Florida 2022 Regular Session

Florida House Bill H1353 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1353 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1353-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to elections; amending s. 20.10, F.S.; 2
16	16	requiring the Secretary of State to be elected rather 3
17	17	than appointed; specifying when such election shall 4
18	18	occur; amending s. 97.053, F.S.; providing that an 5
19	19	applicant must designate a party affiliation or select 6
20	20	no party affiliation to be registered to vote; 7
21	21	requiring a supervisor of elections to provide a 8
22	22	certain notification; requiring the voter registration 9
23	23	application to include certain information; creating 10
24	24	s. 97.0556, F.S.; providing that a person who meets 11
25	25	certain requirements may register to vote at an early 12
26	26	voting site or at his or her polling place and 13
27	27	immediately thereafter cast a ballot; amending s. 14
28	28	97.057, F.S.; requiring the Department of Highway 15
29	29	Safety and Motor Vehicles to provide the opp ortunity 16
30	30	to preregister to vote to certain individuals; 17
31	31	revising procedures governing voter registration by 18
32	32	the Department of Highway Safety and Motor Vehicles; 19
33	33	providing that driver license or identification card 20
34	34	applications, driver license or identifica tion card 21
35	35	renewal applications, and applications for changes of 22
36	36	address for existing driver licenses or identification 23
37	37	cards submitted to the department serve as voter 24
38	38	registration applications; providing that an applicant 25
39	39
40	40	HB 1353 2022
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45	45	hb1353-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	is deemed to have consented to th e use of his or her 26
52	52	signature for voter registration purposes unless a 27
53	53	declination is made; requiring specified applications 28
54	54	to include a voter registration component, subject to 29
55	55	approval by the Department of State; providing 30
56	56	requirements for the voter reg istration component; 31
57	57	providing for the transmittal of voter registration 32
58	58	information to the Department of State and supervisors 33
59	59	of elections; amending s. 97.0575, F.S.; removing a 34
60	60	requirement that a third -party voter registration 35
61	61	organization provide certa in notice to an applicant; 36
62	62	revising certain penalties for third -party voter 37
63	63	registration organizations; removing the aggregate 38
64	64	limit of such penalties; amending s. 98.045, F.S.; 39
65	65	conforming a cross-reference; amending s. 98.065, 40
66	66	F.S.; revising the condition s in which a supervisor 41
67	67	must designate a voter as inactive; amending s. 42
68	68	99.061, F.S.; authorizing a candidate to pay his or 43
69	69	her qualification fee with a cashier's check; amending 44
70	70	100.111, F.S.; requiring the Governor to consult with 45
71	71	affected supervisors of elections in fixing the dates 46
72	72	for special elections; requiring the Governor, in the 47
73	73	event of a vacancy in a state legislative office, to 48
74	74	limit the period of a vacancy during a regular 49
75	75	legislative session to the greatest extent possible in 50
76	76
77	77	HB 1353 2022
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79	79
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1353-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	fixing special election dates; requiring the Governor 51
89	89	to fix the date for a special election to be held 52
90	90	within a certain timeframe; revising the minimum time 53
91	91	between a special primary election and a special 54
92	92	election; amending s. 100.141, F.S.; requiring the 55
93	93	Governor to issue an order calling for a special 56
94	94	election within a certain timeframe; conforming a 57
95	95	provision to changes made by the act; amending s. 58
96	96	100.371, F.S.; providing a requirement for the 59
97	97	delivery of certain petition forms; creating s. 60
98	98	100.51, F.S.; establishing General Election Day as a 61
99	99	paid holiday; providing that any elector may absent 62
100	100	himself or herself from service or employment at a 63
101	101	specific time on a General Election Day and may not be 64
102	102	penalized or have pay reduced for such absence; 65
103	103	creating s. 101.016, F. S.; requiring the Division of 66
104	104	Elections to maintain a strategic elections equipment 67
105	105	reserve of voting systems and other equipment for 68
106	106	specified purposes; requiring such reserve to include 69
107	107	specified equipment; authorizing the division to 70
108	108	contract with specified entities rather than 71
109	109	physically maintain such reserve; amending s. 101.048, 72
110	110	F.S.; providing that a person may cast a provisional 73
111	111	vote at any precinct in the county in which the voter 74
112	112	claims to be registered; amending s. 101.151, F.S.; 75
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114	114	HB 1353 2022
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	revising the order in which office titles and names of 76
126	126	candidates are placed on the ballot; amending s. 77
127	127	101.5612, F.S.; requiring a supervisor of elections to 78
128	128	annually file a plan for operations under certain 79
129	129	conditions; amending s. 101.62, F.S.; providing that a 80
130	130	request for a vote-by-mail ballot is valid until the 81
131	131	request is canceled; revising the deadline by which 82
132	132	vote-by-mail ballots must be received by a supervisor 83
133	133	of elections; revising the period during which a 84
134	134	supervisor of elections may deliver certain ballots; 85
135	135	removing requirements for a person designated by an 86
136	136	elector to pick up the elector's vote -by-mail ballot; 87
137	137	providing for extension of deadlines under certain 88
138	138	conditions; amending s. 101.64, F.S.; requiring a 89
139	139	supervisor of elections to enclose a postage paid 90
140	140	mailing envelope with each vote -by-mail ballot; 91
141	141	providing that vote-by-mail ballot voter certificates 92
142	142	may be signed with the last four digits of the voter's 93
143	143	social security number; amending s. 101.65, F.S.; 94
144	144	revising instructions that must be provided with a 95
145	145	vote-by-mail ballot; amending s. 101.68, F.S.; 96
146	146	requiring a supervisor of elections to compare the 97
147	147	signature or partial social security number on a 98
148	148	voter's certificate with the signature or partial 99
149	149	social security number in the registration books or 100
150	150
151	151	HB 1353 2022
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	precinct register when canvassing a vote -by-mail 101
163	163	ballot; requiring a canvassing board to compare the 102
164	164	signature or partial social security number on a 103
165	165	voter's certificate or cure affidavit with the 104
166	166	signature or partial social security number in the 105
167	167	registration books or precinct register when 106
168	168	canvassing a vote-by-mail ballot; removing 107
169	169	authorization for certain persons to file a protest 108
170	170	against the canvass of a ballot; amending s. 101.6952, 109
171	171	F.S.; authorizing an absent voter to submit a federal 110
172	172	write-in absentee ballot or vote-by-mail ballot; 111
173	173	revising requirements for the canvassing of specified 112
174	174	ballots; providing that a certain presumption applies 113
175	175	to vote-by-mail ballots received from absent voters; 114
176	176	requiring a vote-by-mail ballot from an absent voter 115
177	177	which is postmarked or dated by a certain date to be 116
178	178	counted; amending s. 101.71, F.S.; prohibiting a 117
179	179	polling place from being located within a gated 118
180	180	community unless certain conditions are met; amending 119
181	181	s. 102.031, F.S.; providing that a person may provide 120
182	182	food, water, or other items to certain voters; 121
183	183	prohibiting the use of devices that amplify sound in 122
184	184	certain locations during certain hours; amending s. 123
185	185	102.111, F.S.; revising the dates by which the 124
186	186	Elections Canvassing Commission shall certify certain 125
187	187
188	188	HB 1353 2022
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1353-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	election returns; amending s. 102.112, F.S.; revising 126
200	200	the deadlines for submission of county returns to the 127
201	201	Department of State; creating s. 102.181, F.S.; 128
202	202	authorizing certain persons to file actions against a 129
203	203	supervisor of elections for noncompliance with the 130
204	204	election code; providing that such person is entitled 131
205	205	to an immediate hearing; providing for the waiver of 132
206	206	fees and costs and the awarding of attorney fees; 133
207	207	providing an effective date. 134
208	208	135
209	209	Be It Enacted by the Legislature of the State of Florida: 136
210	210	137
211	211	Section 1. Subsection (1) of section 20.10, Florida 138
212	212	Statutes, is amended to read: 139
213	213	20.10 Department of State. —There is created a Department 140
214	214	of State. 141
215	215	(1) The head of the Department of State is the Secretary 142
216	216	of State. The Secretary of State shall be elected at the 143
217	217	statewide general election at which the Governor, Lieutenant 144
218	218	Governor, and Cabinet officers are elected as provided in s. 5, 145
219	219	Art. IV of the State Constitution, for a term of 4 years 146
220	220	beginning on the first Tuesday after the first Monday in January 147
221	221	of the year following such election appointed by the Governor, 148
222	222	subject to confirmation by the Senate, and shall serve at the 149
223	223	pleasure of the Governor . The Secretary of State shall perform 150
224	224
225	225	HB 1353 2022
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233	233
234	234
235	235
236	236	the functions conferred by the State Constitution upon the 151
237	237	custodian of state r ecords. 152
238	238	Section 2. Paragraph (b) of subsection (5) of section 153
239	239	97.053, Florida Statutes, is amended to read: 154
240	240	97.053 Acceptance of voter registration applications. — 155
241	241	(5) 156
242	242	(b) An applicant who fails to designate party affiliation 157
243	243	or affirmatively selec t no party affiliation may not must be 158
244	244	registered without party affiliation . The supervisor must notify 159
245	245	the voter by mail that the voter has not been registered without 160
246	246	party affiliation and that the voter must complete a new 161
247	247	registration application and d esignate a party affiliation or 162
248	248	affirmatively select no party affiliation. The voter 163
249	249	registration application must clearly denote this requirement 164
250	250	may change party affiliation as provided in s. 97.1031 . 165
251	251	Section 3. Section 97.0556, Florida Statutes, is created 166
252	252	to read: 167
253	253	97.0556 Same-day voter registration. —A person who meets 168
254	254	the qualifications to register to vote in s. 97.041 and provides 169
255	255	the information required for the statewide voter registration 170
256	256	application in s. 97.052 may register at an early voti ng site or 171
257	257	at his or her polling place and immediately thereafter cast a 172
258	258	ballot. 173
259	259	Section 4. Section 97.057, Florida Statutes, is amended to 174
260	260	read: 175
261	261
262	262	HB 1353 2022
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266	266	CODING: Words stricken are deletions; words underlined are additions.
