Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS for CS for SB 1334
Ì607550ÈÎ607550
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/11/2026 10:05 AM .
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Senator Polsky moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 140 - 999
4 and insert:
5 that section, and present subsection (47) of that section is
6 amended, to read:
7 97.021 Definitions.—For the purposes of this code, except
8 where the context clearly indicates otherwise, the term:
9 (10) “Document acceptable as evidence of United States
10 citizenship” means any of the following documents:
11 (a) An original or certified copy of a United States birth
12 certificate.
13 (b) A valid, unexpired United States passport.
14 (c) A naturalization certificate issued by the United
15 States Department of Homeland Security.
16 (d) A Consular Report of Birth Abroad provided by the
17 United States Department of State.
18 (e) A current and valid Florida driver license or Florida
19 identification card issued by the Department of Highway Safety
20 and Motor Vehicles, if such license or identification card
21 indicates United States citizenship.
22 (f) A current and valid photo identification issued by the
23 Federal Government or the state which indicates United States
24 citizenship.
25 (g) An order from a federal court granting United States
26 citizenship.
27
28 If the voter registration applicant’s or the voter’s legal name
29 is different from the name that appears on the document,
30 official legal documentation providing proof of legal name
31 change is also required to constitute acceptable evidence of
32 United States citizenship.
33 (48)(47) “Voting system” means a method of casting and
34 processing votes which that functions wholly or partly by use of
35 electromechanical or electronic apparatus or by use of marksense
36 ballots and includes, but is not limited to, the equipment,
37 hardware, firmware, and software; the ballots; the procedures
38 for casting and processing votes; and the programs, operating
39 manuals, and supplies; and the reports, printouts, and other
40 documentation software necessary for the system’s operation.
41 Section 2. Present paragraphs (q) through (u) of subsection
42 (2) of section 97.052, Florida Statutes, are redesignated as
43 paragraphs (r) through (v), respectively, and a new paragraph
44 (q) is added to that subsection, to read:
45 97.052 Uniform statewide voter registration application.—
46 (2) The uniform statewide voter registration application
47 must be designed to elicit the following information from the
48 applicant:
49 (q) Acknowledgment, by providing a box for the applicant to
50 check, that it is a third degree felony under state and federal
51 law to falsely swear or affirm or otherwise submit false
52 information on a voter registration application.
53 Section 3. Subsection (4) of section 97.0525, Florida
54 Statutes, is amended to read:
55 97.0525 Online voter registration.—
56 (4)(a) The online voter registration system must shall
57 compare the Florida driver license number or Florida
58 identification number submitted pursuant to s. 97.052(2)(n) with
59 information maintained by the Department of Highway Safety and
60 Motor Vehicles to confirm that the name and date of birth on the
61 application are consistent with the records of the Department of
62 Highway Safety and Motor Vehicles.
63 (b) If the applicant’s name and date of birth are
64 consistent with the records of the Department of Highway Safety
65 and Motor Vehicles and the records of the Department of Highway
66 Safety and Motor Vehicles indicate that the applicant has
67 provided a document acceptable as evidence of United States
68 citizenship, the online voter registration system must shall
69 transmit, using the statewide voter registration system
70 maintained pursuant to s. 98.035, the applicant’s registration
71 application, along with the digital signature of the applicant
72 on file with the Department of Highway Safety and Motor
73 Vehicles, to the supervisor of elections. The applicant’s
74 digital signature satisfies the signature requirement of s.
75 97.052(2)(r) s. 97.052(2)(q). The applicant’s legal status as a
76 United States citizen must be recorded in the statewide voter
77 registration system.
78 (c) If the applicant’s name and date of birth match the
79 records of the Department of Highway Safety and Motor Vehicles,
80 but the records of the Department of Highway Safety and Motor
81 Vehicles indicate the applicant is not a United States citizen
82 or has not provided a document acceptable as evidence of United
83 States citizenship, the online voter registration system must
84 notify the supervisor of elections that the applicant’s legal
85 status as a United States citizen could not be verified and
86 transmit, using the statewide voter registration system
87 maintained pursuant to s. 98.035, the applicant’s registration
88 application, along with the digital signature of the applicant
89 on file with the Department of Highway Safety and Motor
90 Vehicles, to the supervisor of elections. The applicant’s
91 digital signature satisfies the signature requirement of s.
92 97.052(2)(r).
93 (d) If the applicant’s name and date of birth cannot be
94 verified by the records of the Department of Highway Safety and
95 Motor Vehicles, or if the applicant indicated that he or she has
96 not been issued a Florida driver license or Florida
97 identification card, the online voter registration system must
98 shall populate the applicant’s information, except for the
99 applicant’s Florida driver license number, Florida
100 identification card number, or social security number, into a
101 printable voter registration application pursuant to s.
102 97.052(2) which and direct the applicant may to print, complete,
103 sign, and date, the application and deliver the application to
104 the supervisor of elections for disposition pursuant to s.
105 97.073.
