to the department serve as voter
   13         registration applications; specifying that an
   14         applicant is deemed to have consented to the use of
   15         his or her signature for voter registration purposes,
   16         unless a declination is made; requiring specified
   17         applications to include a voter registration
   18         component, subject to approval by the Department of
   19         State; specifying requirements for the voter
   20         registration component; providing for the transmittal
   21         of voter registration information to the Department of
   22         State and supervisors of elections; amending s.
   23         98.045, F.S.; conforming a cross-reference; providing
   24         effective dates.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 97.055, Florida Statutes, is amended to
   29  read:
   30         97.055 Registration books; when closed for an election.—
   31         (1)(a) The registration books must be closed on the 14th
   32  29th day before each election and must remain closed until after
   33  that election. If an election is called and there are fewer than
   34  14 29 days before that election, the registration books must be
   35  closed immediately.
   36         (b) Except as provided in paragraph (c), when the
   37  registration books are closed for an election, updates to a
   38  voter’s name, address, and signature pursuant to ss. 98.077 and
   39  101.045 shall be the only changes permitted for purposes of the
   40  upcoming election. New voter registration applications must be
   41  accepted but only for the purpose of subsequent elections.
   42         (c) When the registration books are closed for an upcoming
   43  election, an update or change to a voter’s party affiliation
   44  made pursuant to s. 97.1031 shall be permitted for that upcoming
   45  election unless such election is for the purpose of nominating a
   46  political party nominee, in which case the update or change
   47  shall be permitted only for the purpose of subsequent elections.
   48         (2) In computing the 14-day 29-day period for the closing
   49  of the registration books, the day of the election is excluded
   50  and all other days are included. If the 14th 29th day preceding
   51  an election falls on a Sunday or a legal holiday, the
   52  registration books must be closed on the next day that is not a
   53  Sunday or a legal holiday.
   54         Section 2. Effective January 1, 2023, section 97.057,
   55  Florida Statutes, is amended to read:
   56         97.057 Voter registration by the Department of Highway
   57  Safety and Motor Vehicles.—
   58         (1) Each of the following serves as an application The
   59  Department of Highway Safety and Motor Vehicles shall provide
   60  the opportunity to register to vote or to update a voter
   61  registration record when submitted to the Department of Highway
   62  Safety and Motor Vehicles to each individual who comes to an
   63  office of that department to:
   64         (a) An application Apply for a driver license or a renewal
   65  of renew a driver license;
   66         (b) An application Apply for an identification card
   67  pursuant to chapter 322 or a renewal of renew an identification
   68  card pursuant to chapter 322; or
   69         (c) An application for a change of an address on an
   70  existing driver license or identification card.
   71  
   72  Unless the applicant declines to register to vote or to update
   73  his or her voter registration record, he or she is deemed to
   74  have consented to the use of the signature from his or her
   75  driver license or identification card application for voter
   76  registration purposes.
   77         (2) An application for a driver license or an
   78  identification card must include a voter registration component.
   79  The voter registration component must be approved by the
   80  Department of State. The voter registration component of a
   81  driver license or identification card application must contain:
   82         (a) The minimum amount of information necessary to prevent
   83  duplicate voter registrations and preserve the ability of the
   84  department and supervisors of elections to assess the
   85  eligibility of the applicant and administer voter registration
   86  and other provisions of this code.
   87         (b) A statement setting forth voting eligibility
   88  requirements.
   89         (c) An explanation that the applicant is consenting, for
   90  voter registration purposes, to the use of his or her signature
   91  from the applicant’s driver license or identification card
   92  application. By consenting to the use of his or her signature,
   93  the applicant is deemed to have subscribed to the oath required
   94  by s. 3, Art. VI of the State Constitution and s. 97.051 and to
   95  have sworn and affirmed that the voter registration information
   96  contained in the application is true under penalty for false
   97  swearing pursuant to s. 104.011.
   98         (d) An option that allows the applicant to choose or update
   99  a party affiliation; otherwise, an applicant who is initially
  100  registering to vote and does not exercise such option shall be
  101  registered without party affiliation in accordance with s.
