Florida Senate - 2024                                    SB 1256
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01465-24                                           20241256__
    1                        A bill to be entitled                      
    2         An act relating to voter registration applications;
    3         amending s. 97.052, F.S.; revising the information
    4         that the uniform statewide voter registration
    5         application must be designed to elicit; amending s.
    6         97.053, F.S.; providing an exception to a requirement
    7         that certain voter registration applicants must be
    8         registered without party affiliation; amending s.
    9         97.057, F.S.; requiring the Department of Highway
   10         Safety and Motor Vehicles to notify certain
   11         individuals of certain information; requiring a driver
   12         license examiner to make specified inquiries;
   13         prohibiting the department from changing the party
   14         affiliation of an applicant except in certain
   15         circumstances; requiring the department to provide an
   16         applicant with a certain receipt; revising the methods
   17         by which an applicant may decline to register to vote
   18         or update certain voter registration information;
   19         prohibiting a person providing voter registration
   20         services for a driver license office from taking
   21         certain actions; requiring the department to ensure
   22         that information technology processes and updates do
   23         not alter certain information without written consent;
   24         requiring the department to be in full compliance with
   25         the act within a certain period; providing an
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (j) of subsection (2) of section
   31  97.052, Florida Statutes, is amended to read:
   32         97.052 Uniform statewide voter registration application.—
   33         (2) The uniform statewide voter registration application
   34  must be designed to elicit the following information from the
   35  applicant:
   36         (j) Party affiliation or, for an applicant who is
   37  completing the application to update a voter registration record
   38  without changing his or her party affiliation, an indication
   39  that the applicant is choosing not to disclose his or her party
   40  affiliation.
   41         Section 2. Paragraph (b) of subsection (5) of section
   42  97.053, Florida Statutes, is amended to read:
   43         97.053 Acceptance of voter registration applications.—
   44         (5)
   45         (b) An applicant who fails to designate party affiliation
   46  must be registered without party affiliation, except that the
   47  party affiliation of an applicant who is updating a voter
   48  registration record may not be changed unless the applicant
   49  designates and consents in writing to a change in party
   50  affiliation. The supervisor must notify the voter by mail that
   51  the voter has been registered without party affiliation and that
   52  the voter may change party affiliation as provided in s.
   53  97.1031.
   54         Section 3. Subsection (2) and subsection (6) of section
   55  97.057, Florida Statutes, are amended, and subsection (14) is
   56  added to that section, to read:
   57         97.057 Voter registration by the Department of Highway
   58  Safety and Motor Vehicles.—
   59         (2) The Department of Highway Safety and Motor Vehicles
   60  shall:
   61         (a) Notify each individual, orally or in writing, that:
   62         1. Information gathered for the completion of a driver
   63  license or identification card application, renewal, or change
   64  of address can be automatically transferred to a voter
   65  registration application;
   66         2. If additional information and a signature are provided,
   67  the voter registration application will be completed and sent to
   68  the proper election authority;
   69         3. Information provided can also be used to update a voter
   70  registration record, except that party affiliation will not be
   71  changed unless the individual designates a change in party
   72  affiliation and separately consents to such change in writing;
   73         4. All declinations will remain confidential and may be
   74  used only for voter registration purposes; and
   75         5. The particular driver license office in which the person
   76  applies to register to vote or updates a voter registration
   77  record will remain confidential and may be used only for voter
   78  registration purposes.
   79         (b) Require a driver license examiner to inquire orally or,
   80  if the applicant is hearing impaired, inquire in writing whether
   81  the applicant is registered to vote, is not registered to vote,
   82  does not know if he or she is registered to vote, or does not
   83  wish to disclose whether he or she is registered to vote. If the
   84  applicant is not or does not know whether he or she is
   85  registered to vote, the driver license examiner shall inquire
   86  whether the applicant wishes to register to vote and, if the
   87  applicant is registered to vote, the driver license examiner
   88  shall inquire whether the applicant wishes to register to vote
   89  or update a voter registration record during the completion of a
   90  driver license or identification card application, renewal, or
   91  change of address.
   92         1. If the applicant chooses to register to vote or to
   93  update a voter registration record:
   94         a. All applicable information received by the Department of
   95  Highway Safety and Motor Vehicles in the course of filling out
   96  the forms necessary under subsection (1) must be transferred to
   97  a voter registration application.
   98         b. The additional necessary information must be obtained by
   99  the driver license examiner and must not duplicate any
  100  information already obtained while completing the forms required
  101  under subsection (1).
  102         c. A voter registration application with all of the
  103  applicant’s voter registration information required to establish
  104  the applicant’s eligibility pursuant to s. 97.041 must be
  105  presented to the applicant to review and verify the voter
  106  registration information received and provide an electronic
  107  signature affirming the accuracy of the information provided.
  108         d.The voter registration application may not be used to
  109  change the party affiliation of the applicant unless the
  110  applicant designates a change in party affiliation and provides
  111  a separate original signature consenting to the party
  112  affiliation change.
  113         e.After verifying the voter registration information and
  114  providing his or her electronic signature, the applicant must be
  115  provided with a printed receipt that includes such information
  116  and documents any change in party affiliation.
  117         2. If the applicant declines to register to vote, update
  118  the applicant’s voter registration record, or change the
  119  applicant’s address by either orally declining or choosing not
  120  to disclose the applicant’s voter registration status or by
  121  failing to sign the voter registration application, the
  122  Department of Highway Safety and Motor Vehicles must note such
  123  declination on its records and shall forward the declination to
  124  the statewide voter registration system.
  125         (6) A person providing voter registration services for a
  126  driver license office may not:
  127         (a) Make any change to an applicant’s party affiliation
  128  unless the applicant provides a separate original signature
  129  consenting to the party affiliation change or discuss or seek to
  130  influence an applicant’s political preference or party
  131  registration;
  132         (b) Display any political preference or party allegiance;
  133         (c) Make any statement to an applicant or take any action
  134  the purpose or effect of which is to discourage the applicant
  135  from registering to vote; or
  136         (d) Disclose any applicant’s voter registration information
  137  except as needed for the administration of voter registration.
  138         (14)The Department of Highway Safety and Motor Vehicles
  139  shall ensure that information technology processes and updates
  140  do not alter an applicant’s party affiliation without the
  141  written consent of the applicant.
  142         Section 4. The Department of Highway Safety and Motor
  143  Vehicles must be in full compliance with this act within 3
  144  months after this act becomes a law.
  145         Section 5. This act shall take effect upon becoming a law.