106 (e) If the applicant indicates that he or she has not been
107 issued a Florida driver license or identification card, or
108 chooses to use the system to prepopulate an application to
109 print, sign, date, and deliver to the supervisor, the online
110 voter registration system must populate the applicant’s
111 information into a printable voter registration application
112 pursuant to s. 97.052(2) and direct the applicant to print,
113 sign, and date the application and deliver the application to
114 the supervisor for disposition under s. 97.073.
115 Section 4. Subsections (2), (4), and (6) of section 97.053,
116 Florida Statutes, are amended to read:
117 97.053 Acceptance of voter registration applications.—
118 (2) A voter registration application is complete and
119 becomes the official voter registration record of that applicant
120 when all information necessary to establish the applicant’s
121 eligibility pursuant to s. 97.041 is received by a voter
122 registration official and verified pursuant to subsection (6).
123 Except as provided in subsection (6), if the applicant fails to
124 complete his or her voter registration application on or before
125 prior to the date of book closing for an election, then such
126 applicant is shall not be eligible to vote in that election.
127 (4)(a) The registration date for a valid initial voter
128 registration application that has been mailed to a driver
129 license office, a voter registration agency, an armed forces
130 recruitment office, the division, or the office of any
131 supervisor in the state and bears a clear postmark is the date
132 of that postmark. If an initial voter registration application
133 that has been mailed does not bear a postmark or if the postmark
134 is unclear, the registration date is the date the application is
135 received by any supervisor or the division, unless it is
136 received within 5 days after the closing of the books for an
137 election, excluding Saturdays, Sundays, and legal holidays, in
138 which case the registration date is the book-closing date.
139 (b) The registration date for a valid application to update
140 the voter’s record with a change of address, name, or party
141 affiliation is retroactive to the date the application was
142 initially received once the required sufficient evidence is
143 verified.
144 (6)(a) A voter registration application, including an
145 application with a change in name, address, or party
146 affiliation, may be accepted as valid only after the department
147 has verified the authenticity or nonexistence of the Florida
148 driver license number, the Florida identification card number,
149 or the last four digits of the social security number provided
150 by the applicant. If a completed voter registration application
151 has been received by the book-closing deadline but the Florida
152 driver license number, the Florida identification card number,
153 or the last four digits of the social security number provided
154 by the applicant cannot be verified, or if the records of the
155 Department of Highway Safety and Motor Vehicles indicate that
156 the applicant is not a United States citizen or has not provided
157 a document acceptable as evidence of United States citizenship,
158 the applicant must shall be notified and that the number cannot
159 be verified and that the applicant must provide evidence to the
160 supervisor sufficient to verify the authenticity of the
161 applicant’s Florida driver license number, Florida
162 identification card number, or last four digits of the social
163 security number or, if applicable, must provide a document
164 acceptable as evidence of United States citizenship. If the
165 applicant provides the necessary evidence, the supervisor must
166 shall place the applicant’s name on the registration rolls as an
167 active voter. If the applicant has not provided the necessary
168 evidence or the number has not otherwise been verified prior to
169 the applicant presenting himself or herself to vote, the
170 applicant must shall be provided a provisional ballot. The
171 provisional ballot must shall be counted only if the number is
172 verified by the end of the canvassing period or if the applicant
173 presents evidence to the supervisor of elections sufficient to
174 verify the authenticity of the applicant’s Florida driver
175 license number, Florida identification card number, or last four
176 digits of the social security number or, if applicable, presents
177 a document acceptable as evidence of United States citizenship
178 no later than 5 p.m. of the second day following the election.
179 (b) Upon receipt of a voter registration application,
180 including an application with a change in name, address, or
181 party affiliation, which indicates that the applicant has not
182 been issued a current and valid Florida driver license, Florida
183 identification card, or social security number, or if the
184 records of the Department of Highway Safety and Motor Vehicles
185 indicate that the applicant is not a United States citizen or
186 has not provided a document acceptable as evidence of United
187 States citizenship, the supervisor of elections shall verify the
188 voter’s legal status as a United States citizen using available
189 state and federal governmental sources and, if applicable,
190 initiate notice pursuant to s. 98.075(7).
191 Section 5. Subsections (11) and (13) of section 97.057,
192 Florida Statutes, are amended to read:
193 97.057 Voter registration by the Department of Highway
194 Safety and Motor Vehicles.—
195 (11) The Department of Highway Safety and Motor Vehicles
196 shall enter into an agreement with the department to match
197 information in the statewide voter registration system with
198 information in the database of the Department of Highway Safety
199 and Motor Vehicles to the extent required to verify the accuracy
200 of the Florida driver license number, Florida identification
201 number, or last four digits of the social security number and
202 the legal status as a United States citizen, provided on
203 applications for voter registration as required in s. 97.053.
204 The department shall also include in the statewide voter
205 registration system the type of documentary proof that the
206 licensee or cardholder provided as evidence of United States
207 citizenship.
208 (13) Notwithstanding declinations to register or to update
209 a voter registration pursuant to paragraph (2)(b), the
210 Department of Highway Safety and Motor Vehicles, in accordance
211 with s. 98.093(8), shall must assist the Department of State in
212 regularly identifying changes in residence address on the
213 Florida driver license or Florida identification card or changes
214 in the Florida driver license or Florida identification card
215 number of such persons who may be voters of a voter. The
216 Department of State must report each such change to the
217 appropriate supervisor of elections who must change the voter’s
218 registration records in accordance with s. 98.065(4).
