Florida Senate - 2023 SB 7050
By the Committee on Ethics and Elections
582-03551-23 20237050__
1 A bill to be entitled
2 An act relating to elections; amending s. 97.012,
3 F.S.; requiring the Secretary of State to provide
4 mandatory formal signature matching training to
5 specified persons; requiring the Department of State
6 to adopt specified rules; amending s. 97.022, F.S.;
7 authorizing the Office of Election Crimes and Security
8 to review complaints and conduct preliminary
9 investigations relating to any alleged election
10 irregularity involving the Florida Election Code;
11 authorizing the office to make referrals to specified
12 entities based on the findings of its reviews and
13 investigations; requiring the statewide prosecutor to
14 promptly investigate complaints and undertake any
15 related criminal actions; requiring the Office of the
16 Statewide Prosecutor to report to the Office of
17 Election Crimes and Security the result of any
18 investigation, action taken, and final disposition;
19 providing construction; amending s. 97.0535, F.S.;
20 requiring first-time applicants registering to vote in
21 this state to comply with specified identification
22 requirements; requiring voter registration officials
23 to issue a certain notice to applicants under
24 specified conditions; requiring certain applicants who
25 register to vote for the first time in this state to
26 vote in person; providing exceptions; conforming
27 provisions to changes made by the act; amending s.
28 97.057, F.S.; conforming a cross-reference; amending
29 s. 97.0575, F.S.; requiring third-party voter
30 registration organizations to inform the Division of
31 Elections as to the general election cycle for which
32 they are registering persons to vote; providing
33 applicability; providing that the registration of such
34 organizations expires at the conclusion of the
35 organizations’ lawful responsibilities following such
36 election cycle; providing applicability; requiring
37 such organizations to provide applicants with a
38 specified receipt; requiring the division to adopt a
39 certain rule; revising the timeframe within which such
40 organizations must deliver applications to the
41 division or the supervisor of elections in each
42 county; revising the fines for failure to submit
43 applications to the division or the supervisor within
44 the specified timeframe; prohibiting a person
45 collecting applications on behalf of a third-party
46 voter registration organization from copying specified
47 information from the application for reasons other
48 than complying with specified requirements; providing
49 criminal penalties; prohibiting organizations from
50 providing prefilled voter registration applications to
51 applicants; providing for civil penalties; amending s.
52 97.071, F.S.; revising the contents of voter
53 information cards; providing construction; amending s.
54 98.065, F.S.; revising the frequency of and the
55 procedures a supervisor must incorporate as part of
56 his or her registration list maintenance program;
57 requiring a supervisor to record all list maintenance
58 actions in the statewide voter registration system;
59 requiring the supervisor to send an address
60 confirmation request if the supervisor receives
61 certain change of address information; requiring the
62 supervisor to place a voter’s name on the inactive
63 list if certain information is received; revising a
64 provision that required address confirmation final
65 notices be sent to all addresses on file for a voter;
66 revising the actions an inactive voter may take to
67 have his or her name restored to the active voter
68 list; revising the criteria that would allow an
69 inactive voter to be removed from the voter
70 registration system; prohibiting list maintenance
71 programs from being initiated within a specified
72 timeframe; requiring supervisors to conduct periodic
73 reviews of voter registration records to identify
74 illegal residential addresses; requiring supervisors
75 to initiate list maintenance under certain conditions;
76 requiring supervisors to certify to the Department of
77 State, by specified dates, that address list
78 maintenance activities were conducted; requiring the
79 department to coordinate with supervisors to ensure
80 that the appropriate list maintenance activities are
81 conducted; amending s. 98.0655, F.S.; revising the
82 registration list maintenance forms and the address
83 confirmation requests prescribed by the department for
84 use by supervisors; revising the locations to which an
85 address confirmation request must be mailed; requiring
86 that the request be sent by forwardable mail and
87 include a postage prepaid, preaddressed return form
88 and a specified statement; requiring the voter to
89 respond and provide certain information within a
90 specified timeframe; requiring confirmation of the
91 voter’s address of legal residence before the voter
92 may vote in an election; conforming provisions to
93 changes made by the act; amending s. 98.075, F.S.;
94 deleting the scheduled repeal of a public records
95 exemption for certain voter registration information
96 from another state or the District of Columbia;
97 requiring the supervisor to remove the name of a
98 registered voter from the statewide voter registration
99 system within a specified timeframe if certain
100 conditions exist; requiring the supervisor to
101 coordinate with his or her respective clerk of the
102 court to obtain information of those registered voters
103 convicted of a felony who have not had their voting
104 rights restored; requiring a supervisor to adhere to
105 specified procedures before the removal of a
106 registered voter from the statewide voter registration
107 system; providing construction; revising the notice
108 that the supervisor provides to a potentially
109 ineligible voter to include that he or she may be
110 required to vote using a provisional ballot until a
111 final determination of eligibility is made;
112 authorizing a supervisor to post a specified notice on
113 the county’s website or the supervisor’s website;
114 revising criteria for the notice; requiring the
115 supervisor to make a final determination of the
116 voter’s eligibility within a specified timeframe and
117 remove the name of a registered voter within a
118 specified timeframe if the registered voter fails to
119 respond to certain notices; requiring the supervisor
120 to immediately make a final determination of
121 eligibility and remove the name of a registered voter
122 if the voter responds and admits the accuracy of the
123 information related to his or her ineligibility;
124 requiring the supervisor to review evidence and make a
125 determination of eligibility within a specified
126 timeframe if the voter responds and denies the
127 accuracy of the information related to his or her
128 ineligibility; requiring the supervisor to remove an
129 ineligible voter within a specified timeframe and
130 notify the voter that he or she has the right to
131 appeal the determination of ineligibility; requiring
132 the supervisor to schedule and issue notice of a
133 hearing within a specified timeframe after receiving
134 the voter’s hearing request; requiring that the
135 hearing be held within a specified timeframe;
136 requiring the department to coordinate with the
137 supervisor to ensure that such actions and activities
138 are conducted; conforming provisions to changes made
139 by the act; amending s. 98.077, F.S.; deleting a
140 reference to the department from a provision requiring
141 correspondence to include certain information;
142 requiring a supervisor to publish a specified notice
143 in a newspaper, on the county’s website, or on the
144 supervisor’s website; requiring that signature updates
145 used to verify signatures on ballot certificates or
146 petitions be received by the supervisor before the
147 voter’s ballot is received, his or her provisional
148 ballot is cast, or the petition is submitted for
149 signature verification; requiring the supervisor to
150 use the signature on file at the time the vote-by-mail
151 ballot is received, the provisional ballot is cast, or
152 the petition is reviewed; providing an exception;
153 amending s. 98.093, F.S.; requiring the Department of
154 Health to weekly furnish a specified list to the
155 Department of State; requiring clerks of the circuit
156 court to weekly furnish specified information to the
157 supervisors; requiring the Department of Law
158 Enforcement to identify and report specified persons
159 to the Department of State on a weekly basis;
160 requiring the Florida Commission on Offender Review to
161 furnish data on clemency to the Department of State on
162 a weekly basis; requiring the Department of
163 Corrections to identify persons convicted of a felony
164 and committed to its custody, and to provide such
165 information to the Department of State, on a weekly
166 basis; requiring the Department of Highway Safety and
167 Motor Vehicles to provide specified information to the
168 Department of State on a weekly basis; revising
169 construction; making technical changes; amending s.
170 98.0981, F.S.; requiring supervisors to submit
171 specified reports to the department within a specified
172 timeframe; requiring supervisors to prepare a
173 reconciliation report and submit such report to the
174 department; providing requirements for, and the
175 required format of, the report; revising the
176 requirement that supervisors transmit to the
177 department, in a specified format, the completely
178 updated voting history information for each qualified
179 voter who voted; defining the term “unique precinct
180 identifier”; requiring supervisors to submit a
181 specified geographical information system map to the
182 department; requiring the department to submit a
183 specified election summary report to the Legislature
184 following the certification by the Elections
185 Canvassing Commission of specified elections; deleting
186 a provision detailing the file specifications;
187 revising the timeframe for a supervisor to collect and
188 submit to the department precinct-level election
189 results after certification by the commission of
190 specified elections; revising the procedures to
191 compile such results; requiring the supervisor to
192 research and address questions or issues identified by
193 the department in such results; requiring submittal of
194 amended precinct-level election results within a
195 specified timeframe, if certain conditions exist;
196 requiring the department to publish such results
197 online within a specified timeframe; specifying
198 requirements for the website; requiring that specified
199 precinct-level statistical data contain unique
200 precinct identifier numbers; requiring the department
201 to adopt specified rules; amending s. 99.021, F.S.;
202 revising the form of the candidate oath to require
203 that candidates acknowledge certain outstanding fines,
204 fees, or penalties related to ethics or campaign
205 finance violations; creating s. 99.0215, F.S.;
206 requiring a candidate to specify in the candidate’s
207 oath the name he or she would like to have printed on
208 the ballot, subject to specified conditions; requiring
209 a candidate to file a specified affidavit
210 simultaneously with the oath if the candidate wishes
211 to use a nickname, which is subject to certain
212 conditions; defining the term “political slogan”;
213 prohibiting the use of a professional title or degree
214 except in specified circumstances; amending s. 99.097,
215 F.S.; requiring the person or organization that
216 submits signatures for a local or statewide issue to
217 pay the supervisor in advance for checking the
218 signatures; making technical changes; amending s.
219 100.342, F.S.; specifying that the notice for a
220 special election or referendum may be published on the
221 county’s website, the municipality’s website, or the
222 supervisor’s website, as applicable; amending s.
223 101.001, F.S.; revising requirements for specified
224 maps maintained by supervisors of elections; deleting
225 a provision requiring supervisors to provide the
226 department certain data on precincts in the county;
227 deleting a provision requiring the department to
228 maintain a certain database; requiring supervisors of
229 elections to include changes in the name of a precinct
230 in a certain document; amending s. 101.048, F.S.;
231 providing that specified persons are entitled to vote
232 a provisional ballot; amending s. 101.151, F.S.;
233 requiring that on an election ballot, under specified
234 conditions, the word “incumbent” appear next to a
235 candidate’s name; amending s. 101.6103, F.S.;
236 conforming a cross-reference; making technical
237 changes; amending s. 101.62, F.S.; specifying that a
238 supervisor must accept requests for vote-by-mail
239 ballots only from specified persons; requiring the
240 department to adopt a specified rule; requiring a
241 supervisor to cancel a request for a vote-by-mail
242 ballot if certain mail sent by the supervisor to the
243 voter is returned to the supervisor as undeliverable;
244 requiring a voter who subsequently requests a vote-by
245 mail ballot to provide or confirm his or her current
246 residential address; requiring the supervisor to add
247 missing information to the voter’s registration record
248 if such information is provided in the vote-by-mail
249 request; revising the definition of the term
250 “immediate family”; deleting a provision requiring
251 vote-by-mail ballot requests to be received by a
252 specified time before the supervisor mails a vote-by
253 mail ballot; providing the deadline for submitting a
254 vote-by-mail ballot request; revising the means a
255 supervisor must use to send a vote-by-mail ballot to a
256 voter; prohibiting a supervisor from personally
257 delivering a vote-by-mail ballot to certain voters or
258 delivering a vote-by-mail ballot to certain voter’s
259 designees during the mandatory early voting period or
260 on election day, unless certain conditions exist;
261 making technical changes; amending s. 101.657, F.S.;
262 revising when early voting may be offered by a
263 supervisor; amending s. 101.68, F.S.; prohibiting
264 vote-by-mail ballots from being counted if two or more
265 ballots arrive in one mailing envelope; conforming
266 provisions to changes made by the act; amending s.
267 101.6921, F.S.; revising applicability; conforming
268 provisions to changes made by the act; amending s.
269 101.6923, F.S.; revising applicability; requiring that
270 a specified statement be included in a vote-by-mail
271 ballot provided to certain voters; conforming
272 provisions to changes made by the act; amending s.
273 101.6925, F.S.; revising the deadline for a voter to
274 make specified information available to the supervisor
275 before a vote-by-mail ballot can be canvassed;
276 amending s. 101.694, F.S.; conforming a cross
277 reference; amending s. 102.111, F.S.; revising the
278 time that the Elections Canvassing Commission meets to
279 certify returns; amending s. 102.112, F.S.; revising
280 the timeframe in which county returns are filed with
281 the department; amending s. 102.141, F.S.; specifying
282 the allowable number of certain alternate canvassing
283 board members; requiring the supervisor to file a
284 report with the Division of Elections within a
285 specified timeframe; revising the requirements for the
286 report; requiring the division to review the report
287 and offer specified training to supervisors based on
288 the report; requiring the department to submit an
289 analysis of specified reports to the Governor and the
290 Legislature by a specified date; amending s. 103.021,
291 F.S.; revising the timeframe within which a political
292 party executive committee must submit its presidential
293 electors to the Governor for nomination; requiring the
294 state executive committee of each party to include the
295 voter registration number and contact information of
296 such electors; requiring that electors be qualified
297 registered voters and members of the political party
298 for which they are named as electors; specifying that
299 a required oath be made in writing; revising the
300 timeframe within which the Governor must certify the
301 electors to the department; revising the timeframe
302 within which a minor political party must submit its
303 list of presidential electors to the department;
304 amending s. 103.022, F.S.; requiring certain write-in
305 candidates to file specified information with the
306 department; amending s. 103.091, F.S.; allowing
307 candidates for a state or county political party
308 executive committee to submit qualifying papers within
309 a specified timeframe before the qualifying period;
310 amending s. 104.18, F.S.; authorizing that a
311 prosecution for voting more than one ballot proceed in
312 any jurisdiction in which a ballot was willfully cast;
313 providing that it is not necessary to prove which
314 ballot was cast first; defining the term “willfully
315 votes more than one ballot at any election”; amending
316 s. 104.42, F.S.; authorizing the supervisors to report
317 his or her findings of specified investigations to the
318 Office of Election Crimes and Security rather than the
319 Florida Elections Commission; creating s. 104.47,
320 F.S.; defining the term “election worker”; prohibiting
321 a person from intimidating, threatening, coercing,
322 harassing, or attempting to intimidate, threaten,
323 coerce, or harass an election worker with specified
324 intent; providing criminal penalties; amending s.
325 106.07, F.S.; revising reporting intervals for
326 candidates and political committees from monthly to
327 quarterly; preempting local governments from
328 establishing reporting schedules that differ from
329 those established in that section; conforming a cross
330 reference; amending s. 106.0702, F.S.; conforming a
331 cross-reference; amending s. 106.0703, F.S.; revising
332 reporting intervals for electioneering communications
333 organizations from monthly to quarterly; conforming a
334 cross-reference; amending s. 106.08, F.S.; adding text
335 messages to the items that do not constitute
336 contributions to be counted toward contribution
337 limits; creating s. 106.1436, F.S.; defining the term
338 “voter guide”; prohibiting a person from representing
339 that a voter guide is an official publication of a
340 political party; providing an exception; providing
341 disclosure requirements for such voter guides;
342 providing criminal penalties and fines; amending s.
343 106.265, F.S.; increasing the maximum civil fines that
344 may be imposed for specified violations; providing
345 that fines assessed against a political committee also
346 attach jointly and severally to persons with control
347 over the political committee; providing an effective
348 date.
349
350 Be It Enacted by the Legislature of the State of Florida:
351
352 Section 1. Subsection (17) of section 97.012, Florida
353 Statutes, is amended to read:
354 97.012 Secretary of State as chief election officer.—The
355 Secretary of State is the chief election officer of the state,
356 and it is his or her responsibility to:
357 (17) Provide mandatory formal signature matching training
358 to supervisors of elections and county canvassing board members.
359 Any person whose duties require verification of signatures must
360 undergo signature matching training. The department shall adopt
361 rules governing signature matching procedures and training.
362 Section 2. Subsection (2) of section 97.022, Florida
363 Statutes, is amended to read:
364 97.022 Office of Election Crimes and Security; creation;
365 purpose and duties.—
366 (2) The office may review complaints and conduct
367 preliminary investigations into alleged violations of, or any
368 alleged election irregularity involving, the Florida Election
369 Code or any rule adopted pursuant thereto and any election
370 irregularities.
371 (a) Based on the findings of its reviews and
372 investigations, the office may make referrals for further legal
373 action to:
374 1. The Department of Law Enforcement, pursuant to s.
375 102.091;
376 2. The Office of Statewide Prosecution, pursuant to s.
377 16.56(1)(c); or
378 3. The state attorney with jurisdiction over the matter,
379 pursuant to s. 27.02.
380 (b) The statewide prosecutor receiving a complaint referred
381 by the office shall investigate the complaint promptly and
382 thoroughly, undertake any related criminal action as justified
383 by law, and report to the office the results of any such
384 investigation, any related action taken, and the final
385 disposition of the complaint. The failure or refusal of the
386 statewide prosecutor to prosecute or initiate action on a
387 complaint or referral by the office or the Department of Law
388 Enforcement does not bar further action by any other law
389 enforcement entity with jurisdiction. This section does not
390 limit the jurisdiction of any other unit of government from
391 exercising its statutory or constitutional authority in the
392 investigation or prosecution of alleged violations of the law.
