Florida Senate - 2022                                     SB 524
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00305B-22                                            2022524__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 97.0575,
    3         F.S.; removing the limitation on the amount of
    4         aggregate fines that may be assessed in a calendar
    5         year against a third-party voter registration
    6         organization for specified violations; amending s.
    7         99.021, F.S.; revising the candidate oath to require a
    8         candidate to subscribe to an oath or affirmation
    9         regarding outstanding fines, fees, or penalties owed
   10         for certain ethics or campaign finance violations;
   11         creating s. 101.019, F.S.; prohibiting the use of
   12         ranked-choice voting to determine election or
   13         nomination to elective office; voiding existing or
   14         future local ordinances authorizing the use of ranked
   15         choice voting; amending s. 101.657, F.S.; authorizing
   16         the supervisor of elections to designate up to two
   17         additional early voting sites per election in areas of
   18         a county that do not have otherwise eligible
   19         locations; amending s. 105.031, F.S.; revising the
   20         oath for judicial candidates to require a candidate to
   21         subscribe to an oath or affirmation regarding
   22         outstanding fines, fees, or penalties owed for certain
   23         ethics or campaign finance violations; providing
   24         effective dates.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (a) of subsection (3) of section
   29  97.0575, Florida Statutes, is amended to read:
   30         97.0575 Third-party voter registrations.—
   31         (3)(a) A third-party voter registration organization that
   32  collects voter registration applications serves as a fiduciary
   33  to the applicant, ensuring that any voter registration
   34  application entrusted to the organization, irrespective of party
   35  affiliation, race, ethnicity, or gender, must be promptly
   36  delivered to the division or the supervisor of elections in the
   37  county in which the applicant resides within 14 days after the
   38  application was completed by the applicant, but not after
   39  registration closes for the next ensuing election. A third-party
   40  voter registration organization must notify the applicant at the
   41  time the application is collected that the organization might
   42  not deliver the application to the division or the supervisor of
   43  elections in the county in which the applicant resides in less
   44  than 14 days or before registration closes for the next ensuing
   45  election and must advise the applicant that he or she may
   46  deliver the application in person or by mail. The third-party
   47  voter registration organization must also inform the applicant
   48  how to register online with the division and how to determine
   49  whether the application has been delivered. If a voter
   50  registration application collected by any third-party voter
   51  registration organization is not promptly delivered to the
   52  division or supervisor of elections in the county in which the
   53  applicant resides, the third-party voter registration
   54  organization is liable for the following fines:
   55         1. A fine in the amount of $50 for each application
   56  received by the division or the supervisor of elections in the
   57  county in which the applicant resides more than 14 days after
   58  the applicant delivered the completed voter registration
   59  application to the third-party voter registration organization
   60  or any person, entity, or agent acting on its behalf. A fine in
   61  the amount of $250 for each application received if the third
   62  party voter registration organization or person, entity, or
   63  agency acting on its behalf acted willfully.
   64         2. A fine in the amount of $100 for each application
   65  collected by a third-party voter registration organization or
   66  any person, entity, or agent acting on its behalf, before book
   67  closing for any given election for federal or state office and
   68  received by the division or the supervisor of elections in the
   69  county in which the applicant resides after the book-closing
   70  deadline for such election. A fine in the amount of $500 for
   71  each application received if the third-party registration
   72  organization or person, entity, or agency acting on its behalf
   73  acted willfully.
   74         3. A fine in the amount of $500 for each application
   75  collected by a third-party voter registration organization or
   76  any person, entity, or agent acting on its behalf, which is not
   77  submitted to the division or supervisor of elections in the
   78  county in which the applicant resides. A fine in the amount of
   79  $1,000 for any application not submitted if the third-party
   80  voter registration organization or person, entity, or agency
   81  acting on its behalf acted willfully.
   82  
   83  The aggregate fine pursuant to this paragraph which may be
   84  assessed against a third-party voter registration organization,
   85  including affiliate organizations, for violations committed in a
   86  calendar year is $1,000.
   87         Section 2. Effective January 1, 2023, present paragraph (d)
   88  of subsection (1) of section 99.021, Florida Statutes, is
   89  redesignated as paragraph (e), and a new paragraph (d) is added
   90  to that subsection, to read:
   91         99.021 Form of candidate oath.—
   92         (1)
   93         (d) In addition, each candidate, whether a party candidate,
   94  a candidate with no party affiliation, or a write-in candidate,
   95  shall, at the time of subscribing to the oath or affirmation,
   96  state in writing whether he or she owes any outstanding fines,
   97  fees, or penalties that cumulatively exceed $250 for any
   98  violations of s. 8, Art. II of the State Constitution, the Code
   99  of Ethics for Public Officers and Employees under part III of
  100  chapter 112, any local ethics ordinance governing standards of
  101  conduct and disclosure requirements, or chapter 106. If the
  102  candidate owes any outstanding fines, fees, or penalties
  103  exceeding the threshold amount specified in this paragraph, he
  104  or she must also specify in the oath or affirmation the amount
  105  owed and each entity that levied such fine, fee, or penalty. For
  106  purposes of this paragraph, any such fines, fees, or penalties
  107  that have been paid in full at the time of subscribing to the
  108  oath or affirmation are not deemed to be outstanding.
  109         Section 3. Section 101.019, Florida Statutes, is created to
  110  read:
  111         101.019 Ranked-choice voting prohibited.—
  112         (1) A ranked-choice voting method that allows voters to
  113  rank candidates for an office in order of preference and have
  114  ballots cast be tabulated in multiple rounds following the
  115  elimination of a candidate until a single candidate attains a
  116  majority may not be used in determining the election or the
  117  nomination of any candidate to any local, state, or federal
  118  elective office in this state.