219 Section 6. Subsection (4) of section 98.015, Florida
220 Statutes, is amended to read:
221 98.015 Supervisor of elections; election, tenure of office,
222 compensation, custody of registration-related documents, office
223 hours, successor, seal; appointment of deputy supervisors;
224 duties.—
225 (4)(a) At a minimum, the office of the supervisor must be
226 open Monday through Friday, excluding legal holidays, for a
227 period of not less than 8 hours per day, beginning no later than
228 9 a.m.
229 (b) The office of the supervisor may close to observe legal
230 holidays and other federal, state, or county-approved holidays,
231 if the office is not otherwise required to be open to fulfill
232 official duties under the Florida Election Code.
233 Section 7. Subsection (1) of section 98.045, Florida
234 Statutes, is amended to read:
235 98.045 Administration of voter registration.—
236 (1) ELIGIBILITY OF APPLICANT.—
237 (a) The supervisor shall must ensure that any eligible
238 applicant for voter registration is registered to vote and that
239 each application for voter registration is processed in
240 accordance with law. The supervisor shall determine whether a
241 voter registration applicant is ineligible based on any of the
242 following:
243 1.(a) The failure to complete a voter registration
244 application as specified in s. 97.053.
245 2.(b) The applicant is deceased.
246 3.(c) The applicant has been convicted of a felony for
247 which his or her voting rights have not been restored.
248 4.(d) The applicant has been adjudicated mentally
249 incapacitated with respect to the right to vote and such right
250 has not been restored.
251 5.(e) The applicant does not meet the age requirement
252 pursuant to s. 97.041.
253 6.(f) The applicant is not a United States citizen.
254 7.(g) The applicant is a fictitious person.
255 8.(h) The applicant has provided an address of legal
256 residence that is not his or her legal residence.
257 9.(i) The applicant has provided a Florida driver license
258 number, Florida identification card number, or the last four
259 digits of a social security number that is not verifiable by the
260 department.
261 (b) If the latest voter registration records show that a
262 new applicant was previously registered but subsequently removed
263 for ineligibility pursuant to s. 98.075(7), the supervisor must
264 verify the current eligibility of the applicant to register
265 within 13 days after receipt of such records by reviewing the
266 information provided by a governmental entity listed in s.
267 98.075 or s. 98.093 to determine whether the applicant remains
268 ineligible. If the supervisor determines that the applicant is
269 ineligible, the supervisor must deny the application and notify
270 the applicant pursuant to s. 97.073.
271 Section 8. Subsection (6) and paragraph (a) of subsection
272 (7) of section 98.075, Florida Statutes, are amended to read:
273 98.075 Registration records maintenance activities;
274 ineligibility determinations.—
275 (6) ELIGIBILITY.—
276 (a) Citizenship.—The department shall identify those
277 registered voters who are potentially ineligible based on their
278 legal status regarding United States citizenship by comparing or
279 receiving information from the Department of Highway Safety and
280 Motor Vehicles, clerks of state and federal courts, and the
281 United States Department of Homeland Security, as provided in s.
282 98.093. The department shall review such information and make an
283 initial determination as to whether the information is credible
284 and reliable. If the department determines that the information
285 is credible and reliable, the department must notify the
286 supervisor and provide a copy of the supporting documentation
287 indicating potential ineligibility of the voter to be
288 registered. Upon receipt of the notice that the department has
289 made a determination of initial credibility and reliability, the
290 supervisor must adhere to the procedures set forth in subsection
291 (7) before the removal of a registered voter’s name from the
292 statewide voter registration system. If the voter provides a
293 document acceptable as evidence of United States citizenship,
294 the supervisor must record the type of document in the statewide
295 voter registration system.
296 (b) Other bases for ineligibility OTHER BASES FOR
297 INELIGIBILITY.—Subsections (2)-(6) (2)-(5) do not limit or
298 restrict the department or the supervisor in his or her duty to
299 act upon direct receipt of, access to, or knowledge of
300 information from any governmental entity that identifies a
301 registered voter as potentially ineligible. If the department or
302 supervisor receives information from any governmental entity
303 other than those identified in subsections (2)-(6) (2)-(5) that
304 a registered voter is ineligible because the voter is deceased,
305 adjudicated a convicted felon without having had his or her
306 voting rights restored, adjudicated mentally incapacitated
307 without having had his or her voting rights restored, does not
308 meet the age requirement pursuant to s. 97.041, is not a United
309 States citizen, is a fictitious person, or has listed an address
310 that is not his or her address of legal residence, the
311 supervisor must adhere to the procedures set forth in subsection
312 (7) before the removal of the name of a registered voter who is
313 determined to be ineligible from the statewide voter
314 registration system.