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	97.057 Voter registration by the Department of Highway 176
274	274	Safety and Motor Vehicles. — 177
275	275	(1) Each of the following serves as an application The 178
276	276	Department of Highway Safety and Motor Vehicles shall provide 179
277	277	the opportunity to preregister to vote, register to vote, or to 180
278	278	update a voter registration record when submitted to the 181
279	279	Department of Highway Safety and Moto r Vehicles to each 182
280	280	individual who comes to an office of that department to : 183
281	281	(a) An application for or a renewal of Apply for or renew 184
282	282	a driver license; 185
283	283	(b) An application for or a renewal of Apply for or renew 186
284	284	an identification card pursuant to chapter 322; or 187
285	285	(c) An application for a change of an address on an 188
286	286	existing driver license or identification card. 189
287	287	190
288	288	Unless the applicant declines to register or preregister to 191
289	289	vote, he or she is deemed to have consent ed to the use of the 192
290	290	signature from his or her driver license or identification card 193
291	291	application for voter registration purposes. 194
292	292	(2) An application for a driver license or an 195
293	293	identification card must include a voter registration component. 196
294	294	The voter registration component must be approved by the 197
295	295	Department of State. The voter registration component of a 198
296	296	driver license or identification card application must contain 199
297	297	all of the following: 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	(a) The minimum amount of information necessary to prevent 201
311	311	duplicate voter registrations and preserve the ability of the 202
312	312	department and supervisors of elections to assess the 203
313	313	eligibility of the applicant and administer voter registration 204
314	314	and other provisions of this code. 205
315	315	(b) A statement setting forth voting eligibilit y 206
316	316	requirements. 207
317	317	(c) An explanation that the applicant is consenting to the 208
318	318	use of his or her signature from the applicant's driver license 209
319	319	or identification card application for voter registration 210
320	320	purposes. By consenting to the use of his or her signatur e, the 211
321	321	applicant is deemed to have subscribed to the oath required by 212
322	322	s. 3, Art. VI of the State Constitution and s. 97.051 and to 213
323	323	have sworn and affirmed that the voter registration information 214
324	324	contained in the application is true under penalty for false 215
325	325	swearing pursuant to s. 104.011. 216
326	326	(d) An option that allows the applicant to choose or 217
327	327	update a party affiliation; otherwise, an applicant who is 218
328	328	initially registering to vote and does not exercise such option 219
329	329	shall be registered without party affiliation in accordance with 220
330	330	s. 97.053(5)(b). 221
331	331	(e) An option that allows the applicant to decline to 222
332	332	register to vote or preregister to vote. The Department of 223
333	333	Highway Safety and Motor Vehicles shall note any such 224
334	334	declination in its records and forward the declina tion to the 225
335	335
336	336	HB 1353 2022
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	Department of State. Any declination may be used only for voter 226
348	348	registration purposes and is confidential and exempt from public 227
349	349	records requirements as provided in s. 97.0585. 228
350	350	(3) The Department of Highway Safety and Motor Vehicles 229
351	351	shall: 230
352	352	(a) Develop a voter registration component for 231
353	353	applications which meets the requirements set forth in 232
354	354	subsection (2). 233
355	355	(b) Electronically transmit the voter registration 234
356	356	component of an applicant's driver license or identification 235
357	357	card application to the Department of State within 24 hours 236
358	358	after receipt. Upon receipt of the voter registration component, 237
359	359	the Department of State shall provide the information to the 238
360	360	supervisor of the county in which the applicant is registering 239
361	361	or preregistering to vote or up dating his or her voter 240
362	362	registration record. 241
363	363	(2) The Department of Highway Safety and Motor Vehicles 242
364	364	shall: 243
365	365	(a) Notify each individual, orally or in writing, that: 244
366	366	1. Information gathered for the completion of a driver 245
367	367	license or identification card application, renewal, or change 246
368	368	of address can be automatically transferred to a voter 247
369	369	registration application; 248
370	370	2. If additional information and a signature are provided, 249
371	371	the voter registration application will be completed and sent to 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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382	382
383	383
384	384	the proper election authority; 251
385	385	3. Information provided can also be used to update a voter 252
386	386	registration record; 253
387	387	4. All declinations will remain confidential and may be 254
388	388	used only for voter registration purposes; and 255
389	389	5. The particular driver license office in whic h the 256
390	390	person applies to register to vote or updates a voter 257
391	391	registration record will remain confidential and may be used 258
392	392	only for voter registration purposes. 259
393	393	(b) Require a driver license examiner to inquire orally 260
394	394	or, if the applicant is hearing impaire d, inquire in writing 261
395	395	whether the applicant wishes to register to vote or update a 262
396	396	voter registration record during the completion of a driver 263
397	397	license or identification card application, renewal, or change 264
398	398	of address. 265
399	399	1. If the applicant chooses to regis ter to vote or to 266
400	400	update a voter registration record: 267
401	401	a. All applicable information received by the Department 268
402	402	of Highway Safety and Motor Vehicles in the course of filling 269
403	403	out the forms necessary under subsection (1) must be transferred 270
404	404	to a voter registration application. 271
405	405	b. The additional necessary information must be obtained 272
406	406	by the driver license examiner and must not duplicate any 273
407	407	information already obtained while completing the forms required 274
408	408	under subsection (1). 275
409	409
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	c. A voter registration appli cation with all of the 276
422	422	applicant's voter registration information required to establish 277
423	423	the applicant's eligibility pursuant to s. 97.041 must be 278
424	424	presented to the applicant to review and verify the voter 279
425	425	registration information received and provide an ele ctronic 280
426	426	signature affirming the accuracy of the information provided. 281
427	427	2. If the applicant declines to register to vote, update 282
428	428	the applicant's voter registration record, or change the 283
429	429	applicant's address by either orally declining or by failing to 284
430	430	sign the voter registration application, the Department of 285
431	431	Highway Safety and Motor Vehicles must note such declination on 286
432	432	its records and shall forward the declination to the statewide 287
433	433	voter registration system. 288
434	434	(3) For the purpose of this section, the Depart ment of 289
435	435	Highway Safety and Motor Vehicles, with the approval of the 290
436	436	Department of State, shall prescribe: 291
437	437	(a) A voter registration application that is the same in 292
438	438	content, format, and size as the uniform statewide voter 293
439	439	registration application prescribe d under s. 97.052; and 294
440	440	(b) A form that will inform applicants under subsection 295
441	441	(1) of the information contained in paragraph (2)(a). 296
442	442	(4) The Department of Highway Safety and Motor Vehicles 297
443	443	must electronically transmit completed voter registration 298
444	444	applications within 24 hours after receipt to the statewide 299
445	445	voter registration system. Completed paper voter registration 300
446	446
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	applications received by the Department of Highway Safety and 301
459	459	Motor Vehicles shall be forwarded within 5 days after receipt to 302
460	460	the supervisor of the county where the office that processed or 303
461	461	received that application is located. 304
462	462	(5) The Department of Highway Safety and Mot or Vehicles 305
463	463	must send, with each driver license renewal extension 306
464	464	application authorized pursuant to s. 322.18(8), a uniform 307
465	465	statewide voter registration application, the voter registration 308
466	466	application prescribed under paragraph (3)(a), or a voter 309
467	467	registration application developed especially for the purposes 310
468	468	of this subsection by the Department of Highway Safety and Motor 311
469	469	Vehicles, with the approval of the Department of State, which 312
470	470	must meet the requirements of s. 97.052. 313
471	471	(4)(6) A person providing voter registration services for 314
472	472	a driver license office may not: 315
473	473	(a) Seek to influence an applicant's political preference 316
474	474	or party registration; 317
475	475	(b) Display any political preference or party allegiance; 318
476	476	(c) Make any statement to an applicant or take any action 319
477	477	the purpose or effect of which is to discourage the applicant 320
478	478	from registering to vote; or 321
479	479	(d) Disclose any applicant's voter registration 322
480	480	information except as needed for the administration of voter 323
481	481	registration. 324
482	482	(5)(7) The Department of Highwa y Safety and Motor Vehicles 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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494	494
495	495	shall collect data determined necessary by the Department of 326
496	496	State for program evaluation and reporting to the Election 327
497	497	Assistance Commission pursuant to federal law. 328
498	498	(6)(8) The Department of Highway Safety and Motor Vehicles 329
499	499	shall must ensure that all voter registration services provided 330
500	500	by driver license offices are in compliance with the Voting 331