393 Section 3. Section 97.0535, Florida Statutes, is amended to
394 read:
395 97.0535 Special requirements for certain first-time
396 applicants and voters certain applicants.—
397 (1) Each applicant who registers for the first time in this
398 state, by mail and who has never previously voted in this the
399 state, and who the department has verified has not been issued a
400 social security number, a current and valid Florida driver
401 license, or a Florida identification card must, or social
402 security number shall be required to provide a copy of a current
403 and valid identification, as provided in paragraph (c) or
404 paragraph (d), as applicable subsection (3), or indicate that he
405 or she is exempt pursuant to paragraph (e) from the
406 identification requirements prior to voting. Such identification
407 or indication must may be provided at the time of registering,
408 or at any time before prior to voting for the first time in this
409 the state.
410 (a) If the voter registration application clearly provides
411 information from which a voter registration official can
412 determine that the applicant meets at least one of the
413 exemptions in paragraph (e) subsection (4), the voter
414 registration official must shall make the notation on the
415 registration records of the statewide voter registration system
416 and the applicant may shall not be required to provide the
417 identification required by this section.
418 (b)(2) If the voter registration application does not
419 provide information from which a voter registration official can
420 determine that the applicant is exempt from the identification
421 requirements of this section, the voter registration official
422 must shall, upon accepting the voter registration application
423 submitted pursuant to subsection (1), determine if the applicant
424 provided the required identification at the time of registering.
425 If the required identification was not provided, the supervisor
426 shall notify the applicant that he or she must provide the
427 identification before prior to voting the first time in this the
428 state or otherwise vote provisionally.
429 (c)(3)(a) The following forms of identification are shall
430 be considered current and valid if they contain the name and
431 photograph of the applicant and have not expired:
432 1. United States passport.
433 2. Debit or credit card.
434 3. Military identification.
435 4. Student identification.
436 5. Retirement center identification.
437 6. Neighborhood association identification.
438 7. Public assistance identification.
439 8. Veteran health identification card issued by the United
440 States Department of Veterans Affairs.
441 9. A license to carry a concealed weapon or firearm issued
442 pursuant to s. 790.06.
443 10. Employee identification card issued by any branch,
444 department, agency, or entity of the Federal Government, the
445 state, a county, or a municipality.
446 (d)(b) The following forms of identification are shall be
447 considered current and valid if they contain the name and
448 current residence address of the applicant:
449 1. Utility bill.
450 2. Bank statement.
451 3. Government check.
452 4. Paycheck.
453 5. Other government document (excluding a voter information
454 identification card).
455 (e)(4) The following persons are exempt from the
456 identification requirements of this section:
457 1.(a) Persons 65 years of age or older.
458 2.(b) Persons with a temporary or permanent physical
459 disability.
460 3.(c) Members of the uniformed service on active duty who,
461 by reason of such active duty, are absent from the county on
462 election day.
463 4.(d) Members of the Merchant Marine who, by reason of
464 service in the Merchant Marine, are absent from the county on
465 election day.
466 5.(e) The spouse or dependent of a member referred to in
467 subparagraph 3. or subparagraph 4. paragraph (c) or paragraph
468 (d) who, by reason of the active duty or service of the member,
469 is absent from the county on election day.
470 6.(f) Persons currently residing outside the United States
471 who are eligible to vote in Florida.
472 (2) Each applicant who registers for the first time in this
473 state, who has not previously voted in this state, and who the
474 department has verified has not been issued a social security
475 number, a current and valid Florida driver license, or a current
476 and valid Florida identification card is required to vote in
477 person the first time the person votes in this state. This
478 subsection does not apply in the case of a registered voter if
479 any of the following applies:
480 (a) The registered voter is entitled to vote by absentee
481 ballot under the federal Uniformed and Overseas Citizens
482 Absentee Voting Act, Pub. L. No. 99-410.
483 (b) The registered voter is provided the right to vote
484 otherwise than in person under the Voting Accessibility for the
485 Elderly and Handicapped Act, 52 U.S.C. s. 20102(b)(2)(B)(ii).
486 (c) The registered voter is entitled to vote otherwise than
487 in person under any other federal law.
488 Section 4. Subsection (13) of section 97.057, Florida
489 Statutes, is amended to read:
490 97.057 Voter registration by the Department of Highway
491 Safety and Motor Vehicles.—
492 (13) The Department of Highway Safety and Motor Vehicles
493 must assist the Department of State in regularly identifying
494 changes in residence address on the driver license or
495 identification card of a voter. The Department of State must
496 report each such change to the appropriate supervisor of
497 elections who must change the voter’s registration records in
498 accordance with s. 98.065(4) s. 98.065(5).
499 Section 5. Section 97.0575, Florida Statutes, is amended to
500 read:
501 97.0575 Third-party voter registration organizations
502 registrations.—
503 (1) Before engaging in any voter registration activities, a
504 third-party voter registration organization must register and
505 provide to the division, in an electronic format, the following
506 information:
507 (a) The names of the officers of the organization and the
508 name and permanent address of the organization.
509 (b) The name and address of the organization’s registered
510 agent in the state.
511 (c) The names, permanent addresses, and temporary
512 addresses, if any, of each registration agent registering
513 persons to vote in this state on behalf of the organization.
514 This paragraph does not apply to persons who only solicit
515 applications and do not collect or handle voter registration
516 applications.
517 (d) The specific general election cycle for which the
518 third-party voter registration organization is registering
519 persons to vote. This paragraph does not apply to third-party
520 voter registration organizations that are a state or local
521 subsidiary of a registered political party.
522 (2) The registration of a third-party voter registration
523 organization automatically expires at the conclusion of the
524 specific general election cycle for which the third-party voter
525 registration organization is registered. This subsection does
526 not apply to third-party voter registration organizations that
527 are a state or local subsidiary of a registered political party.
528 (3) The division or the supervisor of elections shall make
529 voter registration forms available to third-party voter
530 registration organizations. All such forms must contain
531 information identifying the organization to which the forms are
532 provided. The division shall maintain a database of all third
533 party voter registration organizations and the voter
534 registration forms assigned to the third-party voter
535 registration organization. Each supervisor of elections shall
536 provide to the division information on voter registration forms
537 assigned to and received from third-party voter registration
538 organizations. The information must be provided in a format and
539 at times as required by the division by rule. The division shall
540 must update information on third-party voter registrations daily
541 and make the information publicly available.
542 (4) A third-party voter registration organization that
543 collects voter registration applications must provide a receipt
544 to each applicant upon accepting possession of the application.
545 The division shall adopt by rule a uniform format for the
546 receipt. The format must include, but need not be limited to,
547 the name of the applicant, the date received, the name of the
548 third-party voter registration organization, the name of the
549 registration agent, the applicant’s political party affiliation,
550 and the county in which the applicant resides.
551 (5)(a)(3)(a) A third-party voter registration organization
552 that collects voter registration applications serves as a
553 fiduciary to the applicant and must ensure, ensuring that any
554 voter registration application entrusted to the organization,
555 irrespective of party affiliation, race, ethnicity, or gender,
556 is must be promptly delivered to the division or the supervisor
557 of elections in the county in which the applicant resides within
558 10 14 days after the application is was completed by the
559 applicant, but not after registration closes for the next
560 ensuing election. If a voter registration application collected
561 by any third-party voter registration organization is not
562 promptly delivered to the division or supervisor of elections in
563 the county in which the applicant resides, the third-party voter
564 registration organization is liable for the following fines:
565 1. A fine in the amount of $50 per each day late, up to
566 $2,500, for each application received by the division or the
567 supervisor of elections in the county in which the applicant
568 resides more than 10 14 days after the applicant delivered the
569 completed voter registration application to the third-party
570 voter registration organization or any person, entity, or agent
571 acting on its behalf. A fine in the amount of $2,500 $250 for
572 each application received if the third-party voter registration
573 organization or person, entity, or agency acting on its behalf
574 acted willfully.
575 2. A fine in the amount of $100 per each day late, up to
576 $5,000, for each application collected by a third-party voter
577 registration organization or any person, entity, or agent acting
578 on its behalf, before book closing for any given election for
579 federal or state office and received by the division or the
580 supervisor of elections in the county in which the applicant
581 resides after the book-closing deadline for such election. A
582 fine in the amount of $5,000 $500 for each application received
583 if the third-party voter registration organization or any
584 person, entity, or agency acting on its behalf acted willfully.
585 3. A fine in the amount of $500 for each application
586 collected by a third-party voter registration organization or
587 any person, entity, or agent acting on its behalf, which is not
588 submitted to the division or supervisor of elections in the
589 county in which the applicant resides. A fine in the amount of
590 $5,000 $1,000 for any application not submitted if the third
591 party voter registration organization or person, entity, or
592 agency acting on its behalf acted willfully.
593
594 The aggregate fine which may be assessed pursuant to this
595 paragraph which may be assessed against a third-party voter
596 registration organization, including affiliate organizations,
597 for violations committed in a calendar year is $100,000 $50,000.
598 (b) A showing by the third-party voter registration
599 organization that the failure to deliver the voter registration
600 application within the required timeframe is based upon force
601 majeure or impossibility of performance shall be an affirmative
602 defense to a violation of this subsection. The secretary may
603 waive the fines described in this subsection upon a showing that
604 the failure to deliver the voter registration application
605 promptly is based upon force majeure or impossibility of
606 performance.
607 (6)(4) If a person collecting voter registration
608 applications on behalf of a third-party voter registration
609 organization alters the voter registration application of any
610 other person, without the other person’s knowledge and consent,
611 in violation of s. 104.012(4) and is subsequently convicted of
612 such offense, the applicable third-party voter registration
613 organization is liable for a fine in the amount of $5,000 $1,000
614 for each application altered.
615 (7) If a person collecting voter registration applications
616 on behalf of a third-party voter registration organization
617 copies the voter’s application or retains such personal
618 information as the voter’s Florida driver license number,
619 Florida identification card number, social security number, or
620 signature for any reason other than to provide such application
621 or information to the third-party voter registration
622 organization, as necessary for the sole purpose of compliance
623 with this section, the person commits a felony of the third
624 degree, punishable as provided in s. 775.082, s. 775.083, or s.
625 775.084.
626 (8)(5) If the Secretary of State reasonably believes that a
627 person has committed a violation of this section, the secretary
628 may refer the matter to the Attorney General for enforcement.
629 The Attorney General may institute a civil action for a
630 violation of this section or to prevent a violation of this
631 section. An action for relief may include a permanent or
632 temporary injunction, a restraining order, or any other
633 appropriate order.
634 (9)(6) The division shall adopt by rule a form to elicit
635 specific information concerning the facts and circumstances from
636 a person who claims to have been registered to vote by a third
637 party voter registration organization but who does not appear as
638 an active voter on the voter registration rolls. The division
639 shall also adopt rules to ensure the integrity of the
640 registration process, including controls to ensure that all
641 completed forms are promptly delivered to the division or a
642 supervisor in the county in which the applicant resides.
643 (10)(7) The date on which an applicant signs a voter
644 registration application is presumed to be the date on which the
645 third-party voter registration organization received or
646 collected the voter registration application.
647 (11)(8) The requirements of this section are retroactive
648 for any third-party voter registration organization registered
649 with the department on the effective date of this act, and must
650 be complied with within 90 days after the department provides
651 notice to the third-party voter registration organization of the
652 requirements contained in this section. Failure of the third
653 party voter registration organization to comply with the
654 requirements within 90 days after receipt of the notice shall
655 automatically result in the cancellation of the third-party
656 voter registration organization’s registration.
657 (12) A third-party voter registration organization may not
658 mail or otherwise provide a voter registration application upon
659 which any information about an applicant has been filled in
660 before it is provided to the applicant. A third-party voter
661 registration organization that violates this section is liable
662 for a fine in the amount of $50 for each such application.
663 Section 6. Subsections (1) and (3) of section 97.071,
664 Florida Statutes, are amended to read:
665 97.071 Voter information card.—
666 (1) A voter information card must shall be furnished by the
667 supervisor to all registered voters residing in the supervisor’s
668 county. The card must contain:
669 (a) Voter’s registration number.
670 (b) Date of registration.
671 (c) Full name.
672 (d) Party affiliation.
673 (e) Date of birth.
674 (f) Address of legal residence.
675 (g) Precinct number.
676 (h) Polling place address and a link to the supervisor’s
677 website to provide the most current polling place locations.
678 (i) Name of supervisor and contact information of
679 supervisor.
680 (j) The following statement: “This card is for information
681 purposes only. This card is proof of registration but is not
682 legal verification of the eligibility to vote. It is the
683 responsibility of a voter to keep his or her eligibility status
684 current.”
685 (k) Other information deemed necessary by the supervisor.
686 (3) In the case of a change of name, address of legal
687 residence, polling place address, or party affiliation, the
688 supervisor shall issue the voter a new voter information card. A
689 temporary change made to a polling location pursuant to ss.
690 101.71 and 101.74 does not require the issuance of a new voter
691 information card.
692 Section 7. Subsections (2) through (7) of section 98.065,
693 Florida Statutes, are amended to read:
694 98.065 Registration list maintenance programs.—
695 (2) A supervisor must incorporate one or more of the
696 following procedures in the supervisor’s annual registration
697 list maintenance program under which the supervisor shall:
698 (a) Use change-of-address information supplied by the
699 United States Postal Service through its licensees or as may be
700 provided through the Department of State, and change of address
701 information from any official election mailing, to identify
702 registered voters whose addresses might have changed.
703 Additionally, in odd-numbered years, unless the supervisor is
704 conducting the procedure specified in paragraph (b), the
705 supervisor must identify change-of-address information from
706 returned nonforwardable return-if-undeliverable address
707 confirmation requests mailed to all registered voters who have
708 not voted in the preceding two general elections or any
709 intervening election and who have not made a request that their
710 registration records be updated during that time; or
711 (b) In an odd-numbered year, identify change-of-address
712 information from returned nonforwardable return-if-undeliverable
713 mail sent to all registered voters in the county or identify
714 change-of-address information from returned nonforwardable
715 return-if-undeliverable address confirmation final notices
716 mailed to all registered voters who have not voted in the two
717 preceding general elections or in any intervening election and
718 who have not requested that their registration records be
719 updated or confirmed, including their current address, or
720 through voter activities, such as requesting a vote-by-mail
721 ballot or signing a candidate or state or local petition during
722 that time.
723 (3) Address confirmation requests sent pursuant to
724 paragraph (2)(a) and mail sent pursuant to paragraph (b) must be
725 addressed to the voter’s address of legal residence, not
726 including voters temporarily residing outside the county and
727 registered in the precinct designated by the supervisor pursuant
728 to s. 101.045(1). If a request is returned as undeliverable, any
729 other notification sent to the voter pursuant to subsection (5)
730 or s. 98.0655 must be addressed to the voter’s mailing address
731 on file, if any.
732 (4) A registration list maintenance program must be
733 conducted by each supervisor, at a minimum, once each year and
734 must be completed not later than 90 days before the date of any
735 federal election. All list maintenance actions associated with
736 each voter must be entered, tracked, recorded, and maintained in
737 the statewide voter registration system.
738 (4)(a)(5)(a) If the supervisor receives change-of-address
739 information pursuant to the activities conducted in subsection
740 (2), from clerks of the court reporting responses to jury
741 notices signed by the voter and returned to the courts, from the
742 Department of Highway Safety and Motor Vehicles, or from other
743 official sources which indicate indicates that a registered
744 voter’s legal residence might have changed to another location
745 within this the state, the supervisor must change the
746 registration records to reflect the new address and must send
747 the voter an address confirmation request change notice as
748 provided in s. 98.0655(2)(a) s. 98.0655(2).
749 (b) If the supervisor of elections receives change-of
750 address information pursuant to the activities conducted in
751 subsection (2), from the clerks of the court reporting responses
752 to jury notices signed by the voter and returned to the courts,
753 from the Department of Highway Safety and Motor Vehicles based
754 on removal of persons from its Florida driver license and state
755 identification card system pursuant to s. 98.093(2), or from
756 other official sources which indicates that a registered voter’s
757 legal residence might have changed to a location outside this
758 the state, the supervisor of elections must shall send an
759 address confirmation request final notice to the voter as
760 provided in s. 98.0655(2)(a) s. 98.0655(3). If the out-of-state
761 address information is received from a returned address
762 confirmation final notice already sent pursuant to subsection
763 (2), further notice is not required and the voter’s name must be
764 placed in inactive status pursuant to paragraph (d).
765 (c) If an address confirmation request required by
766 subsection (2) paragraph (2)(a) is returned as undeliverable
767 without indication of an address change, or there is no response
768 from the voter within 30 days, or if any other nonforwardable
769 return-if-undeliverable mail is returned as undeliverable with
770 no indication of an address change, the supervisor must shall
771 send an address confirmation final notice to all addresses on
772 file for the voter, unless an address confirmation final notice
773 has already been sent to the same address.