  102  97.053(5)(b).
  103         (e) An option that allows the applicant to decline to
  104  register to vote or to decline to update his or her voter
  105  registration record. The Department of Highway Safety and Motor
  106  Vehicles shall note any such declination in its records and
  107  forward the declination to the Department of State. Any
  108  declination may be used only for voter registration purposes and
  109  is confidential and exempt from public records requirements as
  110  provided in s. 97.0585.
  111         (3) The Department of Highway Safety and Motor Vehicles
  112  shall:
  113         (a) Develop a voter registration component for applications
  114  which meets the requirements set forth in subsection (2) Notify
  115  each individual, orally or in writing, that:
  116         1. Information gathered for the completion of a driver
  117  license or identification card application, renewal, or change
  118  of address can be automatically transferred to a voter
  119  registration application;
  120         2. If additional information and a signature are provided,
  121  the voter registration application will be completed and sent to
  122  the proper election authority;
  123         3. Information provided can also be used to update a voter
  124  registration record;
  125         4. All declinations will remain confidential and may be
  126  used only for voter registration purposes; and
  127         5. The particular driver license office in which the person
  128  applies to register to vote or updates a voter registration
  129  record will remain confidential and may be used only for voter
  130  registration purposes.
  131         (b) Require a driver license examiner to inquire orally or,
  132  if the applicant is hearing impaired, inquire in writing whether
  133  the applicant wishes to register to vote or update a voter
  134  registration record during the completion of a driver license or
  135  identification card application, renewal, or change of address.
  136         1. If the applicant chooses to register to vote or to
  137  update a voter registration record:
  138         a. All applicable information received by the Department of
  139  Highway Safety and Motor Vehicles in the course of filling out
  140  the forms necessary under subsection (1) must be transferred to
  141  a voter registration application.
  142         b. The additional necessary information must be obtained by
  143  the driver license examiner and must not duplicate any
  144  information already obtained while completing the forms required
  145  under subsection (1).
  146         c. A voter registration application with all of the
  147  applicant’s voter registration information required to establish
  148  the applicant’s eligibility pursuant to s. 97.041 must be
  149  presented to the applicant to review and verify the voter
  150  registration information received and provide an electronic
  151  signature affirming the accuracy of the information provided.
  152         2. If the applicant declines to register to vote, update
  153  the applicant’s voter registration record, or change the
  154  applicant’s address by either orally declining or by failing to
  155  sign the voter registration application, the Department of
  156  Highway Safety and Motor Vehicles must note such declination on
  157  its records and shall forward the declination to the statewide
  158  voter registration system.
  159         (3) For the purpose of this section, the Department of
  160  Highway Safety and Motor Vehicles, with the approval of the
  161  Department of State, shall prescribe:
  162         (a) A voter registration application that is the same in
  163  content, format, and size as the uniform statewide voter
  164  registration application prescribed under s. 97.052; and
  165         (b) A form that will inform applicants under subsection (1)
  166  of the information contained in paragraph (2)(a).
  167         (4)The Department of Highway Safety and Motor Vehicles
  168  must Electronically transmit the voter registration component of
  169  an applicant’s driver license or identification card application
  170  to the Department of State completed voter registration
  171  applications within 24 hours after receipt to the statewide
  172  voter registration system. Upon receipt of the voter
  173  registration component, the Department of State shall provide
  174  the information to the supervisor of the county in which the
  175  applicant is registering Completed paper voter registration
  176  applications received by the Department of Highway Safety and
  177  Motor Vehicles shall be forwarded within 5 days after receipt to
  178  the supervisor of the county where the office that processed or
  179  received that application is located.
  180         (5) The Department of Highway Safety and Motor Vehicles
  181  must send, with each driver license renewal extension
  182  application authorized pursuant to s. 322.18(8), a uniform
  183  statewide voter registration application, the voter registration
  184  application prescribed under paragraph (3)(a), or a voter
  185  registration application developed especially for the purposes
  186  of this subsection by the Department of Highway Safety and Motor
  187  Vehicles, with the approval of the Department of State, which
  188  must meet the requirements of s. 97.052.