315 (7) PROCEDURES FOR REMOVAL.—
316 (a) If the supervisor receives notice or information
317 pursuant to subsections (4)-(6), the supervisor of the county in
318 which the voter is registered must:
319 1. Notify the registered voter of his or her potential
320 ineligibility by mail within 7 days after receipt of notice or
321 information. The notice must include:
322 a. A statement of the basis for the registered voter’s
323 potential ineligibility and a copy of any documentation upon
324 which the potential ineligibility is based. Such documentation
325 must include any conviction from another jurisdiction determined
326 to be a similar offense to murder or a felony sexual offense, as
327 those terms are defined in s. 98.0751.
328 b. A statement that failure to respond within 30 days after
329 receipt of the notice may result in a determination of
330 ineligibility and in removal of the registered voter’s name from
331 the statewide voter registration system.
332 c. A return form that requires the registered voter to
333 admit or deny the accuracy of the information underlying the
334 potential ineligibility for purposes of a final determination by
335 the supervisor.
336 d. A statement that, if the voter is denying the accuracy
337 of the information underlying the potential ineligibility, the
338 voter has a right to request a hearing for the purpose of
339 determining eligibility.
340 e. Instructions for the registered voter to contact the
341 supervisor of elections of the county in which the voter is
342 registered if assistance is needed in resolving the matter.
343 f. Instructions for seeking restoration of civil rights
344 pursuant to s. 8, Art. IV of the State Constitution and
345 information explaining voting rights restoration pursuant to s.
346 4, Art. VI of the State Constitution following a felony
347 conviction, if applicable.
348 g. A list of the documents acceptable as evidence of United
349 States citizenship.
350 h. The following statement: “If you attempt to vote at an
351 early voting site or your normal election day polling place, you
352 will be required to vote a provisional ballot. If you vote by
353 mail, your ballot will be treated as a provisional ballot. In
354 either case, your ballot may not be counted until a final
355 determination of eligibility is made. If you wish for your
356 ballot to be counted, you must contact the supervisor of
357 elections office within 2 days after the election and present
358 evidence that you are eligible to vote.”
359 2. If the mailed notice is returned as undeliverable, the
360 supervisor must, within 14 days after receiving the returned
361 notice, either publish notice once in a newspaper of general
362 circulation in the county in which the voter was last registered
363 or publish notice on the county’s website as provided in s.
364 50.0311 or on the supervisor’s website, as deemed appropriate by
365 the supervisor. The notice must contain the following:
366 a. The voter’s name and address.
367 b. A statement that the voter is potentially ineligible to
368 be registered to vote.
369 c. A statement that failure to respond within 30 days after
370 the notice is published may result in a determination of
371 ineligibility by the supervisor and removal of the registered
372 voter’s name from the statewide voter registration system.
373 d. An instruction for the voter to contact the supervisor
374 no later than 30 days after the date of the published notice to
375 receive information regarding the basis for the potential
376 ineligibility and the procedure to resolve the matter.
377 e. An instruction to the voter that, if further assistance
378 is needed, the voter should contact the supervisor of elections
379 of the county in which the voter is registered.
380 f. A statement that, if the voter denies the accuracy of
381 the information underlying the potential ineligibility, the
382 voter has a right to request a hearing for the purpose of
383 determining eligibility.
384 g. The following statement: “If you attempt to vote at an
385 early voting site or your normal election day polling place, you
386 will be required to vote a provisional ballot. If you vote by
387 mail, your ballot will be treated as a provisional ballot. In
388 either case, your ballot may not be counted until a final
389 determination of eligibility is made. If you wish for your
390 ballot to be counted, you must contact the supervisor of
391 elections office within 2 days after the election and present
392 evidence that you are eligible to vote.”
393 3. If a registered voter fails to respond to a notice
394 pursuant to subparagraph 1. or subparagraph 2., the supervisor
395 must make a final determination of the voter’s eligibility
396 within 7 days after expiration of the voter’s timeframe to
397 respond. If the supervisor determines that the voter is
398 ineligible, the supervisor must remove the name of the
399 registered voter from the statewide voter registration system
400 within 7 days. The supervisor shall notify the registered voter
401 of the supervisor’s determination and action.
402 4. If a registered voter responds to the notice pursuant to
403 subparagraph 1. or subparagraph 2. and admits the accuracy of
404 the information underlying the potential ineligibility, the
405 supervisor must, as soon as practicable, make a final
406 determination of ineligibility and remove the voter’s name from
407 the statewide voter registration system. The supervisor shall
408 notify the registered voter of the supervisor’s determination
409 and action.