774 (d) The supervisor must designate as inactive all voters
775 who have been sent an address confirmation final notice and who
776 have not returned the postage prepaid, preaddressed return form
777 within 30 days or for which the final notice has been returned
778 as undeliverable without an indication of an in-state address
779 change. Names on the inactive list may not be used to calculate
780 the number of signatures needed on any petition. A voter on the
781 inactive list may be restored to the active list of voters upon
782 certain voter activity, including the voter updating his or her
783 registration record or confirming or updating and confirming his
784 or her current address of legal residence by, requesting a vote
785 by-mail ballot, by and confirming his or her current address of
786 legal residence, or appearing to vote, or by signing a candidate
787 or state or local petition and confirming his or her current
788 address of legal residence. However, if the voter does not
789 update his or her voter registration information, request a
790 vote-by-mail ballot, or vote, or sign a candidate or state or
791 local petition by the second general election after being placed
792 on the inactive list, the voter’s name must shall be removed
793 from the statewide voter registration system no later than
794 December 31 of that year, and the voter must shall be required
795 to reregister to have his or her name restored to the statewide
796 voter registration system.
797 (5)(6) An address list maintenance program under this
798 section may not be initiated, and A notice may not be issued
799 pursuant to this section and a voter’s name may not be removed
800 from the statewide voter registration system during the later
801 than 90 days before prior to the date of a federal election.
802 However, this section does not preclude the correction or update
803 of registration records based on information submitted by the
804 voter, including a response to a notice, including a jury
805 notice, or removal of the name of a voter from the statewide
806 voter registration system at any time upon the voter’s written
807 request, upon information received pursuant to s. 98.045(2)(b)
808 or from an out-of-state election official that a voter has
809 registered to vote out of state, by reason of the voter’s death,
810 or upon a determination of the voter’s ineligibility as provided
811 in s. 98.075(7).
812 (6) The supervisor shall conduct at least an annual review
813 of voter registration records to identify registration records
814 in which a voter may be registered at an address that may not be
815 an address of legal residence for the voter. For those
816 registration records with such addresses that the supervisor has
817 reasonable belief are not legal residential addresses, the
818 supervisor shall initiate list maintenance pursuant to s.
819 98.075(6) and (7).
820 (7)(a) No later than July 31 and January 31 of each year,
821 the supervisor must certify to the department the address list
822 maintenance activities conducted during the first 6 months and
823 the second 6 months of the year, respectively, including the
824 number of address confirmation requests sent, the number of
825 voters designated as inactive, and the number of voters removed
826 from the statewide voter registration system.
827 (b) If, based on the certification provided pursuant to
828 paragraph (a), the department determines that a supervisor has
829 not conducted the list maintenance activities required by this
830 section, the department must coordinate with the supervisor to
831 ensure that shall conduct the appropriate list maintenance
832 activities for that county are conducted. Failure to conduct
833 list maintenance activities as required in this section
834 constitutes a violation of s. 104.051.
835 Section 8. Section 98.0655, Florida Statutes, is amended to
836 read:
837 98.0655 Registration list maintenance forms.—The department
838 shall prescribe registration list maintenance forms to be used
839 by the supervisors which must include:
840 (1) An address confirmation request by forwardable mail,
841 including a postage prepaid, preaddressed return form, which
842 that must contain:
843 (a) The voter’s name and address of legal residence as
844 shown on the voter registration record;
845 (b) A request that the voter notify the supervisor if
846 either the voter’s name or address of legal residence is
847 incorrect;
848 (c) If the address confirmation request is required by s.
849 98.065(2) s. 98.065(2)(a), a statement that if the voter has not
850 changed his or her legal residence or has changed his or her
851 legal residence within this the state, the voter should return
852 the form within 30 days after the date on which the notice was
853 sent to the voter; and
854 (d) Information about updating voter information through
855 the online voter registration system.
856 (2)(a) An address change notice that must be sent to the
857 newly recorded address of legal residence by forwardable mail,
858 including a postage prepaid, preaddressed return form with which
859 the voter may verify or correct the voter’s new address
860 information.
861 (3) An address confirmation request required pursuant to s.
862 98.065(2) final notice that must be sent to the newly recorded
863 address of legal residence, or to the most current address all
864 addresses on file for the voter if no indication of new address
865 has been received. The request must be sent, by forwardable mail
866 and must contain a postage prepaid, preaddressed return form and
867 a statement that the voter must respond within 30 days after the
868 date on which the request was sent and confirm on the return
869 form that the voter:
870 1. Has not changed his or her legal residence and is
871 reconfirming the address on record;
872 2. Has changed his or her legal residence within this state
873 and is providing the updated address on the return form or
874 through the online voter registration system; or
875 3. Has changed his or her legal residence to a location
876 outside this state and that he or she requests removal pursuant
877 to s. 98.045(2)
878 (a) If the voter has not changed his or her legal residence
879 or has changed his or her legal residence within the state, the
880 voter should return the form within 30 days after the date on
881 which the notice was sent to the voter.
882 (b) If the voter has changed his or her legal residence to
883 a location outside the state:
884 1. The voter shall return the form, which serves as a
885 request to be removed from the registration books; and
886 2. The voter must shall be provided with information on how
887 to register in the new jurisdiction in order to be eligible to
888 vote.
889 (c) If the return form is not returned, the voter’s name
890 must shall be designated as inactive in the statewide voter
891 registration system pursuant to s. 98.065, and confirmation of
892 the voter’s address of legal residence is may be required before
893 the voter is authorized to vote in an election.
894 Section 9. Paragraph (c) of subsection (2) and subsections
895 (3) through (8) of section 98.075, Florida Statutes, are amended
896 to read:
897 98.075 Registration records maintenance activities;
898 ineligibility determinations.—
899 (2) DUPLICATE REGISTRATION.—
900 (c) Information received by the department from another
901 state or the District of Columbia upon the department becoming a
902 member of a nongovernmental entity as provided in subparagraph
903 (b)1., which is confidential or exempt pursuant to the laws of
904 that state or the District of Columbia, is exempt from s.
905 119.07(1) and s. 24(a), Art. I of the State Constitution. The
906 department shall provide such information to the supervisors to
907 conduct registration list maintenance activities. This paragraph
908 is subject to the Open Government Sunset Review Act in
909 accordance with s. 119.15 and shall stand repealed on October 2,
910 2023, unless reviewed and saved from repeal through reenactment
911 by the Legislature.
912 (3) DECEASED PERSONS.—
913 (a)1. The department shall identify those registered voters
914 who are deceased by comparing information received from:
915 a. The Department of Health as provided in s. 98.093;
916 b. The United States Social Security Administration,
917 including, but not limited to, any master death file or index
918 compiled by the United States Social Security Administration; or
919 and
920 c. The Department of Highway Safety and Motor Vehicles.
921 2. Within 7 days after receipt of such information through
922 the statewide voter registration system, the supervisor shall
923 remove the name of the registered voter.
924 (b) The supervisor shall remove the name of a deceased
925 registered voter from the statewide voter registration system
926 within 7 days after receipt of:
927 1. upon receipt of A copy of a death certificate issued by
928 a governmental agency authorized to issue death certificates;
929 or.
930 2. Information on the death of the registered voter
931 received from the Department of Highway Safety and Motor
932 Vehicles.
933 (4) ADJUDICATION OF MENTAL INCAPACITY.—The department shall
934 identify those registered voters who have been adjudicated
935 mentally incapacitated with respect to voting and who have not
936 had their voting rights restored by comparing information
937 received from the clerk of the circuit court as provided in s.
938 98.093. The department shall review such information and make an
939 initial determination as to whether the information is credible
940 and reliable. If the department determines that the information
941 is credible and reliable, the department must shall notify the
942 supervisor and provide a copy of the supporting documentation
943 indicating the potential ineligibility of the voter to be
944 registered. Upon receipt of the notice that the department has
945 made a determination of initial credibility and reliability, the
946 supervisor shall adhere to the procedures set forth in
947 subsection (7) before prior to the removal of a registered voter
948 from the statewide voter registration system.
949 (5) FELONY CONVICTION.—
950 (a) The department shall identify those registered voters
951 who have been convicted of a felony and whose voting rights have
952 not been restored by comparing information received from, but
953 not limited to, a clerk of the circuit court, the Board of
954 Executive Clemency, the Department of Corrections, the
955 Department of Law Enforcement, or a United States Attorney’s
956 Office, as provided in s. 98.093. The department shall review
957 such information and make an initial determination as to whether
958 the information is credible and reliable. If the department
959 determines that the information is credible and reliable, the
960 department must shall notify the supervisor and provide a copy
961 of the supporting documentation indicating the potential
962 ineligibility of the voter to be registered. Upon receipt of the
963 notice that the department has made a determination of initial
964 credibility and reliability, the supervisor shall adhere to the
965 procedures set forth in subsection (7) before prior to the
966 removal of a registered voter’s name from the statewide voter
967 registration system.
968 (b) The supervisors shall coordinate with their respective
969 clerks of the court to obtain information pursuant to s. 98.093
970 to identify registered voters within their respective
971 jurisdictions who have been convicted of a felony during the
972 preceding week and whose right to vote has not been restored.
973 The supervisor shall adhere to the procedures set forth in
974 subsection (7) before the removal of a registered voter’s name
975 from the statewide voter registration system.
976 (6) OTHER BASES FOR INELIGIBILITY.—Subsections (2)-(5) do
977 not limit or restrict the department or the supervisor in his or
978 her duty to act upon direct receipt of, access to, or knowledge
979 of any official information from any source that identifies a
980 registered voter as potentially ineligible. If the department or
981 supervisor receives official information from sources other than
982 those identified in subsections (2)-(5) that a registered voter
983 is ineligible because the voter he or she is deceased,
984 adjudicated a convicted felon without having had his or her
985 voting rights restored, adjudicated mentally incapacitated
986 without having had his or her voting rights restored, does not
987 meet the age requirement pursuant to s. 97.041, is not a United
988 States citizen, is a fictitious person, or has listed an address
989 a residence that is not his or her legal residence or an address
990 of legal residence, the supervisor must adhere to the procedures
991 set forth in subsection (7) before prior to the removal of a
992 registered voter’s name who is determined to be ineligible from
993 the statewide voter registration system.
994 (7) PROCEDURES FOR REMOVAL.—
995 (a) If the supervisor receives notice or information
996 pursuant to subsections (4)-(6), the supervisor of the county in
997 which the voter is registered must shall:
998 1. Notify the registered voter of his or her potential
999 ineligibility by mail within 7 days after receipt of notice or
1000 information. The notice must shall include:
1001 a. A statement of the basis for the registered voter’s
1002 potential ineligibility and a copy of any documentation upon
1003 which the potential ineligibility is based. Such documentation
1004 must include any conviction from another jurisdiction determined
1005 to be a similar offense to murder or a felony sexual offense, as
1006 those terms are defined in s. 98.0751.
1007 b. A statement that failure to respond within 30 days after
1008 receipt of the notice may result in a determination of
1009 ineligibility and in removal of the registered voter’s name from
1010 the statewide voter registration system.
1011 c. A return form that requires the registered voter to
1012 admit or deny the accuracy of the information underlying the
1013 potential ineligibility for purposes of a final determination by
1014 the supervisor.
1015 d. A statement that, if the voter is denying the accuracy
1016 of the information underlying the potential ineligibility, the
1017 voter has a right to request a hearing for the purpose of
1018 determining eligibility.
1019 e. Instructions for the registered voter to contact the
1020 supervisor of elections of the county in which the voter is
1021 registered if assistance is needed in resolving the matter.
1022 f. Instructions for seeking restoration of civil rights
1023 pursuant to s. 8, Art. IV of the State Constitution and
1024 information explaining voting rights restoration pursuant to s.
1025 4, Art. VI of the State Constitution following a felony
1026 conviction, if applicable.
1027 g. A statement that the voter may be required to vote a
1028 provisional ballot until a final determination of eligibility is
1029 made.
1030 2. If the mailed notice is returned as undeliverable, the
1031 supervisor must, within 7 days after receiving the returned
1032 notice, either publish shall publish notice once in a newspaper
1033 of general circulation in the county in which the voter was last
1034 registered or publish notice on the county’s website as may be
1035 allowed pursuant to s. 50.0311, or on the supervisor’s website,
1036 as deemed appropriate by the supervisor. The notice must shall
1037 contain the following:
1038 a. The voter’s name and address.
1039 b. A statement that the voter is potentially ineligible to
1040 be registered to vote.
1041 c. A statement that failure to respond within 30 days after
1042 the notice is published may result in a determination of
1043 ineligibility by the supervisor and removal of the registered
1044 voter’s name from the statewide voter registration system.
1045 d. An instruction for the voter to contact the supervisor
1046 no later than 30 days after the date of the published notice to
1047 receive information regarding the basis for the potential
1048 ineligibility and the procedure to resolve the matter.
1049 e. An instruction to the voter that, if further assistance
1050 is needed, the voter should contact the supervisor of elections
1051 of the county in which the voter is registered.
1052 f. A statement that, if the voter denies the accuracy of
1053 the information underlying the potential ineligibility, the
1054 voter has a right to request a hearing for the purpose of
1055 determining eligibility.
1056 g. A statement that the voter may be required to vote a
1057 provisional ballot until a final determination of eligibility is
1058 made.
1059 3. If a registered voter fails to respond to a notice
1060 pursuant to subparagraph 1. or subparagraph 2., the supervisor
1061 must shall make a final determination of the voter’s eligibility
1062 within 7 days. If the supervisor determines that the voter is
1063 ineligible, the supervisor must shall remove the name of the
1064 registered voter from the statewide voter registration system
1065 within 7 days. The supervisor shall notify the registered voter
1066 of the supervisor’s determination and action.
1067 4. If a registered voter responds to the notice pursuant to
1068 subparagraph 1. or subparagraph 2. and admits the accuracy of
1069 the information underlying the potential ineligibility, the
1070 supervisor must immediately shall make a final determination of
1071 ineligibility and shall remove the voter’s name from the
1072 statewide voter registration system. The supervisor shall notify
1073 the registered voter of the supervisor’s determination and
1074 action.
1075 5. If a registered voter responds to the notice issued
1076 pursuant to subparagraph 1. or subparagraph 2. and denies the
1077 accuracy of the information underlying the potential
1078 ineligibility but does not request a hearing, the supervisor
1079 must shall review the evidence and make a final determination of
1080 eligibility no later than 30 days after receiving the response
1081 from the voter. If the supervisor determines that the registered
1082 voter is ineligible, the supervisor must remove the voter’s name
1083 from the statewide voter registration system upon such
1084 determination and notify the registered voter of the
1085 supervisor’s determination and action and that the removed voter
1086 has a right to appeal a determination of ineligibility pursuant
1087 to s. 98.0755. If such registered voter requests a hearing, the
1088 supervisor must shall send notice to the registered voter to
1089 attend a hearing at a time and place specified in the notice.
1090 The supervisor shall schedule and issue notice for the hearing
1091 within 7 days after receiving the voter’s request for a hearing
1092 and shall hold the hearing no later than 30 days after issuing
1093 the notice of the hearing. Upon hearing all evidence presented
1094 at the hearing, the supervisor shall make a determination of
1095 eligibility within 7 days. If the supervisor determines that the
1096 registered voter is ineligible, the supervisor must shall remove
1097 the voter’s name from the statewide voter registration system
1098 and notify the registered voter of the supervisor’s
1099 determination and action and that the removed voter has a right
1100 to appeal a determination of ineligibility pursuant to s.
1101 98.0755.
1102 (b) The following shall apply to this subsection:
1103 1. All determinations of eligibility must shall be based on
1104 a preponderance of the evidence.
1105 2. All proceedings are exempt from the provisions of
1106 chapter 120.
1107 3. Any notice must shall be sent to the registered voter by
1108 certified mail, return receipt requested, or other means that
1109 provides a verification of receipt or must shall be published in
1110 a newspaper of general circulation where the voter was last
1111 registered, whichever is applicable.
1112 4. The supervisor shall remove the name of any registered
1113 voter from the statewide voter registration system only after
1114 the supervisor makes a final determination that the voter is
1115 ineligible to vote.
1116 5. Any voter whose name has been removed from the statewide
1117 voter registration system pursuant to a determination of
1118 ineligibility may appeal that determination under the provisions
1119 of s. 98.0755.
1120 6. Any voter whose name was removed from the statewide
1121 voter registration system on the basis of a determination of
1122 ineligibility who subsequently becomes eligible to vote must
1123 reregister in order to have his or her name restored to the
1124 statewide voter registration system.
1125 (8) CERTIFICATION.—
1126 (a) No later than July 31 and January 31 of each year, the
1127 supervisor shall certify to the department that the supervisor
1128 has the activities conducted the activities required pursuant to
1129 this section during the first 6 months and the second 6 months
1130 of the year, respectively. The certification must shall include
1131 the number of persons to whom notices were sent pursuant to
1132 subsection (7), the number of persons who responded to the
1133 notices, the number of notices returned as undeliverable, the
1134 number of notices published in the newspaper, the number of
1135 hearings conducted, and the number of persons removed from the
1136 statewide voter registration system systems and the reasons for
1137 such removals.