501	501	Rights Act of 1965. 332
502	502	(7)(9) The Department of Highway Safety and Motor Vehicles 333
503	503	shall retain complete records of voter registration information 334
504	504	received, processed, and submitted to the Department of State 335
505	505	statewide voter registration system by the Department of Highway 336
506	506	Safety and Motor Vehicles. The retention of such These records 337
507	507	is shall be for the explicit purpose of supporting au dit and 338
508	508	accounting controls established to ensure accurate and complete 339
509	509	electronic transmission of records between the Department of 340
510	510	State statewide voter registration system and the Department of 341
511	511	Highway Safety and Motor Vehicles. 342
512	512	(8)(10) The Department of State shall provide the 343
513	513	Department of Highway Safety and Motor Vehicles with an 344
514	514	electronic database of street addresses valid for use as the 345
515	515	address of legal residence as required in s. 97.053(5). The 346
516	516	Department of Highway Safety and Motor Vehicles sha ll compare 347
517	517	the address provided by the applicant against the database of 348
518	518	valid street addresses. If the address provided by the applicant 349
519	519	does not match a valid street address in the database, the 350
520	520
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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530	530
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532	532	applicant will be asked to verify the address provided. The 351
533	533	Department of Highway Safety and Motor Vehicles may shall not 352
534	534	reject any application for voter registration for which a valid 353
535	535	match cannot be made. 354
536	536	(9)(11) The Department of Highway Safety and Motor 355
537	537	Vehicles shall enter into an agreement with the depart ment to 356
538	538	match information in the statewide voter registration system 357
539	539	with information in the database of the Department of Highway 358
540	540	Safety and Motor Vehicles to the extent required to verify the 359
541	541	accuracy of the driver license number, Florida identification 360
542	542	number, or last four digits of the social security number 361
543	543	provided on applications for voter registration as required in 362
544	544	s. 97.053. 363
545	545	(10)(12) The Department of Highway Safety and Motor 364
546	546	Vehicles shall enter into an agreement with the Commissioner of 365
547	547	Social Security as required by the Help America Vote Act of 2002 366
548	548	to verify the last four digits of the social security number 367
549	549	provided in applications for voter registration as required in 368
550	550	s. 97.053. 369
551	551	(11)(13) The Department of Highway Safety and Motor 370
552	552	Vehicles must assist the Department of State in regularly 371
553	553	identifying changes in residence address on the driver license 372
554	554	or identification card of a voter. The Department of State must 373
555	555	report each such change to the appropriate supervisor of 374
556	556	elections who must cha nge the voter's registration records in 375
557	557
558	558	HB 1353 2022
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb1353-00
564	564	Page 16 of 52
565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	accordance with s. 98.065(4). 376
570	570	Section 5. Paragraph (a) of subsection (3) of section 377
571	571	97.0575, Florida Statutes, is amended to read: 378
572	572	97.0575 Third-party voter registrations. — 379
573	573	(3)(a) A third-party voter registra tion organization that 380
574	574	collects voter registration applications serves as a fiduciary 381
575	575	to the applicant, ensuring that any voter registration 382
576	576	application entrusted to the organization, irrespective of party 383
577	577	affiliation, race, ethnicity, or gender, must be p romptly 384
578	578	delivered to the division or the supervisor of elections in the 385
579	579	county in which the applicant resides within 14 days after the 386
580	580	application was completed by the applicant, but not after 387
581	581	registration closes for the next ensuing election. A third-party 388
582	582	voter registration organization must notify the applicant at the 389
583	583	time the application is collected that the organization might 390
584	584	not deliver the application to the division or the supervisor of 391
585	585	elections in the county in which the applicant resides in less 392
586	586	than 14 days or before registration closes for the next ensuing 393
587	587	election and must advise the applicant that he or she may 394
588	588	deliver the application in person or by mail. The third -party 395
589	589	voter registration organization must also inform the applicant 396
590	590	how to register online with the division and how to determine 397
591	591	whether the application has been delivered. If a voter 398
592	592	registration application collected by any third -party voter 399
593	593	registration organization is not promptly delivered to the 400
594	594
595	595	HB 1353 2022
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb1353-00
601	601	Page 17 of 52
602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	division or supervisor of el ections in the county in which the 401
607	607	applicant resides, the third -party voter registration 402
608	608	organization is liable for the following fines: 403
609	609	1. A fine in the amount of $50 for each application 404
610	610	received by the division or the supervisor of elections in the 405
611	611	county in which the applicant resides more than 14 days after 406
612	612	the applicant delivered the completed voter registration 407
613	613	application to the third -party voter registration organization 408
614	614	or any person, entity, or agent acting on its behalf. A fine in 409
615	615	the amount of $250 for each application received if the third -410
616	616	party voter registration organization or person, entity, or 411
617	617	agency acting on its behalf acted willfully. 412
618	618	2. A fine in the amount of $100 for each application 413
619	619	collected by a third -party voter registration organization or 414
620	620	any person, entity, or agent acting on its behalf, before book 415
621	621	closing for any given election for federal or state office and 416
622	622	received by the division or the supervisor of elections in the 417
623	623	county in which the applicant resides after the boo k-closing 418
624	624	deadline for such election. A fine in the amount of $500 for 419
625	625	each application received if the third -party registration 420
626	626	organization or person, entity, or agency acting on its behalf 421
627	627	acted willfully. 422
628	628	3. A fine in the amount of $500 for each appl ication 423
629	629	collected by a third -party voter registration organization or 424
630	630	any person, entity, or agent acting on its behalf, which is not 425
631	631
632	632	HB 1353 2022
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb1353-00
638	638	Page 18 of 52
639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	submitted to the division or supervisor of elections in the 426
644	644	county in which the applicant resides. A fine in the amount of 427
645	645	$1,000 for any application not submitted if the third -party 428
646	646	voter registration organization or person, entity, or agency 429
647	647	acting on its behalf acted willfully. 430
648	648	431
649	649	The aggregate fine pursuant to this paragraph which may be 432
650	650	assessed against a third -party voter registration organization, 433
651	651	including affiliate organizations, for violations committed in a 434
652	652	calendar year is $1,000. 435
653	653	Section 6. Paragraph (b) of subsection (4) of section 436
654	654	98.045, Florida Statutes, is amended to read: 437
655	655	98.045 Administration of voter registration.— 438
656	656	(4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL 439
657	657	STREET ADDRESSES.— 440
658	658	(b) The department shall make the statewide database of 441
659	659	valid street addresses available to the Department of Highway 442
660	660	Safety and Motor Vehicles as provided in s. 97.057(8) s. 443
661	661	97.057(10). The Department of Highway Safety and Motor Vehicles 444
662	662	shall use the database for purposes of validating the legal 445
663	663	residential addresses provided in voter registration 446
664	664	applications received by the Department of Highway Safety and 447
665	665	Motor Vehicles. 448
666	666	Section 7. Paragraph (c) of subsection (4) of section 449
667	667	98.065, Florida Statutes, is amended to read: 450
668	668
669	669	HB 1353 2022
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb1353-00
675	675	Page 19 of 52
676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	98.065 Registration list maintenance programs. — 451
681	681	(4) 452
682	682	(c) The supervisor must designate as inactive all voters 453
683	683	who have not voted in at least one of the last two general 454
684	684	elections, been sent an address confirmation final notice , and 455
685	685	who have not returned the postage prepaid, preaddressed return 456
686	686	form within 30 days or for which the final notice has been 457
687	687	returned as undeliverable. Names on t he inactive list may not be 458
688	688	used to calculate the number of signatures needed on any 459
689	689	petition. A voter on the inactive list may be restored to the 460
690	690	active list of voters upon the voter updating his or her 461
691	691	registration, requesting a vote -by-mail ballot, or appearing to 462
692	692	vote. However, if the voter does not update his or her voter 463
693	693	registration information, request a vote -by-mail ballot, or vote 464
694	694	by the second general election after being placed on the 465
695	695	inactive list, the voter's name shall be removed from the 466
696	696	statewide voter registration system and the voter shall be 467
697	697	required to reregister to have his or her name restored to the 468
698	698	statewide voter registration system. 469
699	699	Section 8. Paragraph (a) of subsection (7) of section 470
700	700	99.061, Florida Statutes, is amended to re ad: 471
701	701	99.061 Method of qualifying for nomination or election to 472
702	702	federal, state, county, or district office. — 473
703	703	(7)(a) In order for a candidate to be qualified, the 474