410 5. If a registered voter responds to the notice issued
411 pursuant to subparagraph 1. or subparagraph 2. and denies the
412 accuracy of the information underlying the potential
413 ineligibility but does not request a hearing, the supervisor
414 must review the evidence and make a determination of eligibility
415 no later than 30 days after receiving the response from the
416 voter. If the supervisor determines that the registered voter is
417 ineligible, the supervisor must remove the voter’s name from the
418 statewide voter registration system upon such determination and
419 notify the registered voter of the supervisor’s determination
420 and action and that the removed voter has a right to appeal a
421 determination of ineligibility pursuant to s. 98.0755. If such
422 registered voter requests a hearing, the supervisor must send
423 notice to the registered voter to attend a hearing at a time and
424 place specified in the notice. The supervisor shall schedule and
425 issue notice for the hearing within 7 days after receiving the
426 voter’s request for a hearing and shall hold the hearing no
427 later than 30 days after issuing the notice of the hearing. A
428 voter may request an extension upon showing good cause by
429 submitting an affidavit to the supervisor as to why he or she is
430 unable to attend the scheduled hearing. Upon hearing all
431 evidence presented at the hearing, the supervisor shall make a
432 determination of eligibility within 7 days. If the supervisor
433 determines that the registered voter is ineligible, the
434 supervisor must remove the voter’s name from the statewide voter
435 registration system and notify the registered voter of the
436 supervisor’s determination and action and that the removed voter
437 has a right to appeal a determination of ineligibility pursuant
438 to s. 98.0755.
439 Section 9. Present subsection (9) of section 98.093,
440 Florida Statutes, is redesignated as subsection (10), a new
441 subsection (9) is added to that section, and subsection (8) of
442 that section is amended, to read:
443 98.093 Duty of officials to furnish information relating to
444 deceased persons, persons adjudicated mentally incapacitated,
445 persons convicted of a felony, and persons who are not United
446 States citizens.—
447 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—The
448 Department of Highway Safety and Motor Vehicles shall furnish
449 weekly to the department the following information:
450 (a) Information identifying those persons whose names have
451 been removed from the Florida driver license or Florida
452 identification card database during the preceding week because
453 they have been licensed or been issued an identification card in
454 another state. The information must contain the person’s name,
455 last known Florida address, date of birth, sex, last four digits
456 of his or her social security number, and Florida driver license
457 number or Florida identification card number and, if available,
458 the address and the state in which the person is now licensed.
459 (b) Information identifying those persons who during the
460 preceding week presented evidence of non-United States
461 citizenship upon being issued a new or renewed Florida driver
462 license or Florida identification card. The information must
463 contain the person’s name; address; date of birth; last four
464 digits of the social security number, if applicable; Florida
465 driver license number or Florida identification card number, as
466 available; and alien registration number or other legal status
467 identifier.
468 (c) Information identifying those persons who during the
469 preceding week presented a document acceptable as evidence of
470 United States citizenship upon being issued a new, renewed, or
471 replacement Florida driver license or Florida identification
472 card. The information must contain the person’s name; address;
473 date of birth; last four digits of the social security number,
474 if applicable; Florida driver license number or Florida
475 identification card number, as available; type of documentary
476 proof provided in support of citizenship; and, if applicable,
477 alien registration number or other legal status identifier.
478 (d) Information identifying a change in residence address
479 on the Florida driver license or Florida identification card of
480 any person who declined pursuant to s. 97.057(2) to register or
481 update his or her voter record. The information must contain the
482 person’s name; date of birth; last four digits of the social
483 security number, if available; and Florida driver license number
484 or Florida identification card number, as available, in order to
485 identify a voter’s registration record. The Department of State
486 must report each such change in residence address to the
487 appropriate supervisor, who must change the voter’s registration
488 records in accordance with s. 98.065(4).
489 (e) Information identifying new, renewed, or replacement
490 Florida driver license or Florida identification card numbers
491 issued to persons who declined pursuant to s. 97.057(2) to
492 register or update their voter record. The information must
493 contain the person’s name; date of birth; last four digits of
494 the social security number, if available; and the prior, if
495 applicable, and current Florida driver license number or Florida
496 identification card number in order to identify a voter’s
497 registration record. Within 7 days, the Department of State
498 shall report such information to the appropriate supervisor, who
499 must update the voter registration records.
500 (f) Information identifying those persons for which it has
501 received official information during the preceding week that the
502 person is deceased. The information must contain the name,
503 address, date of birth, last four digits of the social security
504 number, Florida driver license number or Florida identification
505 card number, and date of death of each such person.
506 (9) FEDERAL COURTS.—Upon receipt of information from a jury
507 coordinator that a person was disqualified or potentially
508 disqualified as a prospective juror from jury service due to not
509 having United States citizenship, being convicted of a felony,
510 being deceased, being a nonresident of this state, or being a
511 nonresident of the county, the department shall use such
512 information to identify registered voters or applicants for
513 voter registration who may be potentially ineligible based on
514 information provided in accordance with s. 98.075.
515 Section 10. Present subsections (5) through (8) of section
516 99.012, Florida Statutes, are redesignated as subsections (7)
517 through (10), respectively, and new subsections (5) and (6) are
518 added to that section, to read:
519 99.012 Restrictions on individuals qualifying for public
520 office.—
521 (5) A person may not qualify for nomination as a candidate
522 of a political party if he or she has not been a registered
523 member of that party for the 365 consecutive days immediately
524 preceding the beginning of qualifying; or as a candidate with no
525 party affiliation if he or she has not been registered without
526 party affiliation, or has been a registered member of any
527 political party, for the 365 consecutive days immediately
528 preceding the beginning of qualifying.