1138 (b) If, based on the certification provided pursuant to
1139 paragraph (a), the department determines that a supervisor has
1140 not satisfied the requirements of this section, the department
1141 must coordinate with the supervisor to ensure that shall satisfy
1142 the appropriate list maintenance activities requirements for
1143 that county are conducted. Failure to satisfy the requirements
1144 of this section constitutes shall constitute a violation of s.
1145 104.051.
1146 Section 10. Subsections (2), (3), and (4) of section
1147 98.077, Florida Statutes, are amended to read:
1148 98.077 Update of voter signature.—
1149 (2) The department and supervisors of elections shall
1150 include in any correspondence, other than postcard notifications
1151 and notices relating to eligibility, sent to a registered voter
1152 information regarding when, where, and how to update the voter’s
1153 signature and shall provide the voter information on how to
1154 obtain a voter registration application from a voter
1155 registration official which can be returned to update the
1156 signature.
1157 (3) At least once during each general election year before
1158 the presidential preference primary or the primary election,
1159 whichever occurs first, the supervisor shall publish in a
1160 newspaper of general circulation or other newspaper in the
1161 county or on the county’s website as may be allowed pursuant to
1162 s. 50.0311 or on the supervisor’s website, as deemed appropriate
1163 by the supervisor, a notice specifying when, where, or how a
1164 voter can update his or her signature that is on file and how a
1165 voter can obtain a voter registration application from a voter
1166 registration official.
1167 (4) Except as authorized in ss. 101.048 and 101.68:
1168 (a) All signature updates for use in verifying vote-by-mail
1169 voter certificates, and provisional ballot voter certificates,
1170 or petitions ballots must be received by the appropriate
1171 supervisor before the voter’s elector’s ballot is received by
1172 the supervisor or, in the case of provisional ballots, before
1173 the voter’s elector’s ballot is cast or, in the case of a
1174 petition, before the petition is submitted for signature
1175 verification.
1176 (b) The signature on file at the time the vote-by-mail
1177 ballot is received, or at the time the provisional ballot is
1178 cast, or at the time a petition is reviewed is the signature
1179 that must shall be used in verifying the signature on the vote
1180 by-mail voter certificates, and provisional ballot voter
1181 certificates, or petitions, respectively. For signatures
1182 requiring secondary or tertiary review, older signatures from
1183 previous registration updates may be used.
1184 Section 11. Section 98.093, Florida Statutes, is amended to
1185 read:
1186 98.093 Duty of officials to furnish information relating to
1187 deceased persons, persons adjudicated mentally incapacitated,
1188 persons convicted of a felony, and persons who are not United
1189 States citizens.—
1190 (1) DUTIES.—In order to identify ineligible registered
1191 voters and maintain accurate and current voter registration
1192 records in the statewide voter registration system pursuant to
1193 procedures in s. 98.065 or s. 98.075, it is necessary for the
1194 department and supervisors of elections to receive or access
1195 certain information from state and federal officials and
1196 entities in the format prescribed.
1197 (2) To the maximum extent feasible, state and local
1198 government agencies shall facilitate provision of information
1199 and access to data to the department, including, but not limited
1200 to, databases that contain reliable criminal records and records
1201 of deceased persons. State and local government agencies that
1202 provide such data must shall do so without charge if the direct
1203 cost incurred by those agencies is not significant.
1204 (2)(a) DEPARTMENT OF HEALTH.—The Department of Health shall
1205 furnish weekly monthly to the department a list containing the
1206 name, address, date of birth, date of death, social security
1207 number, race, and sex of each deceased person 17 years of age or
1208 older whose death was reported during the preceding week.
1209 (3)(b) CLERK OF THE CIRCUIT COURT.—Each clerk of the
1210 circuit court shall furnish on a weekly basis to the supervisors
1211 in their respective jurisdiction the following information
1212 monthly to the department:
1213 (a)1. Information identifying A list of those persons who
1214 have been adjudicated mentally incapacitated with respect to
1215 voting during the preceding week and calendar month, a list of
1216 those persons whose mental capacity with respect to voting has
1217 been restored during the preceding week. The information must
1218 include each person’s name; address; date of birth; race; sex;
1219 and, if available, his or her Florida driver license number or
1220 Florida identification card number or the last four digits of
1221 his or her social security number. The clerk shall provide the
1222 information to the department to assist a supervisor in
1223 identifying registered voters in his or her county who are
1224 adjudicated mentally incapacitated outside of his or her county
1225 pursuant to s. 98.075(4).
1226 (b) Information identifying calendar month, and a list of
1227 those persons who have responded to returned signed jury notices
1228 during the preceding week from months to the clerk of the
1229 circuit court whose response indicated indicating a change of
1230 address. The information must Each list shall include each
1231 person’s the name;, address;, date of birth;, race;, sex;, and,
1232 if whichever is available, the Florida driver license number or,
1233 Florida identification card number, or the last four digits of
1234 his or her social security number of each such person.
1235 (c)2. Information on the terms of sentence for felony
1236 convictions, including any financial obligations for court
1237 costs, fees, and fines, of all persons listed in the clerk’s
1238 records whose last known address in the clerk’s records is
1239 within this state and who have been convicted of a felony during
1240 the preceding week month. The information may be provided to the
1241 supervisor directly by individual clerks of the circuit court or
1242 may be provided on their behalf through the Comprehensive Case
1243 Information System. For each felony conviction reported, the
1244 information must include:
1245 1.a. The full name;, last known address;, date of birth;,
1246 race;, sex;, and, if available, the Florida driver license
1247 number or Florida identification card number, as applicable;,
1248 and the last four digits of the social security number of the
1249 person convicted.
1250 2.b. The amounts of all financial obligations, including
1251 restitution and court costs, fees, and fines, and, if known, the
1252 amount of financial obligations not yet satisfied.
1253 3.c. The county in which the conviction occurred.
1254 4.d. The statute number violated, statute table text, date
1255 of conviction, and case number.
1256 (4)(c) UNITED STATES ATTORNEYS.—Upon receipt of information
1257 from the United States Attorney, listing persons convicted of a
1258 felony in federal court, the department shall use such
1259 information to identify registered voters or applicants for
1260 voter registration who may be potentially ineligible based on
1261 information provided in accordance with s. 98.075.
1262 (5)(d) DEPARTMENT OF LAW ENFORCEMENT.—The Department of Law
1263 Enforcement shall identify and report to the department at least
1264 weekly those persons who have been convicted of a felony during
1265 the preceding week who appear in the voter registration records
1266 supplied by the statewide voter registration system, in a time
1267 and manner that enables the department to meet its obligations
1268 under state and federal law.
1269 (6)(e) FLORIDA COMMISSION ON OFFENDER REVIEW.—The Florida
1270 Commission on Offender Review shall furnish at least weekly
1271 bimonthly to the department data, including the identity of
1272 those persons granted clemency in the preceding month or any
1273 updates to prior records which have occurred in the preceding
1274 month. The data must shall contain the commission’s case number
1275 and the person’s name, address, date of birth, race, gender,
1276 Florida driver license number, Florida identification card
1277 number, or the last four digits of the social security number,
1278 if available, and references to record identifiers assigned by
1279 the Department of Corrections and the Department of Law
1280 Enforcement, a unique identifier of each clemency case, and the
1281 effective date of clemency of each person.
1282 (7)(f) DEPARTMENT OF CORRECTIONS.—The Department of
1283 Corrections shall identify and report to the department at least
1284 weekly those persons who have been convicted of a felony and
1285 committed to its custody or placed on community supervision
1286 during the preceding week. The information must be provided to
1287 the department at a time and in a manner that enables the
1288 department to identify registered voters who are convicted
1289 felons and to meet its obligations under state and federal law.
1290 (8)(g) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—The
1291 Department of Highway Safety and Motor Vehicles shall furnish
1292 weekly monthly to the department:
1293 (a)1. Information identifying A list of those persons whose
1294 names have been removed from the Florida driver license or
1295 Florida identification card database during the preceding week
1296 because they have been licensed or been issued an identification
1297 card in another state. The information list must contain the
1298 person’s name, last known Florida address, out-of-state address,
1299 date of birth, sex, last four digits of his or her social
1300 security number, and Florida driver license number or Florida
1301 identification card number and, if available, the address and
1302 the state in which the person is now licensed of each such
1303 person.
1304 (b)2. Information identifying A list of those persons who
1305 during the preceding week presented evidence of non-United
1306 States citizenship upon being issued a new or renewed Florida
1307 driver license or Florida identification card. The information
1308 list must contain the person’s name; address; date of birth;
1309 last four digits of the; social security number, if applicable;
1310 and Florida driver license number or Florida identification card
1311 number, as available applicable; and alien registration number
1312 or other legal status identifier, of each such person.
1313 (c) Information identifying those persons for which it has
1314 received official information during the preceding week that the
1315 person is deceased. The information must contain the name,
1316 address, date of birth, last four digits of the social security
1317 number, Florida driver license number or Florida identification
1318 card number, source containing information on the deceased, and
1319 date of death of each such person.
1320 (9)(3) CONSTRUCTION.—This section does not limit or
1321 restrict the supervisor in his or her duty to act upon direct
1322 receipt of, access to, or knowledge of credible and reliable
1323 information from these and other official sources that identify
1324 a registered voter as potentially ineligible and to initiate
1325 removal of remove the name of the registered voter who is
1326 determined to be ineligible names of persons from the statewide
1327 voter registration system pursuant to s. 98.075(7) based upon
1328 information received from other sources.
1329 Section 12. Section 98.0981, Florida Statutes, is amended
1330 to read:
1331 98.0981 Reports; voting history; statewide voter
1332 registration system information; precinct-level election
1333 results; book closing statistics; live turnout data.—
1334 (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
1335 INFORMATION.—Each supervisor shall submit the reports required
1336 by this subsection to the department no later than 20 days after
1337 the Elections Canvassing Commission certifies the results of an
1338 election.
1339 (a) Reconciliation.—For each presidential preference
1340 primary election, special primary election, special election,
1341 primary election, and general election, the supervisor shall
1342 reconcile the aggregate total of ballots cast in each precinct
1343 to the aggregate number of voters with voter history pursuant to
1344 paragraph (b) and the precinct-level election results pursuant
1345 to subsection (3) and submit a reconciliation report. The report
1346 must be submitted to the department in an electronic format
1347 pursuant to file format and specifications set forth in rule.
1348 The report must include a written explanation if the
1349 reconciliation results in a discrepancy between the voter
1350 history and the election results.
1351 (b) Voting history.—For each Within 30 days after
1352 certification by the Elections Canvassing Commission of a
1353 presidential preference primary, special election, special
1354 primary election, primary election, or general election, as
1355 applicable, supervisors of elections shall transmit completely
1356 updated voting history information for each qualified voter to
1357 the department. Such information must be provided, in a uniform
1358 electronic format pursuant to file specifications adopted by the
1359 department by rule. The voting history information must include:
1360 specified in paragraph (d), completely updated voting history
1361 information for each qualified voter who voted
1362 1. The unique identifier assigned to each qualified voter
1363 within the statewide voter registration system;
1364 2. Each qualified voter’s unique precinct identifier at the
1365 time of voting. For purposes of this subparagraph, the term
1366 “unique precinct identifier” means an alphanumeric code
1367 containing no more than six characters representing the precinct
1368 name or number; and
1369 3. Specifics as to voting history, including whether the
1370 qualified voter voted a regular ballot at a precinct location,
1371 voted at a precinct location using a provisional ballot that was
1372 subsequently counted, voted by vote-by-mail ballot, attempted to
1373 vote by a timely received vote-by-mail ballot that was not
1374 counted, attempted to vote by a vote-by-mail ballot that was
1375 received untimely, attempted to vote by provisional ballot that
1376 was not counted, or did not vote.
1377 (c) Precinct boundaries.—For each presidential preference
1378 primary election, special primary election, special election,
1379 primary election, and general election, the supervisor shall
1380 submit to the department the geographical information system map
1381 of precinct boundaries created and maintained pursuant to s.
1382 101.001 for the applicable election.
1383 (2)(b) LEGISLATIVE REPORT.—
1384 (a) Specifications.—After receipt of the information in
1385 paragraph (a), The department shall prepare an election summary
1386 compiled for a presidential preference primary election, special
1387 primary election, special election, primary election, or general
1388 election, as applicable, a report in an electronic format which
1389 contains the following information, separately compiled for the
1390 primary and general election for all voters qualified to vote in
1391 either election:
1392 1. The voting history information as transmitted under
1393 paragraph (1)(b) and the precinct boundaries as transmitted
1394 under paragraph (1)(c) unique identifier assigned to each
1395 qualified voter within the statewide voter registration system;
1396 2. All information provided by each qualified voter on his
1397 or her voter registration application pursuant to s. 97.052(2),
1398 except that which is confidential or exempt from public records
1399 requirements;
1400 3. Each qualified voter’s date of registration; and
1401 4. Each qualified voter’s current state representative
1402 district, state senatorial district, and congressional district,
1403 county commission district, and school board district at the
1404 time of voting, assigned by the supervisor of elections;
1405 5. Each qualified voter’s current precinct; and
1406 6. Voting history as transmitted under paragraph (a) to
1407 include whether the qualified voter voted at a precinct
1408 location, voted during the early voting period, voted by vote
1409 by-mail ballot, attempted to vote by vote-by-mail ballot that
1410 was not counted, attempted to vote by provisional ballot that
1411 was not counted, or did not vote.
1412 (b)(c) Submission.—Within 60 business 45 days after
1413 certification by the Elections Canvassing Commission certifies
1414 of a presidential preference primary, special election, primary
1415 election, or general election, the department shall submit send
1416 to the President of the Senate, the Speaker of the House of
1417 Representatives, the Senate Minority Leader, and the House
1418 Minority Leader an election summary a report in electronic
1419 format that includes all information set forth in paragraph (a)
1420 (b).
1421 (d) File specifications are as follows:
1422 1. The file shall contain records designated by the
1423 categories below for all qualified voters who, regardless of the
1424 voter’s county of residence or active or inactive registration
1425 status at the book closing for the corresponding election that
1426 the file is being created for:
1427 a. Voted a regular ballot at a precinct location.
1428 b. Voted at a precinct location using a provisional ballot
1429 that was subsequently counted.
1430 c. Voted a regular ballot during the early voting period.
1431 d. Voted during the early voting period using a provisional
1432 ballot that was subsequently counted.
1433 e. Voted by vote-by-mail ballot.
1434 f. Attempted to vote by vote-by-mail ballot, but the ballot
1435 was not counted.
1436 g. Attempted to vote by provisional ballot, but the ballot
1437 was not counted in that election.
1438 2. Each file shall be created or converted into a tab
1439 delimited format.
1440 3. File names shall adhere to the following convention:
1441 a. Three-character county identifier as established by the
1442 department followed by an underscore.
1443 b. Followed by four-character file type identifier of
1444 “VHO3” followed by an underscore.
1445 c. Followed by FVRS election ID followed by an underscore.
1446 d. Followed by Date Created followed by an underscore.
1447 e. Date format is YYYYMMDD.
1448 f. Followed by Time Created - HHMMSS.
1449 g. Followed by “.txt”.
1450 4. Each record shall contain the following columns: Record
1451 Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
1452 Date, Vote History Code, Precinct, Congressional District, House
1453 District, Senate District, County Commission District, and
1454 School Board District.
1455 (e) Each supervisor of elections shall reconcile, before
1456 submission, the aggregate total of ballots cast in each precinct
1457 as reported in the precinct-level election results to the
1458 aggregate total number of voters with voter history for the
1459 election for each district.
1460 (f) Each supervisor of elections shall submit the results
1461 of the data reconciliation as described in paragraph (e) to the
1462 department in an electronic format and give a written
1463 explanation for any precincts where the reconciliation as
1464 described in paragraph (e) results in a discrepancy between the
1465 voter history and the election results.
1466 (3)(2) PRECINCT-LEVEL ELECTION RESULTS.—
1467 (a)1. Within 10 business 30 days after certification by the
1468 Elections Canvassing Commission certifies of a presidential
1469 preference primary election, special election, special primary
1470 election, primary election, or general election, as applicable,
1471 the supervisors of elections shall collect and submit to the
1472 department precinct-level election results for the election in a
1473 uniform electronic format specified by paragraph (c). The
1474 precinct-level election results shall be compiled separately for
1475 the primary or special primary election that preceded the
1476 general or special general election, respectively. The results
1477 must shall specifically include for each precinct the total of
1478 all ballots cast for each candidate or nominee to fill a
1479 national, state, county, or district office or proposed
1480 constitutional amendment, with subtotals for each candidate and
1481 ballot type. When one or more ballot types, alternatively known
1482 as counting groups, in a race or issue have fewer than 30 voters
1483 voting on the ballot, the ballot type must be reported as zero
1484 except for the “total votes” counting group for that precinct.