704	704	following items must be received by the filing officer by the 475
705	705
706	706	HB 1353 2022
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb1353-00
712	712	Page 20 of 52
713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	end of the qualifying period: 476
718	718	1. A cashier's check purchased with funds of the campaign 477
719	719	account or a properly executed check drawn upon the candidate's 478
720	720	campaign account payable to the person or entity as prescribed 479
721	721	by the filing officer in an amount not less than the fee 480
722	722	required by s. 99.092, unless the candidate obtained the 481
723	723	required number of signatures on petitions pursuant to s. 482
724	724	99.095. The filing fee for a special district candidate is not 483
725	725	required to be drawn upon the candidate's campaign account. If a 484
726	726	candidate's check is retu rned by the bank for any reason, the 485
727	727	filing officer shall immediately notify the candidate and the 486
728	728	candidate shall have until the end of qualifying to pay the fee 487
729	729	with a cashier's check purchased from funds of the campaign 488
730	730	account. Failure to pay the fee a s provided in this subparagraph 489
731	731	shall disqualify the candidate. 490
732	732	2. The candidate's oath required by s. 99.021, which must 491
733	733	contain the name of the candidate as it is to appear on the 492
734	734	ballot; the office sought, including the district or group 493
735	735	number if applicable; and the signature of the candidate, which 494
736	736	must be verified under oath or affirmation pursuant to s. 495
737	737	92.525(1)(a). 496
738	738	3. If the office sought is partisan, the written statement 497
739	739	of political party affiliation required by s. 99.021(1)(b); or 498
740	740	if the candidate is running without party affiliation for a 499
741	741	partisan office, the written statement required by s. 500
742	742
743	743	HB 1353 2022
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb1353-00
749	749	Page 21 of 52
750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	99.021(1)(c). 501
755	755	4. The completed form for the appointment of campaign 502
756	756	treasurer and designation of campaign depository, as required by 503
757	757	s. 106.021. 504
758	758	5. The full and public disclosure or statement of 505
759	759	financial interests required by subsection (5). A public officer 506
760	760	who has filed the full and public disclosure or statement of 507
761	761	financial interests with the Commission on Ethics or the 508
762	762	supervisor before of elections prior to qualifying for office 509
763	763	may file a copy of that disclosure at the time of qualifying. 510
764	764	Section 9. Subsection (2) of section 100.111, Florida 511
765	765	Statutes, is amended to read: 512
766	766	100.111 Filling vacancy. — 513
767	767	(2) Whenever there is a vacancy for whi ch a special 514
768	768	election is required pursuant to s. 100.101, the Governor, after 515
769	769	consultation with the Secretary of State and the supervisor of 516
770	770	elections of any affected county , shall fix the dates of a 517
771	771	special primary election and a special election. Nominee s of 518
772	772	political parties shall be chosen under the primary laws of this 519
773	773	state in the special primary election to become candidates in 520
774	774	the special election. Before Prior to setting the special 521
775	775	election dates, the Governor shall consider any upcoming 522
776	776	elections in the jurisdiction where the special election will be 523
777	777	held and, in the event of a vacancy in a state legislative 524
778	778	office, limit the period of any such vacancy during a regular 525
779	779
780	780	HB 1353 2022
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb1353-00
786	786	Page 22 of 52
787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	legislative session to the greatest extent possible in fixing 526
792	792	such dates. Notwithstanding the foregoing, any special election 527
793	793	may not be held later than 180 days after a vacancy has 528
794	794	occurred. The dates fixed by the Governor must shall be specific 529
795	795	days certain and may shall not be established by the happening 530
796	796	of a condition or stated in the alternative. The dates fixed 531
797	797	must shall provide a minimum of 10 2 weeks between each 532
798	798	election. In the event a vacancy occurs in the office of state 533
799	799	senator or member of the House of Representatives when the 534
800	800	Legislature is in regular legislative sess ion, the minimum times 535
801	801	prescribed by this subsection may be waived upon concurrence of 536
802	802	the Governor, the Speaker of the House of Representatives, and 537
803	803	the President of the Senate. If a vacancy occurs in the office 538
804	804	of state senator and no session of the Legi slature is scheduled 539
805	805	to be held before prior to the next general election, the 540
806	806	Governor may fix the dates for the special primary election and 541
807	807	for the special election to coincide with the dates of the 542
808	808	primary election and general election. If a vacancy in office 543
809	809	occurs in any district in the state Senate or House of 544
810	810	Representatives or in any congressional district, and no session 545
811	811	of the Legislature, or session of Congress if the vacancy is in 546
812	812	a congressional district, is scheduled to be held during the 547
813	813	unexpired portion of the term, the Governor is not required to 548
814	814	call a special election to fill such vacancy. 549
815	815	(a) The dates for candidates to qualify in such special 550
816	816
817	817	HB 1353 2022
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb1353-00
823	823	Page 23 of 52
824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	election or special primary election must shall be fixed by the 551
829	829	Department of State, and can didates must shall qualify no not 552
830	830	later than noon of the last day so fixed. The dates fixed for 553
831	831	qualifying must shall allow a minimum of 14 days between the 554
832	832	last day of qualifying and the special primary election. 555
833	833	(b) The filing of campaign expense state ments by 556
834	834	candidates in such special elections or special primaries and by 557
835	835	committees making contributions or expenditures to influence the 558
836	836	results of such special primaries or special elections must 559
837	837	shall be no not later than such dates as shall be fixed by the 560
838	838	Department of State, and in fixing such dates the Department of 561
839	839	State shall take into consideration and be governed by the 562
840	840	practical time limitations. 563
841	841	(c) The dates for a candidate to qualify by the petition 564
842	842	process pursuant to s. 99.095 in such sp ecial primary or special 565
843	843	election must shall be fixed by the Department of State. In 566
844	844	fixing such dates the Department of State shall take into 567
845	845	consideration and be governed by the practical time limitations. 568
846	846	Any candidate seeking to qualify by the petition process in a 569
847	847	special primary election must shall obtain 25 percent of the 570
848	848	signatures required by s. 99.095. 571
849	849	(d) The qualifying fees and party assessments of such 572
850	850	candidates as may qualify must shall be the same as collected 573
851	851	for the same office at the la st previous primary for that 574
852	852	office. The party assessment must shall be paid to the 575
853	853
854	854	HB 1353 2022
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb1353-00
860	860	Page 24 of 52
861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	appropriate executive committee of the political party to which 576
866	866	the candidate belongs. 577
867	867	(e) Each county canvassing board shall make as speedy a 578
868	868	return of the result of such special primary elections and 579
869	869	special elections as time will permit, and the Elections 580
870	870	Canvassing Commission likewise shall make as speedy a canvass 581
871	871	and declaration of the nominees as time will permit. 582
872	872	Section 10. Subsection (1) of section 100.141 , Florida 583
873	873	Statutes, is amended to read: 584
874	874	100.141 Notice of special election to fill any vacancy in 585
875	875	office.— 586
876	876	(1) Whenever a special election is required to fill any 587
877	877	vacancy in office, the Governor, after consultation with the 588
878	878	Secretary of State and the supervisor of elections of any 589
879	879	affected county, shall issue an order declaring on what day the 590
880	880	election shall be held and deliver the order to the Department 591
881	881	of State. The Governor shall issue the order within 14 calendar 592
882	882	days after the occurrence of the va cancy or, for vacancies 593
883	883	arising due to a resignation under s. 99.012, within 14 calendar 594
884	884	days after submittal of the written resignation to the Governor, 595
885	885	whichever is sooner. 596
886	886	Section 11. Paragraph (a) of subsection (7) of section 597
887	887	100.371, Florida Statu tes, is amended, and paragraph (c) is 598
888	888	added to that subsection, to read: 599
889	889	100.371 Initiatives; procedure for placement on ballot. — 600
890	890
891	891	HB 1353 2022
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb1353-00
897	897	Page 25 of 52
898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	(7)(a) A sponsor that collects petition forms or uses a 601
903	903	petition circulator to collect petition forms serves as a 602
904	904	fiduciary to the elector signing the petition form, ensuring 603
905	905	that any petition form entrusted to the petition circulator 604
906	906	shall be promptly delivered to the supervisor of elections 605
907	907	within 30 days after the elector signs the form. 606
908	908	(a) If a petition form collected by any petition 607
909	909	circulator is not promptly delivered to the supervisor of 608
910	910	elections, the sponsor is liable for the following fines: 609
911	911	1. A fine in the amount of $50 for each petition form 610
912	912	received by the supervisor of elections more than 30 days after 611
913	913	the elector signed the petition form or the next business day, 612
914	914	if the office is closed. A fine in the amount of $250 for each 613
915	915	petition form received if the sponsor or petition circulator 614