529 (6) A person may not qualify as a candidate for public
530 office, whether federal, state, district, county, or municipal,
531 if he or she has legally changed his or her name through a
532 petition pursuant to s. 68.07 during the 365 consecutive days
533 immediately preceding the beginning of qualifying. This
534 subsection does not apply to any change of name in proceedings
535 for dissolution of marriage or adoption of children or based on
536 a change of name conducted with a marriage certificate.
537 Section 11. Paragraphs (b) and (c) of subsection (1) of
538 section 99.021, Florida Statutes, are amended to read:
539 99.021 Form of candidate oath.—
540 (1)
541 (b) In addition, any person seeking to qualify for
542 nomination as a candidate of any political party shall, at the
543 time of subscribing to the oath or affirmation, state in
544 writing:
545 1. The party of which the person is a member.
546 2. That the person has been a registered member of the
547 political party for which he or she is seeking nomination as a
548 candidate for at least 365 consecutive days preceding before the
549 beginning of qualifying before preceding the general election
550 for which the person seeks to qualify.
551 3. That the person has paid the assessment levied against
552 him or her, if any, as a candidate for said office by the
553 executive committee of the party of which he or she is a member.
554 (c) In addition, any person seeking to qualify for office
555 as a candidate with no party affiliation shall, at the time of
556 subscribing to the oath or affirmation, state in writing that he
557 or she is registered without any party affiliation and that he
558 or she has not been a registered member of any political party
559 for at least 365 consecutive days preceding before the beginning
560 of qualifying before preceding the general election for which
561 the person seeks to qualify.
562 Section 12. Subsection (4) of section 101.5606, Florida
563 Statutes, is amended to read:
564 101.5606 Requirements for approval of systems.—No
565 electronic or electromechanical voting system shall be approved
566 by the Department of State unless it is so constructed that:
567 (4) For systems using marksense ballots, It accepts a
568 rejected ballot pursuant to subsection (3) if a voter chooses to
569 cast the ballot, but records no vote for any office that has
570 been overvoted or undervoted.
571 Section 13. Subsection (2) of section 102.111, Florida
572 Statutes, is amended to read:
573 102.111 Elections Canvassing Commission.—
574 (2) The Elections Canvassing Commission shall meet at 8
575 a.m. on the 9th day after a primary election and at 8 a.m. on
576 the 14th day after a general election to certify the returns of
577 the election for each federal, state, and multicounty office and
578 for each constitutional amendment. The meeting must be at 9
579 a.m., except for days the Legislature convenes for organization
580 session pursuant to s. 3(a), Art. III of the State Constitution,
581 on which days the meeting must be at 8 a.m. If a member of a
582 county canvassing board that was constituted pursuant to s.
583 102.141 determines, within 5 days after the certification by the
584 Elections Canvassing Commission, that a typographical error
585 occurred in the official returns of the county, the correction
586 of which could result in a change in the outcome of an election,
587 the county canvassing board must certify corrected returns to
588 the Department of State within 24 hours, and the Elections
589 Canvassing Commission must correct and recertify the election
590 returns as soon as practicable.
591 Section 14. Subsections (3) through (7) of section 102.141,
592 Florida Statutes, are amended to read:
593 102.141 County canvassing board; duties.—
594 (3) The canvass, except the canvass of absent voters’
595 electors’ returns and the canvass of provisional ballots, must
596 shall be made from the returns and certificates of the
597 inspectors as signed and filed by them with the supervisor, and
598 the county canvassing board may shall not change the number of
599 votes cast for a candidate, nominee, constitutional amendment,
600 or other measure submitted to the electorate of the county,
601 respectively, in any polling place, as shown by the returns. All
602 returns must shall be made to the board on or before 2 a.m. of
603 the day following any primary, general, or other election. If
604 the returns from any precinct are missing, if there are any
605 omissions on the returns from any precinct, or if there is an
606 obvious error on any such returns, the canvassing board must
607 shall order a retabulation of the returns from such precinct.
608 Before canvassing such returns, the canvassing board shall
609 examine the tabulation of the ballots cast in such precinct and
610 determine whether the returns correctly reflect the votes cast.
611 If there is a discrepancy between the returns and the tabulation
612 of the ballots cast, the tabulation of the ballots cast must
613 shall be presumed correct and such votes must shall be canvassed
614 accordingly.
615 (4)(a) The supervisor of elections shall upload into the
616 county’s election management system by 7 p.m. local time on the
617 day before the election the results of all early voting and
618 vote-by-mail ballots that have been canvassed and tabulated by
619 the end of the early voting period. Pursuant to ss. 101.5614(8),
620 101.657, and 101.68(2), the tabulation of votes cast or the
621 results of such uploads may not be made public before the close
622 of the polls on election day.
623 (b) The supervisor, on behalf of the canvassing board,
624 shall report all early voting and all tabulated vote-by-mail
625 results to the Department of State within 30 minutes after the
626 polls close. Thereafter, the canvassing board shall report, with
627 the exception of provisional ballot results, updated precinct
628 election results by uploading such results to the department at
629 least every 45 minutes until all results are completely
630 reported. The supervisor of elections shall notify the
631 department immediately of any circumstances that do not permit
632 periodic updates as required. Results must shall be submitted in
633 a format prescribed by the department.