1485 Ballot types or counting groups include election day, early
1486 voting, vote-by-mail, provisional voting, and total votes
1487 However, ballot type or precinct subtotals in a race or question
1488 having fewer than 30 voters voting on the ballot type or in the
1489 precinct may not be reported in precinct results. For purposes
1490 of this paragraph, the term “all ballots cast” means ballots
1491 cast by voters who cast a ballot, whether at a precinct
1492 location;, by vote-by-mail ballot, including overseas vote-by
1493 mail ballots;, during the early voting period;, or by
1494 provisional ballot.
1495 2. Upon request from the department, a supervisor must
1496 research and address as appropriate any questions or issues
1497 identified by the department pertaining to the precinct-level
1498 election results. If the information as originally submitted is
1499 changed or corrected, the supervisor must respond and provide an
1500 amended precinct-level election results file no later than 10
1501 business days after the request from the department.
1502 (b) The department shall make such information available
1503 online no later than 60 business days after the Elections
1504 Canvassing Commission certifies the presidential preference
1505 primary election, special primary election, special election,
1506 primary election, or general election, as applicable. The
1507 website containing the information must include on a searchable,
1508 sortable, and downloadable database via its website that also
1509 includes the file layout and codes. The information must
1510 database shall be searchable and sortable by county, precinct,
1511 and candidate;. The must database shall be downloadable in a
1512 tab-delimited format; and must. The database shall be available
1513 for download county-by-county and also as a statewide file. Such
1514 report shall also be made available upon request.
1515 (c) The files containing the precinct-level election
1516 results must shall be created in accordance with the applicable
1517 file specification as set forth in rule. The rule must provide,
1518 at a minimum, that:
1519 1. The precinct-level results file shall be created or
1520 converted into a tab-delimited text file.
1521 2. The row immediately before the first data record shall
1522 contain the column names of the data elements that make up the
1523 data records. There shall be one header record followed by
1524 multiple data records.
1525 3. the data records shall include the following columns:
1526 County Name, Election Number, Election Date, Unique Precinct
1527 Identifier, Precinct Polling Location, Total Registered Voters,
1528 Total Registered Republicans, Total Registered Democrats, Total
1529 Registered All Other Parties, Contest Name,
1530 Candidate/Retention/Issue Name, Candidate Florida Voter
1531 Registration System ID Number, Division of Elections Unique
1532 Candidate Identifying Number, Candidate Party, District,
1533 Undervote Total, Overvote Total, Write-in Total, and Vote Total.
1534 For purposes of this paragraph, the term “unique precinct
1535 identifier” means an alphanumeric code containing no more than
1536 six characters representing the precinct name or number.
1537 (4)(3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.—No later
1538 than 10 days after the date of book closing for but before the
1539 date of an election as defined in s. 97.021 to fill a national,
1540 state, county, or district office, or to vote on a proposed
1541 constitutional amendment, the department shall compile and make
1542 available the following precinct-level statistical data for each
1543 county:
1544 (a) Unique precinct identifier numbers. For purposes of
1545 this subsection, the term “unique precinct identifier” means an
1546 alphanumeric code containing no more than six characters
1547 representing the precinct name or number.
1548 (b) Total number of active registered voters by party for
1549 each precinct.
1550 (5)(4) LIVE TURNOUT DATA.—On election day, each supervisor
1551 of elections shall make live voter turnout data, updated at
1552 least once per hour, available on his or her website. Each
1553 supervisor shall transmit the live voter turnout data to the
1554 division, which must create and maintain a real-time statewide
1555 turnout dashboard that is available for viewing by the public on
1556 the division’s website as the data becomes available.
1557 (6)(5) REPORTS PUBLICLY AVAILABLE.—The department shall
1558 also make publicly available the reports and results required in
1559 subsections (1)-(4) (1)-(3).
1560 (7)(6) RULEMAKING.—The department shall adopt rules and
1561 prescribe forms to carry out the purposes of this section.
1562 Section 13. Present paragraph (d) of subsection (1) of
1563 section 99.021, Florida Statutes, is redesignated as paragraph
1564 (e), and a new paragraph (d) is added to that subsection, to
1565 read:
1566 99.021 Form of candidate oath.—
1567 (1)
1568 (d) In addition, each candidate, whether a party candidate,
1569 a candidate with no party affiliation, or a write-in candidate,
1570 shall, at the time of subscribing to the oath or affirmation,
1571 state in writing whether he or she owes any outstanding fines,
1572 fees, or penalties that cumulatively exceed $250 for any
1573 violations of s. 8, Art. II of the State Constitution, the Code
1574 of Ethics for Public Officers and Employees under part III of
1575 chapter 112, any local ethics ordinance governing standards of
1576 conduct and disclosure requirements, or chapter 106. If the
1577 candidate owes any outstanding fines, fees, or penalties
1578 exceeding the threshold amount specified in this paragraph, he
1579 or she must also specify the amount owed and each entity that
1580 levied such fine, fee, or penalty. For purposes of this
1581 paragraph, any such fines, fees, or penalties that have been
1582 paid in full at the time of subscribing to the oath or
1583 affirmation are not deemed to be outstanding.
1584 Section 14. Section 99.0215, Florida Statutes, is created
1585 to read:
1586 99.0215 Name of candidate.—
1587 (1) Each candidate shall designate in the oath or
1588 affirmation specified in s. 99.021 the name that he or she
1589 wishes to have printed on the ballot, or in the case of a write
1590 in candidate, the name that he or she wishes to have voters
1591 write in on the ballot when voting for him or her. Such
1592 designation must include the candidate’s legal given name or
1593 names, a shortened form of the candidate’s legal given name or
1594 names, an initial or initials of the candidate’s legal given
1595 name or names, or a bona fide nickname customarily related to
1596 the candidate and by which the candidate is commonly known,
1597 immediately followed by the candidate’s legal surname. If
1598 applicable, a candidate may place one of the following
1599 designations after the legal surname: “Sr.,” “Jr.,” or a
1600 numerical designation such as “II.”
1601 (2) If a candidate wishes to designate a nickname, the
1602 candidate must file an affidavit that must be verified under
1603 oath or affirmation pursuant to s. 92.525(1)(a), attesting that
1604 the nickname complies with the requirements of this section. The
1605 affidavit must be filed simultaneously with the oath or
1606 affirmation specified in s. 99.021. Any nickname designated by a
1607 candidate may not be used to mislead voters. A candidate may not
1608 designate a nickname that implies the candidate is some other
1609 person, that constitutes a political slogan or otherwise
1610 associates the candidate with a cause or issue, or that is
1611 obscene or profane. For purposes of this subsection, the term
1612 “political slogan” means any word or words expressing or
1613 connoting a position, opinion, or belief that the candidate may
1614 espouse, including, but not limited to, any word or words
1615 conveying any meaning other than that of the general identity of
1616 the candidate.
1617 (3) Unless a candidate has the same name as, or a name
1618 similar to, one or more candidates for the same office, an
1619 educational or professional title or degree may not be added to
1620 his or her name designation.
1621 Section 15. Subsections (4) and (5) of section 99.097,
1622 Florida Statutes, are amended to read:
1623 99.097 Verification of signatures on petitions.—
1624 (4)(a) The supervisor must shall be paid in advance the sum
1625 of 10 cents for each signature checked or the actual cost of
1626 checking such signature, whichever is less, by the candidate or,
1627 in the case of a petition to have a local an issue placed on the
1628 ballot, by the person or organization submitting the petition,
1629 or the actual cost posted by the respective counties pursuant to
1630 s. 100.371(11) for the actual cost of checking signatures to
1631 place a statewide issue on the ballot.
1632 (b) However, if a candidate, person, or organization
1633 seeking to have an issue placed upon the ballot cannot pay such
1634 charges without imposing an undue burden on personal resources
1635 or upon the resources otherwise available to such candidate,
1636 person, or organization, such candidate, person, or organization
1637 shall, upon written certification of such inability given under
1638 oath to the supervisor, is be entitled to have the signatures
1639 verified at no charge.
1640 (c) In the event a candidate, person, or organization
1641 submitting a petition to have an issue placed upon the ballot is
1642 entitled to have the signatures verified at no charge, the
1643 supervisor of elections of each county in which the signatures
1644 are verified at no charge shall submit the total number of such
1645 signatures checked in the county to the Chief Financial Officer
1646 no later than December 1 of the general election year, and the
1647 Chief Financial Officer shall cause such supervisor of elections
1648 to be reimbursed from the General Revenue Fund in an amount
1649 equal to 10 cents or the actual cost for each name checked or
1650 the actual cost of checking such signatures, whichever is
1651 applicable as set forth in paragraph (a) less. In no event may
1652 shall such reimbursement of costs be deemed or applied as extra
1653 compensation for the supervisor.
1654 (d) Petitions must shall be retained by the supervisors for
1655 a period of 1 year following the election for which the
1656 petitions were circulated.
1657 (5) The results of a verification pursuant to subparagraph
1658 (1)(a)2. may be contested in the circuit court by the candidate;
1659 an announced opponent; a representative of a designated
1660 political committee; or a person, party, or other organization
1661 submitting the petition. The contestant must shall file a
1662 complaint, together with the fees prescribed in chapter 28, with
1663 the clerk of the circuit court in the county in which the
1664 petition is certified or in Leon County if the petition covers
1665 more than one county within 10 days after midnight of the date
1666 the petition is certified; and the complaint must shall set
1667 forth the grounds on which the contestant intends to establish
1668 his or her right to require a complete check of the petition
1669 pursuant to subparagraph (1)(a)1. In the event the court orders
1670 a complete check of the petition and the result is not changed
1671 as to the success or lack of success of the petitioner in
1672 obtaining the requisite number of valid signatures, then such
1673 candidate, unless the candidate has filed the oath stating that
1674 he or she is unable to pay such charges; announced opponent;
1675 representative of a designated political committee; or party,
1676 person, or organization submitting the petition, unless such
1677 person or organization has filed the oath stating inability to
1678 pay such charges, shall pay to the supervisor of elections of
1679 each affected county for the complete check an amount calculated
1680 at the rate of 10 cents for each additional signature checked or
1681 the actual cost of checking such additional signatures, as
1682 applicable whichever is less.
1683 Section 16. Section 100.342, Florida Statutes, is amended
1684 to read:
1685 100.342 Notice of special election or referendum.—In any
1686 special election or referendum not otherwise provided for, there
1687 must shall be at least 30 days’ notice of the election or
1688 referendum by publication in a newspaper of general circulation
1689 in the county, district, or municipality, or published on the
1690 county’s website as authorized by s. 50.0311, the municipality’s
1691 website, or the supervisor’s website, as applicable as the case
1692 may be. The publication must shall be made at least twice, once
1693 in the fifth week and once in the third week before prior to the
1694 week in which the election or referendum is to be held. If the
1695 applicable website becomes unavailable or there is no newspaper
1696 of general circulation in the county, district, or municipality,
1697 the notice must shall be posted in no less than five places
1698 within the territorial limits of the county, district, or
1699 municipality.
1700 Section 17. Subsection (3) and paragraph (a) of subsection
1701 (4) of section 101.001, Florida Statutes, are amended to read:
1702 101.001 Precincts and polling places; boundaries.—
1703 (3)(a) Each supervisor of elections shall maintain a
1704 geographical information system suitable map drawn to a scale no
1705 smaller than 3 miles to the inch and clearly delineating all
1706 major observable features such as roads, streams, and railway
1707 lines and showing the current geographical boundaries of each
1708 precinct, representative district, and senatorial district, and
1709 other type of district in the county subject to the elections
1710 process in this code.
1711 (b) The supervisor shall provide to the department data on
1712 all precincts in the county associated with the most recent
1713 decennial census blocks within each precinct.
1714 (c) The department shall maintain a searchable database
1715 that contains the precincts and the corresponding most recent
1716 decennial census blocks within the precincts for each county,
1717 including a historical file that allows the census blocks to be
1718 traced through the prior decade.
1719 (d) The supervisor of elections shall notify the Secretary
1720 of State in writing within 10 days after any reorganization of
1721 precincts and shall furnish a copy of the geographical
1722 information system map showing the current geographical
1723 boundaries and designation of each new precinct. However, if
1724 precincts are composed of whole census blocks, the supervisor
1725 may furnish, in lieu of a copy of the map, a list, in an
1726 electronic format prescribed by the Department of State,
1727 associating each census block in the county with its precinct.
1728 (c)(e) Any precinct established or altered under the
1729 provisions of this section must shall consist of areas bounded
1730 on all sides only by census block boundaries from the most
1731 recent United States Census. If the census block boundaries
1732 split or conflict with a municipal or other political
1733 subdivision another political boundary listed below, the
1734 boundary listed below may be used as a precinct boundary:
1735 1. Governmental unit boundaries reported in the most recent
1736 Boundary and Annexation Survey published by the United States
1737 Census Bureau; or
1738 2. Visible features that are readily distinguishable upon
1739 the ground, such as streets, railroads, tracks, streams, and
1740 lakes, and that are indicated upon current census maps, official
1741 Department of Transportation maps, official municipal maps,
1742 official county maps, or a combination of such maps;
1743 3. Boundaries of public parks, public school grounds, or
1744 churches; or
1745 4. Boundaries of counties, incorporated municipalities, or
1746 other political subdivisions that meet criteria established by
1747 the United States Census Bureau for block boundaries.
1748 (4)(a) Within 10 days after there is any change in the
1749 division, name, number, or boundaries of the precincts, or the
1750 location of the polling places, the supervisor of elections
1751 shall make in writing an accurate description of any new or
1752 altered precincts, setting forth the boundary lines and shall
1753 identify the location of each new or altered polling place. A
1754 copy of the document describing such changes must shall be
1755 posted at the supervisor’s office.
1756 Section 18. Subsection (1) of section 101.048, Florida
1757 Statutes, is amended to read:
1758 101.048 Provisional ballots.—
1759 (1) At all elections, a voter claiming to be properly
1760 registered in the state and eligible to vote at the precinct in
1761 the election but whose eligibility cannot be determined, a
1762 person whom an election official asserts is not eligible,
1763 including, but not limited to, a person for whom an appeal is
1764 pending pursuant to s. 98.0755, but a final determination of
1765 eligibility has not been made, and other persons specified in
1766 the code shall be entitled to vote a provisional ballot. Once
1767 voted, the provisional ballot must shall be placed in a secrecy
1768 envelope and thereafter sealed in a provisional ballot envelope.
1769 The provisional ballot must shall be deposited in a ballot box.
1770 All provisional ballots must shall remain sealed in their
1771 envelopes for return to the supervisor of elections. The
1772 department shall prescribe the form of the provisional ballot
1773 envelope. A person casting a provisional ballot has shall have
1774 the right to present written evidence supporting his or her
1775 eligibility to vote to the supervisor of elections by not later
1776 than 5 p.m. on the second day following the election.
1777 Section 19. Paragraph (b) of subsection (4) of section
1778 101.151, Florida Statutes, is amended to read:
1779 101.151 Specifications for ballots.—
1780 (4)
1781 (b) When two or more candidates running for the same office
1782 on an a primary election ballot have the same or a similar
1783 surname, the word “incumbent” must shall appear next to the
1784 incumbent’s name.
1785 Section 20. Subsection (1) of section 101.6103, Florida
1786 Statutes, is amended to read:
1787 101.6103 Mail ballot election procedure.—
1788 (1) Except as otherwise provided in subsection (7), the
1789 supervisor of elections shall mail all official ballots with a
1790 secrecy envelope, a return mailing envelope, and instructions
1791 sufficient to describe the voting process to each elector
1792 entitled to vote in the election within the timeframes specified
1793 in s. 101.62(3) s. 101.62(4). All such ballots must shall be
1794 mailed by first-class mail. Ballots must shall be addressed to
1795 each elector at the address appearing in the registration
1796 records and placed in an envelope which is prominently marked
1797 “Do Not Forward.”
1798 Section 21. Section 101.62, Florida Statutes, is amended to
1799 read:
1800 101.62 Request for vote-by-mail ballots.—
1801 (1) REQUEST.—
1802 (a) The supervisor shall accept a request for a vote-by
1803 mail ballot only from a voter or, if directly instructed by the
1804 voter, a member of the voter’s immediate family or the voter’s
1805 legal guardian an elector in person or in writing. A request may
1806 be made in person, in writing, or by telephone. The department
1807 shall prescribe by rule a uniform statewide application to make
1808 a written request for a vote-by-mail ballot which includes
1809 fields for all information required in this subsection. One
1810 request is deemed sufficient to receive a vote-by-mail ballot
1811 for all elections through the end of the calendar year of the
1812 next regularly scheduled general election, unless the voter
1813 elector or the voter’s elector’s designee indicates at the time
1814 the request is made the elections within such period for which
1815 the voter elector desires to receive a vote-by-mail ballot. The
1816 supervisor must cancel a request for a vote-by-mail ballot Such
1817 request may be considered canceled when any first-class mail or
1818 nonforwardable mail sent by the supervisor to the voter elector
1819 is returned as undeliverable. If the voter requests a vote-by
1820 mail ballot thereafter, the voter must provide or confirm his or
1821 her current residential address.