916	916	acted willfully. 615
917	917	2. A fine in the amount of $500 for each petition form 616
918	918	collected by a petition circulator which is not submitted to the 617
919	919	supervisor of elections. A fine in the amount of $1,000 for any 618
920	920	petition form not submitted if the sponsor or petition 619
921	921	circulator acted willfully. 620
922	922	(c) A sponsor shall deliver petition form s to the 621
923	923	supervisor grouped in batches by the petition circulator who 622
924	924	collected them. 623
925	925	Section 12. Section 100.51, Florida Statutes, is created 624
926	926	to read: 625
927	927
928	928	HB 1353 2022
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb1353-00
934	934	Page 26 of 52
935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	100.51 General Election Day paid holiday. —In order to 626
940	940	encourage civic participation, enable more individuals to serve 627
941	941	as poll workers, and provide additional time for the resolution 628
942	942	of any issues that arise while an elector is casting his or her 629
943	943	vote, General Election Day is a paid holiday. An elector is 630
944	944	entitled to absent himself or herself from any service or 631
945	945	employment in which he or she is engaged or employed during the 632
946	946	time the polls are open on General Election Day. An elector who 633
947	947	absents himself or herself under this section may not be 634
948	948	penalized in any way and a deduction may not be made from hi s or 635
949	949	her usual salary or wages on account of his or her absence. 636
950	950	Section 13. Section 101.016, Florida Statutes, is created 637
951	951	to read: 638
952	952	101.016 Strategic elections equipment reserve. —The 639
953	953	Division of Elections shall maintain a strategic elections 640
954	954	equipment reserve of voting systems that may be deployed in the 641
955	955	event of an emergency as defined in s. 101.732 or upon the 642
956	956	occurrence of equipment capacity issues due to unexpected voter 643
957	957	turnout. The reserve shall include tabulation equipment and any 644
958	958	other necessary equipment, including, but not limited to, 645
959	959	printers, which are in use by each supervisor of elections. In 646
960	960	lieu of maintaining a physical reserve of such equipment, the 647
961	961	division may contract with a vendor of voting equipment that 648
962	962	shall provide such equipm ent on an as-needed basis. 649
963	963	Section 14. Subsections (1) and (2) of section 101.048, 650
964	964
965	965	HB 1353 2022
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb1353-00
971	971	Page 27 of 52
972	972	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973	973
974	974
975	975
976	976	Florida Statutes, are amended to read: 651
977	977	101.048 Provisional ballots. — 652
978	978	(1) At all elections, a voter claiming to be properly 653
979	979	registered in the state and eligible to vo te at the precinct in 654
980	980	the election but whose eligibility cannot be determined, a 655
981	981	person whom an election official asserts is not eligible, and 656
982	982	other persons specified in the code shall be entitled to vote a 657
983	983	provisional ballot at any precinct in the county in which the 658
984	984	voter claims to be registered . Once voted, the provisional 659
985	985	ballot shall be placed in a secrecy envelope and thereafter 660
986	986	sealed in a provisional ballot envelope. The provisional ballot 661
987	987	shall be deposited in a ballot box. All provisional ballots 662
988	988	shall remain sealed in their envelopes for return to the 663
989	989	supervisor of elections. The department shall prescribe the form 664
990	990	of the provisional ballot envelope. A person casting a 665
991	991	provisional ballot shall have the right to present written 666
992	992	evidence supporting his or her eligibility to vote to the 667
993	993	supervisor of elections by not later than 5 p.m. on the second 668
994	994	day following the election. 669
995	995	(2)(a) The county canvassing board shall examine each 670
996	996	Provisional Ballot Voter's Certificate and Affirmation to 671
997	997	determine if the person voting that ballot was entitled to vote 672
998	998	in the county in which at the precinct where the person cast a 673
999	999	vote in the election and that the person had not already cast a 674
1000	1000	ballot in the election. In determining whether a person casting 675
1001	1001
1002	1002	HB 1353 2022
1003	1003
1004	1004
1005	1005
1006	1006	CODING: Words stricken are deletions; words underlined are additions.
1007	1007	hb1353-00
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1009	1009	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010	1010
1011	1011
1012	1012
1013	1013	a provisional ballot is entitled to vote, the county canvassing 676
1014	1014	board shall review the information provided in the Voter's 677
1015	1015	Certificate and Affirmation, written evidence provided by the 678
1016	1016	person pursuant to subsection (1), information provided in any 679
1017	1017	cure affidavit and acc ompanying supporting documentation 680
1018	1018	pursuant to subsection (6), any other evidence presented by the 681
1019	1019	supervisor, and, in the case of a challenge, any evidence 682
1020	1020	presented by the challenger. A ballot of a person casting a 683
1021	1021	provisional ballot shall be canvassed p ursuant to paragraph (b) 684
1022	1022	unless the canvassing board determines by a preponderance of the 685
1023	1023	evidence that the person was not entitled to vote. 686
1024	1024	(b) If it is determined that the person was registered and 687
1025	1025	entitled to vote in the county in which at the precinct where 688
1026	1026	the person cast a vote in the election, the canvassing board 689
1027	1027	must compare the signature on the Provisional Ballot Voter's 690
1028	1028	Certificate and Affirmation or the provisional ballot cure 691
1029	1029	affidavit with the signature on the voter's registration or 692
1030	1030	precinct register. A provisional ballot may be counted only if: 693
1031	1031	1. The signature on the voter's certificate or the cure 694
1032	1032	affidavit matches the elector's signature in the registration 695
1033	1033	books or the precinct register; however, in the case of a cure 696
1034	1034	affidavit, the supporting identification listed in subsection 697
1035	1035	(6) must also confirm the identity of the elector; or 698
1036	1036	2. The cure affidavit contains a signature that does not 699
1037	1037	match the elector's signature in the registration books or the 700
1038	1038
1039	1039	HB 1353 2022
1040	1040
1041	1041
1042	1042
1043	1043	CODING: Words stricken are deletions; words underlined are additions.
1044	1044	hb1353-00
1045	1045	Page 29 of 52
1046	1046	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047	1047
1048	1048
1049	1049
1050	1050	precinct register, but the elector has submitted a current and 701
1051	1051	valid Tier 1 form of identification confirming his or her 702
1052	1052	identity pursuant to subsection (6). 703
1053	1053	704
1054	1054	For purposes of this paragraph, any canvassing board finding 705
1055	1055	that signatures do not match must be by majority vote and beyond 706
1056	1056	a reasonable doubt. 707
1057	1057	(c) Any provisional ballot not counted must remain in the 708
1058	1058	envelope containing the Provisional Ballot Voter's Certificate 709
1059	1059	and Affirmation and the envelope shall be marked "Rejected as 710
1060	1060	Illegal." 711
1061	1061	(d) If a provisional ballot is validated fol lowing the 712
1062	1062	submission of a cure affidavit, the supervisor must make a copy 713
1063	1063	of the affidavit, affix it to a voter registration application, 714
1064	1064	and immediately process it as a valid request for a signature 715
1065	1065	update pursuant to s. 98.077. 716
1066	1066	Section 15. Paragraph (a) of subsection (2) and paragraph 717
1067	1067	(a) of subsection (3) of section 101.151, Florida Statutes, are 718
1068	1068	amended to read: 719
1069	1069	101.151 Specifications for ballots. — 720
1070	1070	(2)(a) The ballot must include the following office titles 721
1071	1071	above the names of the candidates for the respective offices in 722
1072	1072	the following order: 723
1073	1073	1. The office titles of President and Vice President above 724
1074	1074	the randomly ordered names of the candidates for President and 725
1075	1075
1076	1076	HB 1353 2022
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb1353-00
1082	1082	Page 30 of 52
1083	1083	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084	1084
1085	1085
1086	1086
1087	1087	Vice President of the United States nominated by the political 726
1088	1088	party that received th e highest vote for Governor in the last 727
1089	1089	general election of the Governor in this state, followed by the 728
1090	1090	names of other candidates for President and Vice President of 729
1091	1091	the United States who have been properly nominated. 730
1092	1092	2. The office titles of United State s Senator and 731
1093	1093	Representative in Congress. 732
1094	1094	3. The office titles of Governor and Lieutenant Governor; 733
1095	1095	Attorney General; Chief Financial Officer; Commissioner of 734
1096	1096	Agriculture; Secretary of State; State Attorney, with the 735
1097	1097	applicable judicial circuit; and Publ ic Defender, with the 736
1098	1098	applicable judicial circuit. 737
1099	1099	4. The office titles of State Senator and State 738
1100	1100	Representative, with the applicable district for the office 739
1101	1101	printed beneath. 740
1102	1102	5. The office titles of Clerk of the Circuit Court or, 741
1103	1103	when the Clerk of the Circuit Court also serves as the County 742
1104	1104	Comptroller, Clerk of the Circuit Court and Comptroller, when 743
1105	1105	authorized by law; Clerk of the County Court, when authorized by 744
1106	1106	law; Sheriff; Property Appraiser; Tax Collector; District 745
1107	1107	Superintendent of Schools; and Supervisor of Elections. 746
1108	1108	6. The office titles of Board of County Commissioners, 747
1109	1109	with the applicable district printed beneath each office, and 748
1110	1110	such other county and district offices as are involved in the 749
1111	1111	election, in the order fixed by the Department of State, 750
1112	1112
1113	1113	HB 1353 2022
1114	1114
1115	1115
1116	1116
1117	1117	CODING: Words stricken are deletions; words underlined are additions.