634 (5) The canvassing board shall submit on forms or in
635 formats provided by the division unofficial returns to the
636 Department of State for each federal, statewide, state, or
637 multicounty office or ballot measure no later than noon on the
638 third day after any primary election and no later than noon on
639 the fourth day after any general or other election. Such returns
640 must shall include the canvass of all ballots, including write
641 in votes, as required by subsection (2).
642 (6) If the county canvassing board determines that the
643 unofficial returns may contain a counting error in which the
644 vote tabulation system failed to count votes that were properly
645 marked in accordance with the instructions on the ballot, the
646 county canvassing board must shall:
647 (a) Correct the error and retabulate the affected ballots
648 with the vote tabulation system; or
649 (b) Request that the Department of State verify the
650 tabulation software. When the Department of State verifies such
651 software, the department shall compare the software used to
652 tabulate the votes with the software filed with the department
653 pursuant to s. 101.5607 and check the election parameters.
654 (7) If the unofficial returns reflect that a candidate for
655 any office was defeated or eliminated by one-half of a percent
656 or less of the votes cast for such office, that a candidate for
657 retention to a judicial office was retained or not retained by
658 one-half of a percent or less of the votes cast on the question
659 of retention, or that a measure appearing on the ballot was
660 approved or rejected by one-half of a percent or less of the
661 votes cast on such measure, a recount shall be ordered of the
662 votes cast with respect to such office or measure. The Secretary
663 of State is responsible for ordering recounts in races that are
664 federal or, state races that are, and multicounty and any other
665 multicounty races. The county canvassing board or the local
666 board responsible for certifying the election is responsible for
667 ordering recounts in all other races. A recount need not be
668 ordered with respect to the returns for any office, however, if
669 the candidate or candidates defeated or eliminated from
670 contention for such office by one-half of a percent or less of
671 the votes cast for such office request in writing that a recount
672 not be made.
673 (a) Each canvassing board responsible for conducting a
674 recount shall put each marksense ballot through automatic
675 tabulating equipment and determine whether the returns correctly
676 reflect the votes cast. If any marksense ballot is physically
677 damaged so that it cannot be properly counted by the automatic
678 tabulating equipment during the recount, a true duplicate shall
679 be made of the damaged ballot pursuant to the procedures in s.
680 101.5614(4). Immediately before the start of the recount, a test
681 of the tabulating equipment shall be conducted as provided in s.
682 101.5612. If the test indicates no error, the recount tabulation
683 of the ballots cast shall be presumed correct and such votes
684 shall be canvassed accordingly. If an error is detected, the
685 cause therefor shall be ascertained and corrected and the
686 recount repeated, as necessary. The canvassing board shall
687 immediately report the error, along with the cause of the error
688 and the corrective measures being taken, to the Department of
689 State. No later than 11 days after the election, the canvassing
690 board shall file a separate incident report with the Department
691 of State, detailing the resolution of the matter and identifying
692 any measures that will avoid a future recurrence of the error.
693 If the automatic tabulating equipment used in a recount is not
694 part of the voting system and the ballots have already been
695 processed through such equipment, the canvassing board is not
696 required to put each ballot through any automatic tabulating
697 equipment again.
698 (b) Each canvassing board responsible for conducting a
699 recount where touchscreen ballots were used shall examine the
700 counters on the precinct tabulators to ensure that the total of
701 the returns on the precinct tabulators equals the overall
702 election return. If there is a discrepancy between the overall
703 election return and the counters of the precinct tabulators, the
704 counters of the precinct tabulators shall be presumed correct
705 and such votes shall be canvassed accordingly.
706 (c) The canvassing board shall submit on forms or in
707 formats provided by the division a second set of unofficial
708 returns to the Department of State for each federal, statewide,
709 state, or multicounty office or ballot measure. The returns
710 shall be filed no later than 3 p.m. on the 5th day after any
711 primary election and no later than 3 p.m. on the 9th day after
712 any general election in which a recount was ordered by the
713 Secretary of State. If the canvassing board is unable to
714 complete the recount prescribed in this subsection by the
715 deadline, the second set of unofficial returns submitted by the
716 canvassing board shall be identical to the initial unofficial
717 returns and the submission shall also include a detailed
718 explanation of why it was unable to timely complete the recount.
719 However, the canvassing board shall complete the recount
720 prescribed in this subsection, along with any manual recount
721 prescribed in s. 102.166, and certify election returns in
722 accordance with the requirements of this chapter.
723 (d) The Department of State shall adopt detailed rules
724 prescribing additional recount procedures for each certified
725 voting system, which shall be uniform to the extent practicable.
726 Section 15. Subsection (1) of section 102.166, Florida
727 Statutes, is amended to read:
728 102.166 Manual recounts of overvotes and undervotes.—
729 (1) If the second set of unofficial returns pursuant to s.