1822 (b) The supervisor may accept a written, an in-person, or a
1823 telephonic request for a vote-by-mail ballot to be mailed to a
1824 voter’s an elector’s address on file in the Florida Voter
1825 Registration System from the voter elector, or, if directly
1826 instructed by the voter elector, a member of the voter’s
1827 elector’s immediate family, or the voter’s elector’s legal
1828 guardian. If an in-person or a telephonic request is made, the
1829 voter elector must provide the voter’s elector’s Florida driver
1830 license number, the voter’s elector’s Florida identification
1831 card number, or the last four digits of the voter’s elector’s
1832 social security number, whichever may be verified in the
1833 supervisor’s records. If the ballot is requested to be mailed to
1834 an address other than the voter’s elector’s address on file in
1835 the Florida Voter Registration System, the request must be made
1836 in writing. A written request must be signed by the voter
1837 elector and include the voter’s elector’s Florida driver license
1838 number, the voter’s elector’s Florida identification card
1839 number, or the last four digits of the voter’s elector’s social
1840 security number. However, an absent uniformed service voter or
1841 an overseas voter seeking a vote-by-mail ballot is not required
1842 to submit a signed, written request for a vote-by-mail ballot
1843 that is being mailed to an address other than the voter’s
1844 elector’s address on file in the Florida Voter Registration
1845 System. For purposes of this section, the term “immediate
1846 family” has the same meaning as specified in paragraph (4)(c).
1847 The person making the request must disclose:
1848 1. The name of the voter elector for whom the ballot is
1849 requested.
1850 2. The voter’s elector’s address.
1851 3. The voter’s elector’s date of birth.
1852 4. The voter’s elector’s Florida driver license number, the
1853 voter’s elector’s Florida identification card number, or the
1854 last four digits of the voter’s elector’s social security
1855 number, whichever may be verified in the supervisor’s records.
1856 If the voter’s registration record does not already include the
1857 voter’s Florida driver license number or Florida identification
1858 card number or the last four digits of the voter’s social
1859 security number, the number provided must be recorded in the
1860 voter’s registration record.
1861 5. The requester’s name.
1862 6. The requester’s address.
1863 7. The requester’s driver license number, the requester’s
1864 identification card number, or the last four digits of the
1865 requester’s social security number, if available.
1866 8. The requester’s relationship to the voter elector.
1867 9. The requester’s signature (written requests only).
1868 (c) Upon receiving a request for a vote-by-mail ballot from
1869 an absent voter, the supervisor of elections shall notify the
1870 voter of the free access system that has been designated by the
1871 department for determining the status of his or her vote-by-mail
1872 ballot.
1873 (d) For purposes of this section, the term “immediate
1874 family” refers to the following, as applicable:
1875 1. The voter’s spouse, parent, child, grandparent,
1876 grandchild, or sibling, or the parent, child, grandparent,
1877 grandchild, or sibling of the voter’s spouse.
1878 2. The designee’s spouse, parent, child, grandparent,
1879 grandchild, or sibling, or the parent, child, grandparent,
1880 grandchild, or sibling of the designee’s spouse.
1881 (2) A request for a vote-by-mail ballot to be mailed to a
1882 voter must be received no later than 5 p.m. on the 10th day
1883 before the election by the supervisor. The supervisor shall mail
1884 vote-by-mail ballots to voters requesting ballots by such
1885 deadline no later than 8 days before the election.
1886 (3) ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION.—For each
1887 request for a vote-by-mail ballot received, the supervisor shall
1888 record the following information: the date the request was made;
1889 the identity of the voter’s designee making the request, if any;
1890 the Florida driver license number, Florida identification card
1891 number, or last four digits of the social security number of the
1892 voter elector provided with a written request; the date the
1893 vote-by-mail ballot was delivered to the voter or the voter’s
1894 designee or the date the vote-by-mail ballot was delivered to
1895 the post office or other carrier; the address to which the
1896 ballot was mailed or the identity of the voter’s designee to
1897 whom the ballot was delivered; the date the ballot was received
1898 by the supervisor; the absence of the voter’s signature on the
1899 voter’s certificate, if applicable; whether the voter’s
1900 certificate contains a signature that does not match the voter’s
1901 elector’s signature in the registration books or precinct
1902 register; and such other information he or she may deem
1903 necessary. This information must shall be provided in electronic
1904 format as provided by division rule. The information must shall
1905 be updated and made available no later than 8 a.m. of each day,
1906 including weekends, beginning 60 days before the primary until
1907 15 days after the general election and shall be
1908 contemporaneously provided to the division. This information is
1909 shall be confidential and exempt from s. 119.07(1) and may shall
1910 be made available to or reproduced only for the voter requesting
1911 the ballot, a canvassing board, an election official, a
1912 political party or official thereof, a candidate who has filed
1913 qualification papers and is opposed in an upcoming election, and
1914 registered political committees for political purposes only.
1915 (3)(4) DELIVERY OF VOTE-BY-MAIL BALLOTS.—
1916 (a) No later than 45 days before each presidential
1917 preference primary election, primary election, and general
1918 election, the supervisor of elections shall send a vote-by-mail
1919 ballot as provided in subparagraph (d)2. (c)2. to each absent
1920 uniformed services voter and to each overseas voter who has
1921 requested a vote-by-mail ballot.
1922 (b) The supervisor shall mail a vote-by-mail ballot to each
1923 absent qualified voter, other than those listed in paragraph
1924 (a), who has requested such a ballot, between the 40th and 33rd
1925 days before the presidential preference primary election,
1926 primary election, and general election.
1927 (c) Except as otherwise provided in paragraph (a) or
1928 paragraph (b) subsection (2) and after the period described in
1929 this paragraph, the supervisor shall mail vote-by-mail ballots
1930 within 2 business days after receiving a request for such a
1931 ballot, but no later than the 9th day before election day. The
1932 deadline to submit a request for a ballot to be mailed is 5 p.m.
1933 local time on the 11th day before an upcoming election.
1934 (d)(c) Upon a request for a vote-by-mail ballot, the
1935 supervisor shall provide a vote-by-mail ballot to each voter
1936 elector by whom a request for that ballot has been made, by one
1937 of the following means:
1938 1. By nonforwardable, return-if-undeliverable mail to the
1939 voter’s elector’s current mailing address on file with the
1940 supervisor or any other address the voter elector specifies in
1941 the request. The envelopes must be prominently marked “Do Not
1942 Forward.”
1943 2. By forwardable mail, e-mail, or facsimile machine
1944 transmission to absent uniformed services voters and overseas
1945 voters. The absent uniformed services voter or overseas voter
1946 may designate in the vote-by-mail ballot request the preferred
1947 method of transmission. If the voter does not designate the
1948 method of transmission, the vote-by-mail ballot must shall be
1949 mailed.
1950 3. By personal delivery before 7 p.m. on election day to
1951 the voter during the mandatory early voting period or on
1952 election day before 7 p.m. and elector, upon presentation of the
1953 identification required in s. 101.043.
1954 4. By delivery to the voter’s a designee only during the
1955 mandatory early voting period or on election day or up to 9 days
1956 before the day of an election. Any voter elector may designate
1957 in writing a person to pick up the ballot for the voter elector;
1958 however, the person designated may not pick up more than two
1959 vote-by-mail ballots per election, other than the designee’s own
1960 ballot, except that additional ballots may be picked up for
1961 members of the designee’s immediate family. For purposes of this
1962 section, “immediate family” means the designee’s spouse or the
1963 parent, child, grandparent, grandchild, or sibling of the
1964 designee or of the designee’s spouse. The designee shall provide
1965 to the supervisor the written authorization by the voter elector
1966 and a picture identification of the designee and must complete
1967 an affidavit. The designee shall state in the affidavit that the
1968 designee is authorized by the voter elector to pick up that
1969 ballot and shall indicate if the voter elector is a member of
1970 the designee’s immediate family and, if so, the relationship.
1971 The department shall prescribe the form of the affidavit. If the
1972 supervisor is satisfied that the designee is authorized to pick
1973 up the ballot and that the signature of the voter elector on the
1974 written authorization matches the signature of the voter elector
1975 on file, the supervisor must shall give the ballot to that
1976 designee for delivery to the voter elector.
1977 5. Except as provided in s. 101.655, the supervisor may not
1978 deliver a vote-by-mail ballot to a voter an elector or a voter’s
1979 designee pursuant to subparagraph 3. or subparagraph 4.,
1980 respectively, an elector’s immediate family member on the day of
1981 the election unless there is an emergency, to the extent that
1982 the voter elector will be unable to go to a designated early
1983 voting site in his or her county or to his or her assigned
1984 polling place on election day. If a vote-by-mail ballot is
1985 delivered, the voter elector or his or her designee must shall
1986 execute an affidavit affirming to the facts which allow for
1987 delivery of the vote-by-mail ballot. The department shall adopt
1988 a rule providing for the form of the affidavit.
1989 (4)(5) SPECIAL CIRCUMSTANCES.—
1990 (a) If the department is unable to certify candidates for
1991 an election in time to comply with paragraph (3)(a) (4)(a), the
1992 Department of State is authorized to prescribe rules for a
1993 ballot to be sent to absent uniformed services voters and
1994 overseas voters.
1995 (b)(6) Only the materials necessary to vote by mail may be
1996 mailed or delivered with any vote-by-mail ballot.
1997 (5)(7) PROHIBITION.—Except as expressly authorized for
1998 voters having a disability under s. 101.662, for overseas voters
1999 under s. 101.697, or for local referenda under ss. 101.6102 and
2000 101.6103, a county, municipality, or state agency may not send a
2001 vote-by-mail ballot to a voter unless the voter has requested a
2002 vote-by-mail ballot in the manner authorized under this section.
2003 Section 22. Paragraph (d) of subsection (1) of section
2004 101.657, Florida Statutes, is amended to read:
2005 101.657 Early voting.—
2006 (1)
2007 (d)1. Early voting shall begin on the 10th day before an
2008 election that contains state or federal races and end on the 3rd
2009 day before the election, and shall be provided for no less than
2010 8 hours and no more than 12 hours per day at each site during
2011 the applicable period.
2012 2. In addition, early voting for an election that contains
2013 state or federal races may be offered at the discretion of the
2014 supervisor of elections on the 15th, 14th, 13th, 12th, or 11th
2015 day before the election. In addition, a supervisor of elections
2016 may offer early voting on either the 16th, or 2nd day before the
2017 an election that contains state or federal races for at least 8
2018 hours per day, but not more than 12 hours per day. Early voting
2019 offered pursuant to this subparagraph must be offered for at
2020 least 8 hours per day, but not more than 12 hours per day, on
2021 each day that early voting is offered.
2022 3. The supervisor of elections may provide early voting for
2023 elections that are not held in conjunction with a state or
2024 federal election. However, the supervisor has the discretion to
2025 determine the hours of operation of early voting sites in those
2026 elections.
2027 Section 23. Subsections (1) and (2) of section 101.68,
2028 Florida Statutes, are amended to read:
2029 101.68 Canvassing of vote-by-mail ballot.—
2030 (1)(a) The supervisor of the county where the voter absent
2031 elector resides shall receive the voted ballot, at which time
2032 the supervisor shall compare the voter’s signature of the
2033 elector on the voter’s certificate with the signature of the
2034 voter elector in the registration books or the precinct register
2035 to determine whether the voter elector is duly registered in the
2036 county and must record on the voter’s elector’s registration
2037 record that the voter elector has voted. During the signature
2038 comparison process, the supervisor may not use any knowledge of
2039 the political affiliation of the voter whose signature is
2040 subject to verification.
2041 (b) A voter An elector who dies after casting a vote-by
2042 mail ballot but on or before election day shall remain listed in
2043 the registration books until the results have been certified for
2044 the election in which the ballot was cast. The supervisor shall
2045 safely keep the ballot unopened in his or her office until the
2046 county canvassing board canvasses the vote pursuant to
2047 subsection (2).
2048 (c) If two or more vote-by-mail ballots for the same
2049 election are returned in one mailing envelope, the ballots may
2050 not be counted.
2051 (d) Except as provided in subsection (4), after a vote-by
2052 mail ballot is received by the supervisor, the ballot is deemed
2053 to have been cast, and changes or additions may not be made to
2054 the voter’s certificate.
2055 (2)(a) The county canvassing board may begin the canvassing
2056 of vote-by-mail ballots upon the completion of the public
2057 testing of automatic tabulating equipment pursuant to s.
2058 101.5612(2), but must begin such canvassing by no later than
2059 noon on the day following the election. However, notwithstanding
2060 any such authorization to begin canvassing or otherwise
2061 processing vote-by-mail ballots early, no result may shall be
2062 released until after the closing of the polls in that county on
2063 election day. Any supervisor, deputy supervisor, canvassing
2064 board member, election board member, or election employee who
2065 releases the results of a canvassing or processing of vote-by
2066 mail ballots before prior to the closing of the polls in that
2067 county on election day commits a felony of the third degree,
2068 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2069 (b) To ensure that all vote-by-mail ballots to be counted
2070 by the canvassing board are accounted for, the canvassing board
2071 shall compare the number of ballots in its possession with the
2072 number of requests for ballots received to be counted according
2073 to the supervisor’s file or list.
2074 (c)1. The canvassing board must, if the supervisor has not
2075 already done so, compare the voter’s signature of the elector on
2076 the voter’s certificate or on the vote-by-mail ballot cure
2077 affidavit as provided in subsection (4) with the voter’s
2078 signature of the elector in the registration books or the
2079 precinct register to see that the voter elector is duly
2080 registered in the county and to determine the legality of that
2081 vote-by-mail ballot. A vote-by-mail ballot may only be counted
2082 if:
2083 a. The signature on the voter’s certificate or the cure
2084 affidavit matches the voter’s elector’s signature in the
2085 registration books or precinct register; however, in the case of
2086 a cure affidavit, the supporting identification listed in
2087 subsection (4) must also confirm the voter’s identity of the
2088 elector; or
2089 b. The cure affidavit contains a signature that does not
2090 match the voter’s elector’s signature in the registration books
2091 or precinct register, but the voter elector has submitted a
2092 current and valid Tier 1 identification pursuant to subsection
2093 (4) which confirms the voter’s identity of the elector.
2094
2095 For purposes of this subparagraph, any canvassing board finding
2096 that a voter’s an elector’s signatures do not match must be by
2097 majority vote and beyond a reasonable doubt.
2098 2. The ballot of a voter an elector who casts a vote-by
2099 mail ballot must shall be counted even if the voter elector dies
2100 on or before election day, as long as, before the death of the
2101 voter, the ballot was postmarked by the United States Postal
2102 Service, date-stamped with a verifiable tracking number by a
2103 common carrier, or already in the possession of the supervisor.
2104 3. A vote-by-mail ballot is not considered illegal if the
2105 voter’s signature of the elector does not cross the seal of the
2106 mailing envelope.
2107 4. If any voter elector or candidate present believes that
2108 a vote-by-mail ballot is illegal due to a defect apparent on the
2109 voter’s certificate or the cure affidavit, he or she may, at any
2110 time before the ballot is removed from the envelope, file with
2111 the canvassing board a protest against the canvass of that
2112 ballot, specifying the precinct, the voter’s certificate or the
2113 cure affidavit, and the reason he or she believes the ballot to
2114 be illegal. A challenge based upon a defect in the voter’s
2115 certificate or cure affidavit may not be accepted after the
2116 ballot has been removed from the mailing envelope.
2117 5. If the canvassing board determines that a ballot is
2118 illegal, a member of the board must, without opening the
2119 envelope, mark across the face of the envelope: “rejected as
2120 illegal.” The cure affidavit, if applicable, the envelope, and
2121 the ballot therein must shall be preserved in the manner that
2122 official ballots are preserved.
2123 (d) The canvassing board shall record the ballot upon the
2124 proper record, unless the ballot has been previously recorded by
2125 the supervisor. The mailing envelopes must shall be opened and
2126 the secrecy envelopes must shall be mixed so as to make it
2127 impossible to determine which secrecy envelope came out of which
2128 signed mailing envelope; however, in any county in which an
2129 electronic or electromechanical voting system is used, the
2130 ballots may be sorted by ballot styles and the mailing envelopes
2131 may be opened and the secrecy envelopes mixed separately for
2132 each ballot style. The votes on vote-by-mail ballots must shall
2133 be included in the total vote of the county.
2134 Section 24. Subsections (1), (2), and (4) of section
2135 101.6921, Florida Statutes, are amended to read:
2136 101.6921 Delivery of special vote-by-mail ballot to certain
2137 first-time voters.—
2138 (1) This section applies The provisions of this section
2139 apply to voters who are subject to the provisions of s. 97.0535
2140 and are authorized to use a vote-by-mail ballot but and who have
2141 not provided the identification or information certification
2142 required by s. 97.0535 by the time the vote-by-mail ballot is
2143 mailed.