1118	1118	hb1353-00
1119	1119	Page 31 of 52
1120	1120	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121	1121
1122	1122
1123	1123
1124	1124	followed, in the year of their election, by "Party Offices," and 751
1125	1125	thereunder the offices of state and county party executive 752
1126	1126	committee members. 753
1127	1127	(3)(a) The names of the candidates of the party that 754
1128	1128	received the highest number of votes for Governor in the last 755
1129	1129	election in which a Governor was elected shall be ordered 756
1130	1130	randomly placed first for each office on the general election 757
1131	1131	ballot, together with an appropriate abbreviation of the party 758
1132	1132	name; the names of the candidates of the party that received the 759
1133	1133	second highest vote for Governor shall be placed second for each 760
1134	1134	office, together with an appropriate abbreviation of the party 761
1135	1135	name. 762
1136	1136	Section 16. Subsection (6) is added to section 101.5612, 763
1137	1137	Florida Statutes, to read: 764
1138	1138	101.5612 Testing of tabulati ng equipment.— 765
1139	1139	(6) The supervisor of elections shall annually file with 766
1140	1140	the Secretary of State a detailed plan for operations in the 767
1141	1141	event that maximum voter turnout occurs on election day and a 768
1142	1142	recount is required in each race on a ballot. 769
1143	1143	Section 17. Paragraph (a) of subsection (1), subsection 770
1144	1144	(2), and paragraph (c) of subsection (4) of section 101.62, 771
1145	1145	Florida Statutes, are amended and subsection (8) is added to 772
1146	1146	that section, to read: 773
1147	1147	101.62 Request for vote -by-mail ballots.— 774
1148	1148	(1)(a) The supervisor shall accept a request for a vote -775
1149	1149
1150	1150	HB 1353 2022
1151	1151
1152	1152
1153	1153
1154	1154	CODING: Words stricken are deletions; words underlined are additions.
1155	1155	hb1353-00
1156	1156	Page 32 of 52
1157	1157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158	1158
1159	1159
1160	1160
1161	1161	by-mail ballot from an elector in person or in writing. One 776
1162	1162	request is deemed sufficient to receive a vote -by-mail ballot 777
1163	1163	for all elections until the elector or the elector's designee 778
1164	1164	notifies the supervisor tha t the elector cancels such request 779
1165	1165	through the end of the calendar year of the next regularly 780
1166	1166	scheduled general election , unless the elector or the elector's 781
1167	1167	designee indicates at the time the request is made the elections 782
1168	1168	within such period for which the elector desires to receive a 783
1169	1169	vote-by-mail ballot. Such request may be considered canceled 784
1170	1170	when any first-class mail sent by the supervisor to the elector 785
1171	1171	is returned as undeliverable. 786
1172	1172	(2) A request for a vote -by-mail ballot to be mailed to a 787
1173	1173	voter must be received no later than 5 p.m. on the 11th 10th day 788
1174	1174	before the election by the supervisor. The supervisor shall mail 789
1175	1175	vote-by-mail ballots to voters requesting ballots by such 790
1176	1176	deadline no later than 8 days before the election. 791
1177	1177	(4) 792
1178	1178	(c) The supervisor sha ll provide a vote-by-mail ballot to 793
1179	1179	each elector by whom a request for that ballot has been made by 794
1180	1180	one of the following means: 795
1181	1181	1. By nonforwardable, return -if-undeliverable mail to the 796
1182	1182	elector's current mailing address on file with the supervisor or 797
1183	1183	any other address the elector specifies in the request. 798
1184	1184	2. By forwardable mail, e -mail, or facsimile machine 799
1185	1185	transmission to absent uniformed services voters and overseas 800
1186	1186
1187	1187	HB 1353 2022
1188	1188
1189	1189
1190	1190
1191	1191	CODING: Words stricken are deletions; words underlined are additions.
1192	1192	hb1353-00
1193	1193	Page 33 of 52
1194	1194	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195	1195
1196	1196
1197	1197
1198	1198	voters. The absent uniformed services voter or overseas voter 801
1199	1199	may designate in the vot e-by-mail ballot request the preferred 802
1200	1200	method of transmission. If the voter does not designate the 803
1201	1201	method of transmission, the vote -by-mail ballot shall be mailed. 804
1202	1202	3. By personal delivery before 7 p.m. on election day to 805
1203	1203	the elector, upon presentation of the identification required in 806
1204	1204	s. 101.043. 807
1205	1205	4. By delivery to a designee on election day or up to 11 9 808
1206	1206	days before the day of an election. Any elector may designate in 809
1207	1207	writing a person to pick up the ballot for the elector ; however, 810
1208	1208	the person designated may not pick up more than two vote -by-mail 811
1209	1209	ballots per election, other than the designee's own ballot, 812
1210	1210	except that additional ballots may be picked up for members of 813
1211	1211	the designee's immediate family. For purposes of this section, 814
1212	1212	"immediate family" means t he designee's spouse or the parent, 815
1213	1213	child, grandparent, grandchild, or sibling of the designee or of 816
1214	1214	the designee's spouse. The designee shall provide to the 817
1215	1215	supervisor the written authorization by the elector and a 818
1216	1216	picture identification of the designee a nd must complete an 819
1217	1217	affidavit. The designee shall state in the affidavit that the 820
1218	1218	designee is authorized by the elector to pick up that ballot and 821
1219	1219	shall indicate if the elector is a member of the designee's 822
1220	1220	immediate family and, if so, the relationship. Th e department 823
1221	1221	shall prescribe the form of the affidavit. If the supervisor is 824
1222	1222	satisfied that the designee is authorized to pick up the ballot 825
1223	1223
1224	1224	HB 1353 2022
1225	1225
1226	1226
1227	1227
1228	1228	CODING: Words stricken are deletions; words underlined are additions.
1229	1229	hb1353-00
1230	1230	Page 34 of 52
1231	1231	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232	1232
1233	1233
1234	1234
1235	1235	and that the signature of the elector on the written 826
1236	1236	authorization matches the signature of the elector on file, th e 827
1237	1237	supervisor shall give the ballot to that designee for delivery 828
1238	1238	to the elector. 829
1239	1239	5. Except as provided in s. 101.655, the supervisor may 830
1240	1240	not deliver a vote-by-mail ballot to an elector or an elector's 831
1241	1241	immediate family member on the day of the election un less there 832
1242	1242	is an emergency, to the extent that the elector will be unable 833
1243	1243	to go to his or her assigned polling place. If a vote -by-mail 834
1244	1244	ballot is delivered, the elector or his or her designee shall 835
1245	1245	execute an affidavit affirming to the facts which allow fo r 836
1246	1246	delivery of the vote -by-mail ballot. The department shall adopt 837
1247	1247	a rule providing for the form of the affidavit. 838
1248	1248	(8) If a deadline under this section falls on a day when 839
1249	1249	the office of the supervisor is usually closed, the deadline 840
1250	1250	shall be extended unti l the next business day. 841
1251	1251	Section 18. Paragraph (a) of subsection (1) and subsection 842
1252	1252	(2) of section 101.64, Florida Statutes, are amended to read: 843
1253	1253	101.64 Delivery of vote -by-mail ballots; envelopes; form. — 844
1254	1254	(1)(a) The supervisor shall enclose with ea ch vote-by-mail 845
1255	1255	ballot two envelopes: a secrecy envelope, into which the absent 846
1256	1256	elector shall enclose his or her marked ballot; and a postage 847
1257	1257	paid mailing envelope, into which the absent elector shall then 848
1258	1258	place the secrecy envelope, which shall be address ed to the 849
1259	1259	supervisor and also bear on the back side a certificate in 850
1260	1260
1261	1261	HB 1353 2022
1262	1262
1263	1263
1264	1264
1265	1265	CODING: Words stricken are deletions; words underlined are additions.