  119         (2) Any existing or future ordinance enacted or adopted by
  120  a county, a municipality, or any other local governmental entity
  121  which is in conflict with this section is void.
  122         Section 4. Paragraph (a) of subsection (1) of section
  123  101.657, Florida Statutes, is amended to read:
  124         101.657 Early voting.—
  125         (1)(a) As a convenience to the voter, the supervisor of
  126  elections shall allow an elector to vote early in the main or
  127  branch office of the supervisor. The supervisor shall mark,
  128  code, indicate on, or otherwise track the voter’s precinct for
  129  each early voted ballot. In order for a branch office to be used
  130  for early voting, it shall be a permanent facility of the
  131  supervisor and shall have been designated and used as such for
  132  at least 1 year prior to the election. The supervisor may also
  133  designate any city hall, permanent public library facility,
  134  fairground, civic center, courthouse, county commission
  135  building, stadium, convention center, government-owned senior
  136  center, or government-owned community center as an early voting
  137  site; however, if so designated, the sites must be
  138  geographically located so as to provide all voters in the county
  139  an equal opportunity to cast a ballot, insofar as is
  140  practicable, and must provide sufficient nonpermitted parking to
  141  accommodate the anticipated amount of voters. In addition, a
  142  supervisor may designate up to two one early voting sites site
  143  per election in areas an area of the county that do does not
  144  have any of the eligible early voting locations. Such additional
  145  early voting sites site must be geographically located so as to
  146  provide all voters in such areas that area with an equal
  147  opportunity to cast a ballot, insofar as is practicable, and
  148  must provide sufficient nonpermitted parking to accommodate the
  149  anticipated amount of voters. Each county shall, at a minimum,
  150  operate the same total number of early voting sites for a
  151  general election which the county operated for the 2012 general
  152  election. The results or tabulation of votes cast during early
  153  voting may not be made before the close of the polls on election
  154  day. Results shall be reported by precinct.
  155         Section 5. Effective January 1, 2023, paragraph (a) of
  156  subsection (5) of section 105.031, Florida Statutes, is amended
  157  to read:
  158         105.031 Qualification; filing fee; candidate’s oath; items
  159  required to be filed.—
  160         (5) ITEMS REQUIRED TO BE FILED.—
  161         (a) In order for a candidate for judicial office or the
  162  office of school board member to be qualified, the following
  163  items must be received by the filing officer by the end of the
  164  qualifying period:
  165         1. Except for candidates for retention to judicial office,
  166  a properly executed check drawn upon the candidate’s campaign
  167  account in an amount not less than the fee required by
  168  subsection (3) or, in lieu thereof, the copy of the notice of
  169  obtaining ballot position pursuant to s. 105.035. If a
  170  candidate’s check is returned by the bank for any reason, the
  171  filing officer shall immediately notify the candidate and the
  172  candidate shall, the end of qualifying notwithstanding, have 48
  173  hours from the time such notification is received, excluding
  174  Saturdays, Sundays, and legal holidays, to pay the fee with a
  175  cashier’s check purchased from funds of the campaign account.
  176  Failure to pay the fee as provided in this subparagraph shall
  177  disqualify the candidate.
  178         2. The candidate’s oath required by subsection (4), which
  179  must contain the name of the candidate as it is to appear on the
  180  ballot; the office sought, including the district or group
  181  number if applicable; a statement declaring whether the
  182  candidate owes any outstanding fines, fees, or penalties that
  183  cumulatively exceed $250 for any violations of s. 8, Art. II of
  184  the State Constitution, the Code of Ethics for Public Officers
  185  and Employees under part III of chapter 112, any local ethics
  186  ordinance governing standards of conduct and disclosure
  187  requirements, or chapter 106; and the signature of the
  188  candidate, duly acknowledged. If the candidate owes any
  189  outstanding fines, fees, or penalties exceeding the threshold
  190  amount specified in this paragraph, he or she must also specify
  191  in the oath or affirmation the amount owed and each entity that
  192  levied such fine, fee, or penalty. For purposes of this
  193  subparagraph, any such fines, fees, or penalties that have been
  194  paid in full at the time of subscribing to the oath or
  195  affirmation are not deemed to be outstanding.
  196         3. The loyalty oath required by s. 876.05, signed by the
  197  candidate and duly acknowledged.
  198         4. The completed form for the appointment of campaign
  199  treasurer and designation of campaign depository, as required by
  200  s. 106.021. In addition, each candidate for judicial office,
  201  including an incumbent judge, shall file a statement with the
  202  qualifying officer, within 10 days after filing the appointment
  203  of campaign treasurer and designation of campaign depository,
  204  stating that the candidate has read and understands the
  205  requirements of the Florida Code of Judicial Conduct. Such
  206  statement shall be in substantially the following form:
  207  
  208             Statement of Candidate for Judicial Office            
  209  
  210  I, ...(name of candidate)..., a judicial candidate, have
  211  received, read, and understand the requirements of the Florida
  212  Code of Judicial Conduct.
  213  ...(Signature of candidate)...
  214  ...(Date)...
  215  
  216         5. The full and public disclosure of financial interests
  217  required by s. 8, Art. II of the State Constitution or the
  218  statement of financial interests required by s. 112.3145,
  219  whichever is applicable. A public officer who has filed the full
  220  and public disclosure or statement of financial interests with
  221  the Commission on Ethics or the supervisor of elections prior to
  222  qualifying for office may file a copy of that disclosure at the
  223  time of qualifying.
  224         Section 6. Except as otherwise expressly provided in this
  225  act, this act shall take effect July 1, 2022.