2144 (2) The supervisor shall enclose with each vote-by-mail
2145 ballot three envelopes: a secrecy envelope, into which the voter
2146 absent elector will enclose his or her marked ballot; an
2147 envelope containing the Voter’s Certificate, into which the
2148 voter absent elector shall place the secrecy envelope; and a
2149 mailing envelope, which must shall be addressed to the
2150 supervisor and into which the voter absent elector will place
2151 the envelope containing the Voter’s Certificate and a copy of
2152 the required identification.
2153 (4) The certificate must shall be arranged on the back of
2154 the envelope so that the line for the voter’s signature of the
2155 absent elector is across the seal of the envelope.
2156 Section 25. Section 101.6923, Florida Statutes, is amended
2157 to read:
2158 101.6923 Special vote-by-mail ballot instructions for
2159 certain first-time voters.—
2160 (1) This section applies The provisions of this section
2161 apply to voters who are subject to the provisions of s. 97.0535
2162 and are authorized to use a vote-by-mail ballot but and who have
2163 not provided the identification or information required by s.
2164 97.0535 by the time the vote-by-mail ballot is mailed.
2165 (2) A voter covered by this section must shall be provided
2166 with printed instructions with his or her vote-by-mail ballot in
2167 substantially the following form:
2168
2169 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
2170 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
2171 YOUR BALLOT NOT TO COUNT.
2172
2173 1. In order to ensure that your vote-by-mail ballot will be
2174 counted, it should be completed and returned as soon as possible
2175 so that it can reach the supervisor of elections of the county
2176 in which your precinct is located no later than 7 p.m. on the
2177 date of the election. However, if you are an overseas voter
2178 casting a ballot in a presidential preference primary or general
2179 election, your vote-by-mail ballot must be postmarked or dated
2180 no later than the date of the election and received by the
2181 supervisor of elections of the county in which you are
2182 registered to vote no later than 10 days after the date of the
2183 election. Note that the later you return your ballot, the less
2184 time you will have to cure signature deficiencies, which is
2185 authorized until 5 p.m. local time on the 2nd day after the
2186 election.
2187 2. Mark your ballot in secret as instructed on the ballot.
2188 You must mark your own ballot unless you are unable to do so
2189 because of blindness, disability, or inability to read or write.
2190 3. Mark only the number of candidates or issue choices for
2191 a race as indicated on the ballot. If you are allowed to “Vote
2192 for One” candidate and you vote for more than one, your vote in
2193 that race will not be counted.
2194 4. Place your marked ballot in the enclosed secrecy
2195 envelope and seal the envelope.
2196 5. Insert the secrecy envelope into the enclosed envelope
2197 bearing the Voter’s Certificate. Seal the envelope and
2198 completely fill out the Voter’s Certificate on the back of the
2199 envelope.
2200 a. You must sign your name on the line above (Voter’s
2201 Signature).
2202 b. If you are an overseas voter, you must include the date
2203 you signed the Voter’s Certificate on the line above (Date) or
2204 your ballot may not be counted.
2205 c. A vote-by-mail ballot will be considered illegal and
2206 will not be counted if the signature on the Voter’s Certificate
2207 does not match the signature on record. The signature on file at
2208 the start of the canvass of the vote-by-mail ballots is the
2209 signature that will be used to verify your signature on the
2210 Voter’s Certificate. If you need to update your signature for
2211 this election, send your signature update on a voter
2212 registration application to your supervisor of elections so that
2213 it is received before your vote-by-mail ballot is received.
2214 6. Unless you meet one of the exemptions in Item 7., you
2215 must make a copy of one of the following forms of
2216 identification:
2217 a. Identification which must include your name and
2218 photograph: United States passport; debit or credit card;
2219 military identification; student identification; retirement
2220 center identification; neighborhood association identification;
2221 public assistance identification; veteran health identification
2222 card issued by the United States Department of Veterans Affairs;
2223 a Florida license to carry a concealed weapon or firearm; or an
2224 employee identification card issued by any branch, department,
2225 agency, or entity of the Federal Government, the state, a
2226 county, or a municipality; or
2227 b. Identification which shows your name and current
2228 residence address: current utility bill, bank statement,
2229 government check, paycheck, or government document (excluding
2230 voter information card).
2231 7. The identification requirements of Item 6. do not apply
2232 if you meet one of the following requirements:
2233 a. You are 65 years of age or older.
2234 b. You have a temporary or permanent physical disability.
2235 c. You are a member of a uniformed service on active duty
2236 who, by reason of such active duty, will be absent from the
2237 county on election day.
2238 d. You are a member of the Merchant Marine who, by reason
2239 of service in the Merchant Marine, will be absent from the
2240 county on election day.
2241 e. You are the spouse or dependent of a member referred to
2242 in paragraph c. or paragraph d. who, by reason of the active
2243 duty or service of the member, will be absent from the county on
2244 election day.
2245 f. You are currently residing outside the United States.
2246 8. Place the envelope bearing the Voter’s Certificate into
2247 the mailing envelope addressed to the supervisor. Insert a copy
2248 of your identification in the mailing envelope. DO NOT PUT YOUR
2249 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2250 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
2251 BALLOT WILL NOT COUNT.
2252 9. Mail, deliver, or have delivered the completed mailing
2253 envelope. Be sure there is sufficient postage if mailed.
2254 10. FELONY NOTICE. It is a felony under Florida law to
2255 accept any gift, payment, or gratuity in exchange for your vote
2256 for a candidate. It is also a felony under Florida law to vote
2257 in an election using a false identity or false address, or under
2258 any other circumstances making your ballot false or fraudulent.
2259 Section 26. Subsections (1) and (3) of section 101.6925,
2260 Florida Statutes, are amended to read:
2261 101.6925 Canvassing special vote-by-mail ballots.—
2262 (1) The supervisor of the county where the voter absent
2263 elector resides shall receive the voted special vote-by-mail
2264 ballot, at which time the mailing envelope must shall be opened
2265 to determine if the voter has enclosed the identification
2266 required or has indicated on the Voter’s Certificate that he or
2267 she is exempt from the identification requirements.
2268 (3) If the identification is not enclosed in the mailing
2269 envelope and the voter has not indicated that he or she is
2270 exempt from the identification requirements, the supervisor must
2271 shall check the voter registration records to determine if the
2272 voter’s identification was previously received or the voter had
2273 previously notified the supervisor that he or she was exempt.
2274 The envelope with the Voter’s Certificate may shall not be
2275 opened unless the identification has been received or the voter
2276 has indicated that he or she is exempt. The ballot must shall be
2277 treated as a provisional ballot and may until 7 p.m. on election
2278 day and shall not be canvassed unless the supervisor has
2279 received the required identification or written indication of
2280 exemption by 5 7 p.m. local time on the 2nd day following the on
2281 election day.
2282 Section 27. Subsection (1) of section 101.694, Florida
2283 Statutes, is amended to read:
2284 101.694 Mailing of ballots upon receipt of federal postcard
2285 application.—
2286 (1) Upon receipt of a federal postcard application for a
2287 vote-by-mail ballot executed by a person whose registration is
2288 in order or whose application is sufficient to register or
2289 update the registration of that person, the supervisor shall
2290 send the ballot in accordance with s. 101.62(3) s. 101.62(4).
2291 Section 28. Subsection (2) of section 102.111, Florida
2292 Statutes, is amended to read:
2293 102.111 Elections Canvassing Commission.—
2294 (2) The Elections Canvassing Commission shall meet at 8 9
2295 a.m. on the 9th day after a primary election and at 8 9 a.m. on
2296 the 14th day after a general election to certify the returns of
2297 the election for each federal, state, and multicounty office. If
2298 a member of a county canvassing board that was constituted
2299 pursuant to s. 102.141 determines, within 5 days after the
2300 certification by the Elections Canvassing Commission, that a
2301 typographical error occurred in the official returns of the
2302 county, the correction of which could result in a change in the
2303 outcome of an election, the county canvassing board must certify
2304 corrected returns to the Department of State within 24 hours,
2305 and the Elections Canvassing Commission must correct and
2306 recertify the election returns as soon as practicable.
2307 Section 29. Subsection (2) of section 102.112, Florida
2308 Statutes, is amended to read:
2309 102.112 Deadline for submission of county returns to the
2310 Department of State.—
2311 (2) Returns must be filed no later than noon by 5 p.m. on
2312 the 8th 7th day following a primary election and no later than
2313 by noon on the 13th 12th day following the general election.
2314 However, the Department of State may correct typographical
2315 errors, including the transposition of numbers, in any returns
2316 submitted to the Department of State pursuant to s. 102.111(2).
2317 Section 30. Subsections (1) and (10) of section 102.141,
2318 Florida Statutes, are amended to read:
2319 102.141 County canvassing board; duties.—
2320 (1) The county canvassing board shall be composed of the
2321 supervisor of elections; a county court judge, who shall act as
2322 chair; and the chair of the board of county commissioners. The
2323 names of the canvassing board members must be published on the
2324 supervisor’s website upon completion of the logic and accuracy
2325 test. Two alternate canvassing board members must be appointed
2326 pursuant to paragraph (e). In the event any member of the county
2327 canvassing board is unable to serve, is a candidate who has
2328 opposition in the election being canvassed, or is an active
2329 participant in the campaign or candidacy of any candidate who
2330 has opposition in the election being canvassed, such member
2331 shall be replaced as follows:
2332 (a) If a no county court judge is unable able to serve or
2333 if all are disqualified, the chief judge of the judicial circuit
2334 in which the county is located must shall appoint as a
2335 substitute member a qualified elector of the county who is not a
2336 candidate with opposition in the election being canvassed and
2337 who is not an active participant in the campaign or candidacy of
2338 any candidate with opposition in the election being canvassed.
2339 In such event, the members of the county canvassing board shall
2340 meet and elect a chair.
2341 (b) If the supervisor of elections is unable to serve or is
2342 disqualified, the chair of the board of county commissioners
2343 must shall appoint as a substitute member a member of the board
2344 of county commissioners who is not a candidate with opposition
2345 in the election being canvassed and who is not an active
2346 participant in the campaign or candidacy of any candidate with
2347 opposition in the election being canvassed. The supervisor,
2348 however, shall act in an advisory capacity to the canvassing
2349 board.
2350 (c) If the chair of the board of county commissioners is
2351 unable to serve or is disqualified, the board of county
2352 commissioners must shall appoint as a substitute member one of
2353 its members who is not a candidate with opposition in the
2354 election being canvassed and who is not an active participant in
2355 the campaign or candidacy of any candidate with opposition in
2356 the election being canvassed.
2357 (d) If a substitute member or alternate member cannot be
2358 appointed as provided elsewhere in this subsection, or in the
2359 event of a vacancy in such office, the chief judge of the
2360 judicial circuit in which the county is located must shall
2361 appoint as a substitute member or alternate member a qualified
2362 elector of the county who is not a candidate with opposition in
2363 the election being canvassed and who is not an active
2364 participant in the campaign or candidacy of any candidate with
2365 opposition in the election being canvassed.
2366 (e)1. The chief judge of the judicial circuit in which the
2367 county is located shall appoint a county court judge as an
2368 alternate member of the county canvassing board or, if each
2369 county court judge is unable to serve or is disqualified, shall
2370 appoint an alternate member who is qualified to serve as a
2371 substitute member under paragraph (a). Either alternate may
2372 serve in any seat.
2373 2. The chair of the board of county commissioners shall
2374 appoint a member of the board of county commissioners as an
2375 alternate member of the county canvassing board or, if each
2376 member of the board of county commissioners is unable to serve
2377 or is disqualified, shall appoint an alternate member who is
2378 qualified to serve as a substitute member under paragraph (d).
2379 3. If a member of the county canvassing board is unable to
2380 participate in a meeting of the board, the chair of the county
2381 canvassing board or his or her designee must shall designate
2382 which alternate member will serve as a member of the board in
2383 the place of the member who is unable to participate at that
2384 meeting.
2385 4. If not serving as one of the three members of the county
2386 canvassing board, an alternate member may be present, observe,
2387 and communicate with the three members constituting the county
2388 canvassing board, but may not vote in the board’s decisions or
2389 determinations.
2390 (10)(a) The supervisor At the same time that the official
2391 results of an election are certified to the Department of State,
2392 the county canvassing board shall file a report with the
2393 Division of Elections on the conduct of the election no later
2394 than 20 business days after the Elections Canvassing Commission
2395 certifies the election. The report must describe, at a minimum,
2396 all of the following:
2397 1. All equipment or software malfunctions at the precinct
2398 level, at a counting location, or within computer and
2399 telecommunications networks supporting a county location, and
2400 the steps that were taken to address the malfunctions.;
2401 2. All election definition errors that were discovered
2402 after the logic and accuracy test, and the steps that were taken
2403 to address the errors.;
2404 3. All ballot printing, including vote-by-mail ballot
2405 mailing errors or ballot supply problems, and the steps that
2406 were taken to address the errors or problems.;
2407 4. All staffing shortages or procedural violations by
2408 employees or precinct workers which were addressed by the
2409 supervisor of elections or the county canvassing board during
2410 the conduct of the election, and the steps that were taken to
2411 correct such issues.;
2412 5. All instances where needs for staffing or equipment were
2413 insufficient to meet the needs of the voters.; and
2414 6. Any additional information regarding material issues or
2415 problems associated with the conduct of the election.
2416 (b) If a supervisor discovers new or additional information
2417 on any of the items required to be included in the report
2418 pursuant to paragraph (a) after the report is filed, the
2419 supervisor must shall notify the division that new information
2420 has been discovered no later than the next business day after
2421 the discovery, and the supervisor must shall file an amended
2422 report signed by the supervisor of elections on the conduct of
2423 the election within 10 days after the discovery.
2424 (c) Such reports must shall be maintained on file in the
2425 Division of Elections and must shall be available for public
2426 inspection.
2427 (d) The division shall review the conduct of election
2428 reports utilize the reports submitted by the canvassing boards
2429 to determine what problems may be likely to occur in other
2430 elections and disseminate such information, along with possible
2431 solutions and training, to the supervisors of elections.
2432 (e) The department shall submit the analysis of these
2433 reports for the general election as part of the consolidated
2434 reports required under ss. 101.591 and 101.595 to the Governor,
2435 the President of the Senate, and the Speaker of the House of
2436 Representatives by February 15 of each year following a general
2437 election.
2438 Section 31. Section 103.021, Florida Statutes, is amended
2439 to read:
2440 103.021 Nomination for presidential electors.—Candidates
2441 for presidential electors shall be nominated in the following
2442 manner:
2443 (1)(a) The Governor shall nominate the presidential
2444 electors of each political party. The state executive committee
2445 of each political party shall by resolution recommend candidates
2446 for presidential electors and deliver a certified copy thereof
2447 to the Governor no later than noon on August 31 before September
2448 1 of each presidential election year. The Governor shall
2449 nominate only the electors recommended by the state executive
2450 committee of the respective political party.
2451 (b) The state executive committee of each political party
2452 shall include the Florida voter registration number of each
2453 presidential elector and contact information. Each such
2454 presidential elector must shall be a qualified registered voter
2455 of this state and member elector of the party he or she
2456 represents who has taken a written an oath that he or she will
2457 vote for the candidates of the party that he or she is nominated
2458 to represent.
2459 (c) The Governor shall certify to the Department of State
2460 no later than 5 p.m. on August 31 or before September 1, in each
2461 presidential election year, the names of a number of electors
2462 for each political party equal to the number of senators and
2463 representatives which this state has in Congress.
2464 (2) The names of the presidential electors may shall not be
2465 printed on the general election ballot, but the names of the
2466 actual candidates for President and Vice President for whom the
2467 presidential electors will vote if elected must shall be printed
2468 on the ballot in the order in which the party of which the
2469 candidate is a nominee polled the highest number of votes for
2470 Governor in the last general election.
2471 (3) Candidates for President and Vice President with no
2472 party affiliation may have their names printed on the general
2473 election ballots if a petition is signed by 1 percent of the
2474 registered voters electors of this state, as shown by the
2475 compilation by the Department of State for the last preceding
2476 general election. A separate petition from each county for which
2477 signatures are solicited shall be submitted to the supervisor of
2478 elections of the respective county no later than noon on July 15
2479 of each presidential election year. The supervisor shall check
2480 the names and, on or before the date of the primary election,
2481 shall certify the number shown as registered voters electors of
2482 the county. The supervisor shall be paid by the person
2483 requesting the certification the cost of checking the petitions
2484 as prescribed in s. 99.097. The supervisor shall then forward
2485 the certificate to the Department of State which shall determine
2486 whether or not the percentage factor required in this section
2487 has been met. When the percentage factor required in this
2488 section has been met, the Department of State shall order the
2489 names of the candidates for whom the petition was circulated to
2490 be included on the ballot and shall allow permit the required
2491 number of persons to be certified as presidential electors in
2492 the same manner as party candidates.