1266	1266	hb1353-00
1267	1267	Page 35 of 52
1268	1268	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269	1269
1270	1270
1271	1271
1272	1272	substantially the following form: 851
1273	1273	Note: Please Read Instructions Carefully Before 852
1274	1274	Marking Ballot and Completing Voter's Certificate. 853
1275	1275	VOTER'S CERTIFICATE 854
1276	1276	I, ...., do solemnly swear or aff irm that I am a qualified 855
1277	1277	and registered voter of .... County, Florida, and that I have 856
1278	1278	not and will not vote more than one ballot in this election. I 857
1279	1279	understand that if I commit or attempt to commit any fraud in 858
1280	1280	connection with voting, vote a fraudulent b allot, or vote more 859
1281	1281	than once in an election, I can be convicted of a felony of the 860
1282	1282	third degree and fined up to $5,000 and/or imprisoned for up to 861
1283	1283	5 years. I also understand that failure to sign this certificate 862
1284	1284	will invalidate my ballot. 863
1285	1285	...(Date)... 864
1286	1286	...(Voter's Signature or Last Four Digits of Social Security 865
1287	1287	Number)... 866
1288	1288	...(E-Mail Address)... ...(Home Telephone Number)... 867
1289	1289	...(Mobile Telephone Number)... 868
1290	1290	(2) The certificate shall be arranged on the back of the 869
1291	1291	mailing envelope so that the line for the signature or last four 870
1292	1292	digits of the social security number of the absent elector is 871
1293	1293	across the seal of the envelope; however, no statement shall 872
1294	1294	appear on the envelope which indicates that a signature or the 873
1295	1295	last four digits of the social security number of the voter must 874
1296	1296	cross the seal of the envelope. The absent elector shall execute 875
1297	1297
1298	1298	HB 1353 2022
1299	1299
1300	1300
1301	1301
1302	1302	CODING: Words stricken are deletions; words underlined are additions.
1303	1303	hb1353-00
1304	1304	Page 36 of 52
1305	1305	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306	1306
1307	1307
1308	1308
1309	1309	the certificate on the envelope. 876
1310	1310	Section 19. Section 101.65, Florida Statutes, is amended 877
1311	1311	to read: 878
1312	1312	101.65 Instructions to absent electors. —The supervisor 879
1313	1313	shall enclose with each vote-by-mail ballot separate printed 880
1314	1314	instructions in substantially the following form; however, where 881
1315	1315	the instructions appear in capitalized text, the text of the 882
1316	1316	printed instructions must be in bold font: 883
1317	1317	READ THESE INSTRUCTIONS CAREFULLY 884
1318	1318	BEFORE MARKING BALLOT. 885
1319	1319	1. VERY IMPORTANT. In order to ensure that your vote -by-886
1320	1320	mail ballot will be counted, it should be completed and returned 887
1321	1321	as soon as possible so that it can reach the supervisor of 888
1322	1322	elections of the county in which your precinct is locate d no 889
1323	1323	later than 7 p.m. on the day of the election. However, if you 890
1324	1324	are an overseas voter casting a ballot in a presidential 891
1325	1325	preference primary or general election, your vote -by-mail ballot 892
1326	1326	must be postmarked or dated no later than the date of the 893
1327	1327	election and received by the supervisor of elections of the 894
1328	1328	county in which you are registered to vote no later than 10 days 895
1329	1329	after the date of the election. Note that the later you return 896
1330	1330	your ballot, the less time you will have to cure any signature 897
1331	1331	deficiencies, which may cause your ballot to not be counted is 898
1332	1332	authorized until 5 p.m. on the 2nd day after the election . 899
1333	1333	2. Mark your ballot in secret as instructed on the ballot. 900
1334	1334
1335	1335	HB 1353 2022
1336	1336
1337	1337
1338	1338
1339	1339	CODING: Words stricken are deletions; words underlined are additions.
1340	1340	hb1353-00
1341	1341	Page 37 of 52
1342	1342	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343	1343
1344	1344
1345	1345
1346	1346	You must mark your own ballot unless you are unable to do so 901
1347	1347	because of blindness, disability, or inability to read or write. 902
1348	1348	3. Mark only the number of candidates or issue choices for 903
1349	1349	a race as indicated on the ballot. If you are allowed to "Vote 904
1350	1350	for One" candidate and you vote for more than one candidate, 905
1351	1351	your vote in that race will not be counted. 906
1352	1352	4. Place your marked ballot in the enclosed secrecy 907
1353	1353	envelope. 908
1354	1354	5. Insert the secrecy envelope into the enclosed mailing 909
1355	1355	envelope which is addressed to the supervisor. 910
1356	1356	6. Seal the mailing envelope and completely fill out the 911
1357	1357	Voter's Certificate on the back of the mailing envelope. 912
1358	1358	7. VERY IMPORTANT. In order for your vote -by-mail ballot 913
1359	1359	to be counted, you must sign your name or print the last four 914
1360	1360	digits of your social security number on the line above (Voter's 915
1361	1361	Signature or Last Four Digits of Social Security Number ). A 916
1362	1362	vote-by-mail ballot will be considered illegal and not be 917
1363	1363	counted if the signature or the last four digits of the social 918
1364	1364	security number on the voter's certificate does not match the 919
1365	1365	signature or social security number on record. The signature on 920
1366	1366	file at the time the supervisor of elections in the county in 921
1367	1367	which your precinct is located receives your vote -by-mail ballot 922
1368	1368	is the signature that will be used to verify your signature on 923
1369	1369	the voter's certificate. If you need to update your signature 924
1370	1370	for this election, send your signature update on a voter 925
1371	1371
1372	1372	HB 1353 2022
1373	1373
1374	1374
1375	1375
1376	1376	CODING: Words stricken are deletions; words underlined are additions.
1377	1377	hb1353-00
1378	1378	Page 38 of 52
1379	1379	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1380	1380
1381	1381
1382	1382
1383	1383	registration application to your supervisor of elections so that 926
1384	1384	it is received before your vote -by-mail ballot is received . 927
1385	1385	8. VERY IMPORTANT. If you are an overseas voter, you must 928
1386	1386	include the date you signed the Voter's Certificate or printed 929
1387	1387	the last four digits of your social security number on the line 930
1388	1388	above (Date) or your ballot may not be counted. 931
1389	1389	9. Mail, deliver, or have delivered the completed mailing 932
1390	1390	envelope. Be sure there is sufficient postage if mailed. THE 933
1391	1391	COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE 934
1392	1392	SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS 935
1393	1393	LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX, 936
1394	1394	AVAILABLE AT EACH EAR LY VOTING LOCATION. 937
1395	1395	10. FELONY NOTICE. It is a felony under Florida law to 938
1396	1396	accept any gift, payment, or gratuity in exchange for your vote 939
1397	1397	for a candidate. It is also a felony under Florida law to vote 940
1398	1398	in an election using a false identity or false addre ss, or under 941
1399	1399	any other circumstances making your ballot false or fraudulent. 942
1400	1400	Section 20. Subsection (1), paragraph (c) of subsection 943
1401	1401	(2), and paragraphs (a), (b), (c), and (d) of subsection (4) of 944
1402	1402	section 101.68, Florida Statutes, are amended to read: 945
1403	1403	101.68 Canvassing of vote -by-mail ballot.— 946
1404	1404	(1) The supervisor of the county where the absent elector 947
1405	1405	resides shall receive the voted ballot, at which time the 948
1406	1406	supervisor shall compare the signature or partial social 949
1407	1407	security number of the elector on th e voter's certificate with 950
1408	1408
1409	1409	HB 1353 2022
1410	1410
1411	1411
1412	1412
1413	1413	CODING: Words stricken are deletions; words underlined are additions.
1414	1414	hb1353-00
1415	1415	Page 39 of 52
1416	1416	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1417	1417
1418	1418
1419	1419
1420	1420	the signature or partial social security number of the elector 951
1421	1421	in the registration books or the precinct register to determine 952
1422	1422	whether the elector is duly registered in the county and must 953
1423	1423	record on the elector's registration rec ord that the elector has 954
1424	1424	voted. During the signature comparison process, the supervisor 955
1425	1425	may not use any knowledge of the political affiliation of the 956
1426	1426	voter whose signature is subject to verification. An elector who 957
1427	1427	dies after casting a vote -by-mail ballot but on or before 958
1428	1428	election day shall remain listed in the registration books until 959
1429	1429	the results have been certified for the election in which the 960
1430	1430	ballot was cast. The supervisor shall safely keep the ballot 961
1431	1431	unopened in his or her office until the county canv assing board 962
1432	1432	canvasses the vote. Except as provided in subsection (4), after 963
1433	1433	a vote-by-mail ballot is received by the supervisor, the ballot 964
1434	1434	is deemed to have been cast, and changes or additions may not be 965
1435	1435	made to the voter's certificate. 966
1436	1436	(2) 967
1437	1437	(c)1. The canvassing board must, if the supervisor has not 968
1438	1438	already done so, compare the signature or partial social 969
1439	1439	security number of the elector on the voter's certificate or on 970
1440	1440	the vote-by-mail ballot cure affidavit as provided in subsection 971
1441	1441	(4) with the signatur e or partial social security number of the 972
1442	1442	elector in the registration books or the precinct register to 973
1443	1443	see that the elector is duly registered in the county and to 974
1444	1444	determine the legality of that vote -by-mail ballot. A vote-by-975
1445	1445
1446	1446	HB 1353 2022
1447	1447
1448	1448
1449	1449
1450	1450	CODING: Words stricken are deletions; words underlined are additions.