  189         (4)(6) A person providing voter registration services for a
  190  driver license office may not:
  191         (a) Seek to influence an applicant’s political preference
  192  or party registration;
  193         (b) Display any political preference or party allegiance;
  194         (c) Make any statement to an applicant or take any action
  195  the purpose or effect of which is to discourage the applicant
  196  from registering to vote; or
  197         (d) Disclose any applicant’s voter registration information
  198  except as needed for the administration of voter registration.
  199         (5)(7) The Department of Highway Safety and Motor Vehicles
  200  shall collect data determined necessary by the Department of
  201  State for program evaluation and reporting to the Election
  202  Assistance Commission pursuant to federal law.
  203         (6)(8) The Department of Highway Safety and Motor Vehicles
  204  shall must ensure that all voter registration services provided
  205  by driver license offices are in compliance with the Voting
  206  Rights Act of 1965.
  207         (7)(9) The Department of Highway Safety and Motor Vehicles
  208  shall retain complete records of voter registration information
  209  received, processed, and submitted to the Department of State
  210  statewide voter registration system by the Department of Highway
  211  Safety and Motor Vehicles. The maintenance of such These records
  212  is shall be for the explicit purpose of supporting audit and
  213  accounting controls established to ensure accurate and complete
  214  electronic transmission of records between the Department of
  215  State statewide voter registration system and the Department of
  216  Highway Safety and Motor Vehicles.
  217         (8)(10) The Department of State shall provide the
  218  Department of Highway Safety and Motor Vehicles with an
  219  electronic database of street addresses valid for use as the
  220  address of legal residence as required in s. 97.053(5). The
  221  Department of Highway Safety and Motor Vehicles shall compare
  222  the address provided by the applicant against the database of
  223  valid street addresses. If the address provided by the applicant
  224  does not match a valid street address in the database, the
  225  applicant will be asked to verify the address provided. The
  226  Department of Highway Safety and Motor Vehicles may shall not
  227  reject any application for voter registration for which a valid
  228  match cannot be made.
  229         (9)(11) The Department of Highway Safety and Motor Vehicles
  230  shall enter into an agreement with the Department of State to
  231  match information in the statewide voter registration system
  232  with information in the database of the Department of Highway
  233  Safety and Motor Vehicles to the extent required to verify the
  234  accuracy of the driver license number, Florida identification
  235  number, or last four digits of the social security number
  236  provided on applications for voter registration as required in
  237  s. 97.053.
  238         (10)(12) The Department of Highway Safety and Motor
  239  Vehicles shall enter into an agreement with the Commissioner of
  240  Social Security as required by the Help America Vote Act of 2002
  241  to verify the last four digits of the social security number
  242  provided in applications for voter registration as required in
  243  s. 97.053.
  244         (11)(13) The Department of Highway Safety and Motor
  245  Vehicles must assist the Department of State in regularly
  246  identifying changes in residence address on the driver license
  247  or identification card of a voter. The Department of State must
  248  report each such change to the appropriate supervisor of
  249  elections who must change the voter’s registration records in
  250  accordance with s. 98.065(4).
  251         Section 3. Effective January 1, 2023, paragraph (b) of
  252  subsection (4) of section 98.045, Florida Statutes, is amended
  253  to read:
  254         98.045 Administration of voter registration.—
  255         (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
  256  STREET ADDRESSES.—
  257         (b) The department shall make the statewide database of
  258  valid street addresses available to the Department of Highway
  259  Safety and Motor Vehicles as provided in s. 97.057(8) s.
  260  97.057(10). The Department of Highway Safety and Motor Vehicles
  261  shall use the database for purposes of validating the legal
  262  residential addresses provided in voter registration
  263  applications received by the Department of Highway Safety and
  264  Motor Vehicles.
  265         Section 4. Except as otherwise expressly provided in this
  266  act, this act shall take effect July 1, 2022.