730 102.141 indicates that a candidate for any office was defeated
731 or eliminated by one-quarter of a percent or less of the votes
732 cast for such office, that a candidate for retention to a
733 judicial office was retained or not retained by one-quarter of a
734 percent or less of the votes cast on the question of retention,
735 or that a measure appearing on the ballot was approved or
736 rejected by one-quarter of a percent or less of the votes cast
737 on such measure, a manual recount of the overvotes and
738 undervotes cast in the entire geographic jurisdiction of such
739 office or ballot measure must shall be ordered unless:
740 (a) The candidate or candidates defeated or eliminated from
741 contention by one-quarter of 1 percent or fewer of the votes
742 cast for such office request in writing that a recount not be
743 made; or
744 (b) The number of overvotes and undervotes is fewer than
745 the number of votes needed to change the outcome of the
746 election.
747
748 The Secretary of State is responsible for ordering a manual
749 recount for federal or, state races that are multicounty, and
750 any other multicounty races. The county canvassing board or
751 local board responsible for certifying the election is
752 responsible for ordering a manual recount for all other races. A
753 manual recount consists of a recount of marksense ballots or of
754
755 ================= T I T L E A M E N D M E N T ================
756 And the title is amended as follows:
757 Delete lines 3 - 99
758 and insert:
759 F.S.; revising the definition of the term “voting
760 system”; defining the term “document acceptable as
761 evidence of United States citizenship”; amending s.
762 97.052, F.S.; revising the information the uniform
763 statewide voter registration application is designed
764 to elicit from an applicant to include a certain
765 acknowledgment; amending s. 97.0525, F.S.; requiring
766 that the online voter registration system transmit
767 specified information to the supervisor of elections
768 under specified circumstances; requiring that the
769 applicant’s legal status as a United States citizen be
770 recorded in the statewide voter registration system;
771 requiring that, if the records of the Department of
772 Highway Safety and Motor Vehicles indicate that an
773 applicant is not a United States citizen or has not
774 provided acceptable evidence of citizenship, the
775 online voter registration system must notify the
776 supervisor of the applicant’s legal status and
777 transmit the application to the supervisor; providing
778 that an applicant’s digital signature satisfies a
779 certain requirement; providing that, if an applicant’s
780 name and date of birth cannot be verified, the system
781 must populate certain information into a printable
782 version of the registration application; requiring the
783 applicant to print, complete, sign, date, and deliver
784 such application to the supervisor; requiring that the
785 online voter registration system populate an
786 applicant’s information and direct the applicant to
787 perform specified actions under specified conditions;
788 conforming a cross-reference; amending s. 97.053,
789 F.S.; providing that applications to update a voter’s
790 record are retroactive under a specified condition;
791 requiring supervisors to verify a voter’s legal status
792 as a United States citizen using specified sources and
793 initiate a certain notice if applicable; amending s.
794 97.057, F.S.; requiring that an agreement between the
795 Department of Highway Safety and Motor Vehicles and
796 the Department of State match information regarding
797 the legal status as a United States citizen of
798 applicants applying to vote; requiring the Department
799 of State to include specified information in the
800 statewide voter registration system; requiring the
801 Department of Highway Safety and Motor Vehicles to
802 assist the Department of State in identifying certain
803 changes in information for persons who may be voters;
804 deleting a provision requiring the Department of State
805 to report certain changes to supervisors; amending s.
806 98.015, F.S.; authorizing the office of the supervisor
807 of elections to close to observe certain holidays
808 under a specified condition; amending s. 98.045, F.S.;
809 requiring supervisors to verify the current
810 eligibility of certain applicants within a specified
811 timeframe by reviewing specified information provided
812 by governmental entities to make a determination under
813 specified conditions; requiring the supervisor to deny
814 the application and notify the applicant if a certain
815 determination is made; amending s. 98.075, F.S.;
816 requiring the Department of State to identify certain
817 voters by comparing or receiving information from
818 specified sources; requiring the Department of State
819 to review such information and make an initial
820 determination; requiring the department to notify the
821 supervisor if certain information is credible and
822 reliable and provide a copy of specified documentation
823 to the supervisor; requiring the supervisor to adhere
824 to specified procedures to remove the voter’s name
825 from the statewide voter registration system;
826 requiring the supervisor to record in the statewide
827 voter registration system the type of document
828 provided as evidence of United States citizenship;
829 amending s. 98.093, F.S.; revising the information
830 that the Department of Highway Safety and Motor
831 Vehicles is required to furnish weekly to the
832 Department of State; requiring the Department of State
833 to report certain information to supervisors within a
834 specified timeframe and for supervisors to update the
835 voter registration records; requiring that the
836 Department of State use certain information from
837 federal jury coordinators to identify voters and
838 applicants who are potentially ineligible; amending s.
839 99.012, F.S.; prohibiting a person from qualifying for
840 nomination as a candidate of a political party if the
841 person has not been a registered member of such party
842 for a specified timeframe; prohibiting a person from
843 qualifying for specified public office if the person
844 has changed his or her name within a specified
845 timeframe; providing applicability; amending s.
846 99.021, F.S.; revising the form of candidate oath to
847 conform to changes made by the act; amending s.
848 101.5606, F.S.; conforming provisions to changes made