2493 (4)(a) A minor political party that is affiliated with a
2494 national party holding a national convention to nominate
2495 candidates for President and Vice President of the United States
2496 may have the names of its candidates for President and Vice
2497 President of the United States printed on the general election
2498 ballot by filing with the Department of State a certificate
2499 naming the candidates for President and Vice President and
2500 listing the required number of persons to serve as presidential
2501 electors. Notification to the Department of State under this
2502 subsection must shall be made no later than 5 p.m. on August 31
2503 by September 1 of the year in which the general election is
2504 held. When the Department of State has been so notified, it
2505 shall order the names of the candidates nominated by the minor
2506 political party to be included on the ballot and shall allow
2507 permit the required number of persons to be certified as
2508 presidential electors in the same manner as other party
2509 candidates. As used in this section, the term “national party”
2510 means a political party that is registered with and recognized
2511 as a qualified national committee of a political party by the
2512 Federal Election Commission.
2513 (b) A minor political party that is not affiliated with a
2514 national party holding a national convention to nominate
2515 candidates for President and Vice President of the United States
2516 may have the names of its candidates for President and Vice
2517 President printed on the general election ballot if a petition
2518 is signed by 1 percent of the registered voters electors of this
2519 state, as shown by the compilation by the Department of State
2520 for the preceding general election. A separate petition from
2521 each county for which signatures are solicited must shall be
2522 submitted to the supervisors of elections of the respective
2523 county no later than noon on July 15 of each presidential
2524 election year. The supervisor shall check the names and, on or
2525 before the date of the primary election, shall certify the
2526 number shown as registered voters electors of the county. The
2527 supervisor shall be paid by the person requesting the
2528 certification the cost of checking the petitions as prescribed
2529 in s. 99.097. The supervisor shall then forward the certificate
2530 to the Department of State, which shall determine whether or not
2531 the percentage factor required in this section has been met.
2532 When the percentage factor required in this section has been
2533 met, the Department of State shall order the names of the
2534 candidates for whom the petition was circulated to be included
2535 on the ballot and shall allow permit the required number of
2536 persons to be certified as presidential electors in the same
2537 manner as other party candidates.
2538 (5) When for any reason a person nominated or elected as a
2539 presidential elector is unable to serve because of death,
2540 incapacity, or otherwise, the Governor may appoint a person to
2541 fill such vacancy who possesses the qualifications required for
2542 the elector to have been nominated in the first instance. Such
2543 person shall file with the Governor an oath that he or she will
2544 support the same candidates for President and Vice President
2545 that the person who is unable to serve was committed to support.
2546 Section 32. Section 103.022, Florida Statutes, is amended
2547 to read:
2548 103.022 Write-in candidates for President and Vice
2549 President.—
2550 (1) Persons seeking to qualify for election as write-in
2551 candidates for President and Vice President of the United States
2552 may have a blank space provided on the general election ballot
2553 for their names to be written in by filing an oath with the
2554 Department of State at any time after the 57th day, but before
2555 noon of the 49th day, prior to the date of the primary election
2556 in the year in which a presidential election is held.
2557 (2) The Department of State shall prescribe the form to be
2558 used in administering the oath.
2559 (3) The write-in candidates shall file with the department
2560 a certificate naming the required number of persons to serve as
2561 electors. The write-in candidates must provide the Florida voter
2562 registration number and contact information for each
2563 presidential elector. Each presidential elector must be a
2564 qualified registered voter of this state. Such write-in
2565 candidates are shall not be entitled to have their names on the
2566 ballot.
2567 Section 33. Subsection (4) of section 103.091, Florida
2568 Statutes, is amended to read:
2569 103.091 Political parties.—
2570 (4) Any political party other than a minor political party
2571 may by rule provide for the membership of its state or county
2572 executive committee to be elected for 4-year terms at the
2573 primary election in each year a presidential election is held.
2574 The terms shall commence on the first day of the month following
2575 each presidential general election; but the names of candidates
2576 for political party offices may shall not be placed on the
2577 ballot at any other election. The results of such election is
2578 shall be determined by a plurality of the votes cast. In such
2579 event, electors seeking to qualify for such office shall do so
2580 with the Department of State or supervisor of elections not
2581 earlier than noon of the 71st day, or later than noon of the
2582 67th day, preceding the primary election. A qualifying office
2583 may accept and hold qualifying papers submitted not earlier than
2584 14 days before the beginning of the qualifying period, to be
2585 processed and filed during the qualifying period. The outgoing
2586 chair of each county executive committee shall, within 30 days
2587 after the committee members take office, hold an organizational
2588 meeting of all newly elected members for the purpose of electing
2589 officers. The chair of each state executive committee shall,
2590 within 60 days after the committee members take office, hold an
2591 organizational meeting of all newly elected members for the
2592 purpose of electing officers.
2593 Section 34. Section 104.18, Florida Statutes, is amended to
2594 read:
2595 104.18 Casting more than one ballot at any election.—
2596 (1) Except as provided in s. 101.6952, whoever willfully
2597 votes more than one ballot at any election commits a felony of
2598 the third degree, punishable as provided in s. 775.082, s.
2599 775.083, or s. 775.084. In any prosecution under this section,
2600 the prosecution may proceed in any jurisdiction in which one of
2601 the ballots was willfully cast, and it is not necessary to prove
2602 which of the ballots was cast first.
2603 (2) For purposes of this section, the term “willfully votes
2604 more than one ballot at any election” means an occurrence of any
2605 of the following:
2606 (a) Voting more than once in the same election within a
2607 county located within this state.
2608 (b) Voting more than once in the same election by voting in
2609 two or more counties located in this state.
2610 (c) Voting more than once in the same election by voting in
2611 this state and in one or more other states or territories of the
2612 United States.
2613 Section 35. Subsection (1) of section 104.42, Florida
2614 Statutes, is amended to read:
2615 104.42 Fraudulent registration and illegal voting;
2616 investigation.—
2617 (1) The supervisor of elections is authorized to
2618 investigate fraudulent registrations and illegal voting and to
2619 report his or her findings to the local state attorney and the
2620 Office of Election Crimes and Security Florida Elections
2621 Commission.
2622 Section 36. Section 104.47, Florida Statutes, is created to
2623 read:
2624 104.47 Harassment of election workers.—
2625 (1) For purposes of this section, the term “election
2626 worker” means a member of a county canvassing board or an
2627 individual who is an election official, poll worker, or election
2628 volunteer in connection with an election conducted in this
2629 state.
2630 (2) It is unlawful for any person to intimidate, threaten,
2631 coerce, harass, or attempt to intimidate, threaten, coerce, or
2632 harass an election worker with the intent to impede or interfere
2633 with the performance of the election worker’s official duties,
2634 or with the intent to retaliate against such election worker for
2635 the performance of official duties.
2636 (3) A person who violates this section commits a felony of
2637 the third degree, punishable as provided in s. 775.082 or s.
2638 775.083.
2639 Section 37. Subsection (1) and paragraph (c) of subsection
2640 (8) of section 106.07, Florida Statutes, are amended to read:
2641 106.07 Reports; certification and filing.—
2642 (1) Each campaign treasurer designated by a candidate or
2643 political committee pursuant to s. 106.021 shall file regular
2644 reports of all contributions received, and all expenditures
2645 made, by or on behalf of such candidate or political committee.
2646 Except for the third calendar quarter immediately preceding a
2647 general election as provided in paragraphs (a) and (b), reports
2648 must shall be filed on the 10th day following the end of each
2649 calendar quarter month from the time the campaign treasurer is
2650 appointed, except that, if the 10th day following the end of a
2651 calendar quarter month occurs on a Saturday, Sunday, or legal
2652 holiday, the report must shall be filed on the next following
2653 day that is not a Saturday, Sunday, or legal holiday. Quarterly
2654 Monthly reports must shall include all contributions received
2655 and expenditures made during the calendar quarter month which
2656 have not otherwise been reported pursuant to this section.
2657 (a) A statewide candidate or a political committee required
2658 to file reports with the division must file reports:
2659 1. On the 60th day immediately preceding the primary
2660 election, and each week thereafter, with the last weekly report
2661 being filed on the 4th day immediately preceding the general
2662 election.
2663 2. On the 10th day immediately preceding the general
2664 election, and each day thereafter, with the last daily report
2665 being filed the 5th day immediately preceding the general
2666 election.
2667 (b) Any other candidate or a political committee required
2668 to file reports with a filing officer other than the division
2669 must file reports on the 60th day immediately preceding the
2670 primary election, and biweekly on each Friday thereafter through
2671 and including the 4th day immediately preceding the general
2672 election, with additional reports due on the 25th and 11th days
2673 before the primary election and the general election.
2674 (c) Following the last day of qualifying for office, any
2675 unopposed candidate need only file a report within 90 days after
2676 the date such candidate became unopposed. Such report shall
2677 contain all previously unreported contributions and expenditures
2678 as required by this section and shall reflect disposition of
2679 funds as required by s. 106.141.
2680 (d)1. When a special election is called to fill a vacancy
2681 in office, all political committees making contributions or
2682 expenditures to influence the results of such special election
2683 or the preceding special primary election shall file campaign
2684 treasurers’ reports with the filing officer on the dates set by
2685 the Department of State pursuant to s. 100.111.
2686 2. When an election is called for an issue to appear on the
2687 ballot at a time when no candidates are scheduled to appear on
2688 the ballot, all political committees making contributions or
2689 expenditures in support of or in opposition to such issue shall
2690 file reports on the 18th and 4th days before such election.
2691 (e) The filing officer shall provide each candidate with a
2692 schedule designating the beginning and end of reporting periods
2693 as well as the corresponding designated due dates.
2694 (f) A county, a municipality, or any other local
2695 governmental entity is expressly preempted from enacting or
2696 adopting a reporting schedule that differs from the requirements
2697 established in this subsection.
2698 (8)
2699 (c) Any candidate or chair of a political committee may
2700 appeal or dispute the fine, based upon, but not limited to,
2701 unusual circumstances surrounding the failure to file on the
2702 designated due date, and may request and shall be entitled to a
2703 hearing before the Florida Elections Commission, which shall
2704 have the authority to waive the fine in whole or in part. The
2705 Florida Elections Commission must consider the mitigating and
2706 aggravating circumstances contained in s. 106.265(3) s.
2707 106.265(2) when determining the amount of a fine, if any, to be
2708 waived. Any such request shall be made within 20 days after
2709 receipt of the notice of payment due. In such case, the
2710 candidate or chair of the political committee shall, within the
2711 20-day period, notify the filing officer in writing of his or
2712 her intention to bring the matter before the commission.
2713 Section 38. Paragraph (c) of subsection (7) of section
2714 106.0702, Florida Statutes, is amended to read:
2715 106.0702 Reporting; political party executive committee
2716 candidates.—
2717 (7)
2718 (c) A reporting individual may appeal or dispute the fine,
2719 based upon, but not limited to, unusual circumstances
2720 surrounding the failure to file on the designated due date, and
2721 may request and is entitled to a hearing before the Florida
2722 Elections Commission, which has the authority to waive the fine
2723 in whole or in part. The Florida Elections Commission must
2724 consider the mitigating and aggravating circumstances contained
2725 in s. 106.265(3) s. 106.265(2) when determining the amount of a
2726 fine, if any, to be waived. Any such request shall be made
2727 within 20 days after receipt of the notice of payment due. In
2728 such case, the reporting individual must, within 20 days after
2729 receipt of the notice, notify the supervisor in writing of his
2730 or her intention to bring the matter before the commission.
2731 Section 39. Paragraph (a) of subsection (1) and paragraph
2732 (c) of subsection (7) of section 106.0703, Florida Statutes, are
2733 amended to read:
2734 106.0703 Electioneering communications organizations;
2735 reporting requirements; certification and filing; penalties.—
2736 (1)(a) Each electioneering communications organization
2737 shall file regular reports of all contributions received and all
2738 expenditures made by or on behalf of the organization. Except
2739 for the third calendar quarter immediately preceding a general
2740 election as provided in paragraphs (b) and (c), reports must be
2741 filed on the 10th day following the end of each calendar quarter
2742 month from the time the organization is registered. However, if
2743 the 10th day following the end of a calendar quarter month
2744 occurs on a Saturday, Sunday, or legal holiday, the report must
2745 be filed on the next following day that is not a Saturday,
2746 Sunday, or legal holiday. Quarterly Monthly reports must include
2747 all contributions received and expenditures made during the
2748 calendar quarter month that have not otherwise been reported
2749 pursuant to this section.
2750 (7)
2751 (c) The treasurer of an electioneering communications
2752 organization may appeal or dispute the fine, based upon, but not
2753 limited to, unusual circumstances surrounding the failure to
2754 file on the designated due date, and may request and shall be
2755 entitled to a hearing before the Florida Elections Commission,
2756 which shall have the authority to waive the fine in whole or in
2757 part. The Florida Elections Commission must consider the
2758 mitigating and aggravating circumstances contained in s.
2759 106.265(3) s. 106.265(2) when determining the amount of a fine,
2760 if any, to be waived. Any such request shall be made within 20
2761 days after receipt of the notice of payment due. In such case,
2762 the treasurer of the electioneering communications organization
2763 shall, within the 20-day period, notify the filing officer in
2764 writing of his or her intention to bring the matter before the
2765 commission.
2766 Section 40. Paragraph (b) of subsection (2) of section
2767 106.08, Florida Statutes, is amended to read:
2768 106.08 Contributions; limitations on.—
2769 (2)
2770 (b) A candidate for statewide office may not accept
2771 contributions from national, state, or county executive
2772 committees of a political party, including any subordinate
2773 committee of the political party, or affiliated party
2774 committees, which contributions in the aggregate exceed
2775 $250,000. Polling services, research services, costs for
2776 campaign staff, professional consulting services, and telephone
2777 calls, and text messages are not contributions to be counted
2778 toward the contribution limits of paragraph (a) or this
2779 paragraph. Any item not expressly identified in this paragraph
2780 as nonallocable is a contribution in an amount equal to the fair
2781 market value of the item and must be counted as allocable toward
2782 the contribution limits of paragraph (a) or this paragraph.
2783 Nonallocable, in-kind contributions must be reported by the
2784 candidate under s. 106.07 and by the political party or
2785 affiliated party committee under s. 106.29.
2786 Section 41. Section 106.1436, Florida Statutes, is created
2787 to read:
2788 106.1436 Voter guide; disclaimers; violations.—
2789 (1) As used in this section, the term “voter guide” means
2790 direct mail that is either an electioneering communication or a
2791 political advertisement sent for the purpose of advocating for
2792 or endorsing particular issues or candidates by recommending
2793 specific electoral choices to the voter or by indicating issue
2794 or candidate selections on an unofficial ballot. The term does
2795 not apply to direct mail or publications made by governmental
2796 entities or government officials in their official capacity.
2797 (2) A person may not, directly or indirectly, represent
2798 that a voter guide is an official publication of a political
2799 party unless such person is given written permission pursuant to
2800 s. 103.081.
2801 (3) A voter guide circulated before, or on the day of, an
2802 election must, in bold font with a font size of at least 12
2803 point, prominently:
2804 (a) Display the following disclaimer at the top of the
2805 first page of the voter guide:
2806 1. If the voter guide is an electioneering communication,
2807 the disclaimer required under s. 106.1439; or
2808 2. If the voter guide is a political advertisement, the
2809 disclaimer required under s. 106.143.
2810 (b) Be marked “Voter Guide” with such text appearing
2811 immediately below the disclaimer required in paragraph (a).
2812 (4)(a) In addition to any other penalties provided by law,
2813 a person who fails to comply with this section commits a
2814 misdemeanor of the first degree, punishable as provided in s.
2815 775.082 or by a fine of not less than $25 for each individual
2816 voter guide distributed.
2817 (b) Any fine imposed pursuant to paragraph (a) may not
2818 exceed $2,500 in the aggregate in any calendar month.
2819 Section 42. Present subsections (2) through (6) of section
2820 106.265, Florida Statutes, are redesignated as subsections (3)
2821 through (7), respectively, a new subsection (2) is added to that
2822 section, and subsection (1) of that section is amended, to read:
2823 106.265 Civil penalties.—
2824 (1)(a) The commission or, in cases referred to the Division
2825 of Administrative Hearings pursuant to s. 106.25(5), the
2826 administrative law judge is authorized upon the finding of a
2827 violation of this chapter or chapter 104 to impose civil
2828 penalties in the form of fines not to exceed $2,500 $1,000 per
2829 count for the first three counts of the same category of
2830 offense. Beginning with the fourth count of the same category of
2831 offense, the fine must be multiplied by a factor of three for
2832 each count., or,
2833 (b) If applicable, the commission may instead to impose a
2834 civil penalty as provided in s. 104.271 or s. 106.19.
2835 (2) A fine imposed against a political committee jointly
2836 and severally attaches to the chair of the political committee,
2837 the treasurer of the political committee, and any other person
2838 with control over the political committee.
2839 Section 43. This act shall take effect July 1, 2023.