1451	1451	hb1353-00
1452	1452	Page 40 of 52
1453	1453	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1454	1454
1455	1455
1456	1456
1457	1457	mail ballot may only be coun ted if: 976
1458	1458	a. The signature or partial social security number on the 977
1459	1459	voter's certificate or the cure affidavit matches the elector's 978
1460	1460	signature or partial social security number in the registration 979
1461	1461	books or precinct register; however, in the case of a cure 980
1462	1462	affidavit, the supporting identification listed in subsection 981
1463	1463	(4) must also confirm the identity of the elector; or 982
1464	1464	b. The cure affidavit contains a signature or partial 983
1465	1465	social security number that does not match the elector's 984
1466	1466	signature or partial social security number in the registration 985
1467	1467	books or precinct register, but the elector has submitted a 986
1468	1468	current and valid Tier 1 identification pursuant to subsection 987
1469	1469	(4) which confirms the identity of the elector. 988
1470	1470	989
1471	1471	For purposes of this subparagraph, any canvassin g board finding 990
1472	1472	that an elector's signatures or partial social security numbers 991
1473	1473	do not match must be by majority vote and beyond a reasonable 992
1474	1474	doubt. 993
1475	1475	2. The ballot of an elector who casts a vote -by-mail 994
1476	1476	ballot shall be counted even if the elector dies on or before 995
1477	1477	election day, as long as, before the death of the voter, the 996
1478	1478	ballot was postmarked by the United States Postal Service, date -997
1479	1479	stamped with a verifiable tracking number by a common carrier, 998
1480	1480	or already in the possession of the supervisor. 999
1481	1481	3. A vote-by-mail ballot is not considered illegal if the 1000
1482	1482
1483	1483	HB 1353 2022
1484	1484
1485	1485
1486	1486
1487	1487	CODING: Words stricken are deletions; words underlined are additions.
1488	1488	hb1353-00
1489	1489	Page 41 of 52
1490	1490	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1491	1491
1492	1492
1493	1493
1494	1494	signature or partial social security number of the elector does 1001
1495	1495	not cross the seal of the mailing envelope. 1002
1496	1496	4. If any elector or candidate present believes that a 1003
1497	1497	vote-by-mail ballot is illegal due to a d efect apparent on the 1004
1498	1498	voter's certificate or the cure affidavit, he or she may, at any 1005
1499	1499	time before the ballot is removed from the envelope, file with 1006
1500	1500	the canvassing board a protest against the canvass of that 1007
1501	1501	ballot, specifying the precinct, the voter's ce rtificate or the 1008
1502	1502	cure affidavit, and the reason he or she believes the ballot to 1009
1503	1503	be illegal. A challenge based upon a defect in the voter's 1010
1504	1504	certificate or cure affidavit may not be accepted after the 1011
1505	1505	ballot has been removed from the mailing envelope. 1012
1506	1506	4.5. If the canvassing board determines that a ballot is 1013
1507	1507	illegal, a member of the board must, without opening the 1014
1508	1508	envelope, mark across the face of the envelope: "rejected as 1015
1509	1509	illegal." The cure affidavit, if applicable, the envelope, and 1016
1510	1510	the ballot therein sh all be preserved in the manner that 1017
1511	1511	official ballots are preserved. 1018
1512	1512	(4)(a) As soon as practicable, the supervisor shall, on 1019
1513	1513	behalf of the county canvassing board, attempt to notify an 1020
1514	1514	elector who has returned a vote -by-mail ballot that does not 1021
1515	1515	include the elector's signature or partial social security 1022
1516	1516	number or contains a signature or partial social security number 1023
1517	1517	that does not match the elector's signature or partial social 1024
1518	1518	security number in the registration books or precinct register 1025
1519	1519
1520	1520	HB 1353 2022
1521	1521
1522	1522
1523	1523
1524	1524	CODING: Words stricken are deletions; words underlined are additions.
1525	1525	hb1353-00
1526	1526	Page 42 of 52
1527	1527	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1528	1528
1529	1529
1530	1530
1531	1531	by: 1026
1532	1532	1. Notifying the elector of the signature or partial 1027
1533	1533	social security number deficiency by e-mail and directing the 1028
1534	1534	elector to the cure affidavit and instructions on the 1029
1535	1535	supervisor's website; 1030
1536	1536	2. Notifying the elector of the signature or partial 1031
1537	1537	social security numb er deficiency by text message and directing 1032
1538	1538	the elector to the cure affidavit and instructions on the 1033
1539	1539	supervisor's website; or 1034
1540	1540	3. Notifying the elector of the signature or partial 1035
1541	1541	social security number deficiency by telephone and directing the 1036
1542	1542	elector to the cure affidavit and instructions on the 1037
1543	1543	supervisor's website. 1038
1544	1544	1039
1545	1545	In addition to the notification required under subparagraph 1., 1040
1546	1546	subparagraph 2., or subparagraph 3., the supervisor must notify 1041
1547	1547	the elector of the signature or partial social security numb er 1042
1548	1548	deficiency by first-class mail and direct the elector to the 1043
1549	1549	cure affidavit and instructions on the supervisor's website. 1044
1550	1550	Beginning the day before the election, the supervisor is not 1045
1551	1551	required to provide notice of the signature deficiency by first -1046
1552	1552	class mail, but shall continue to provide notice as required 1047
1553	1553	under subparagraph 1., subparagraph 2., or subparagraph 3. 1048
1554	1554	(b) The supervisor shall allow such an elector to complete 1049
1555	1555	and submit an affidavit in order to cure the vote -by-mail ballot 1050
1556	1556
1557	1557	HB 1353 2022
1558	1558
1559	1559
1560	1560
1561	1561	CODING: Words stricken are deletions; words underlined are additions.
1562	1562	hb1353-00
1563	1563	Page 43 of 52
1564	1564	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1565	1565
1566	1566
1567	1567
1568	1568	until 5 p.m. on the 2nd day after the election. 1051
1569	1569	(c) The elector must complete a cure affidavit in 1052
1570	1570	substantially the following form: 1053
1571	1571	VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 1054
1572	1572	I, ...., am a qualified voter in this election and 1055
1573	1573	registered voter of .... County, Florida. I do solemnly swear or 1056
1574	1574	affirm that I requested and returned the vote -by-mail ballot and 1057
1575	1575	that I have not and will not vote more than one ballot in this 1058
1576	1576	election. I understand that if I commit or attempt any fraud in 1059
1577	1577	connection with voting, vote a fraudulent ball ot, or vote more 1060
1578	1578	than once in an election, I may be convicted of a felony of the 1061
1579	1579	third degree and fined up to $5,000 and imprisoned for up to 5 1062
1580	1580	years. I understand that my failure to sign this affidavit means 1063
1581	1581	that my vote-by-mail ballot will be invalidated . 1064
1582	1582	...(Voter's Signature or Last Four Digits of Social Security 1065
1583	1583	Number)... 1066
1584	1584	...(Address)... 1067
1585	1585	(d) Instructions must accompany the cure affidavit in 1068
1586	1586	substantially the following form: 1069
1587	1587	READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 1070
1588	1588	AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 1071
1589	1589	BALLOT NOT TO COUNT. 1072
1590	1590	1. In order to ensure that your vote -by-mail ballot will 1073
1591	1591	be counted, your affidavit should be completed and returned as 1074
1592	1592	soon as possible so that it can reach the supervisor of 1075
1593	1593
1594	1594	HB 1353 2022
1595	1595
1596	1596
1597	1597
1598	1598	CODING: Words stricken are deletions; words underlined are additions.
1599	1599	hb1353-00
1600	1600	Page 44 of 52
1601	1601	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1602	1602
1603	1603
1604	1604
1605	1605	elections of the county in which your precinct is located no 1076
1606	1606	later than 5 p.m. on the 2nd day after the election. 1077
1607	1607	2. You must sign your name or print the last four digits 1078
1608	1608	of your social security number on the line above (Voter's 1079
1609	1609	Signature or Last Four Digits of Socia l Security Number). 1080
1610	1610	3. You must make a copy of one of the following forms of 1081
1611	1611	identification: 1082
1612	1612	a. Tier 1 identification. —Current and valid identification 1083
1613	1613	that includes your name and photograph: Florida driver license; 1084
1614	1614	Florida identification card issued b y the Department of Highway 1085
1615	1615	Safety and Motor Vehicles; United States passport; debit or 1086
1616	1616	credit card; military identification; student identification; 1087
1617	1617	retirement center identification; neighborhood association 1088
1618	1618	identification; public assistance identificatio n; veteran health 1089
1619	1619	identification card issued by the United States Department of 1090
1620	1620	Veterans Affairs; a Florida license to carry a concealed weapon 1091
1621	1621	or firearm; or an employee identification card issued by any 1092
1622	1622	branch, department, agency, or entity of the Federa l Government, 1093
1623	1623	the state, a county, or a municipality; or 1094
1624	1624	b. Tier 2 identification. —ONLY IF YOU DO NOT HAVE A TIER 1 1095
1625	1625	FORM OF IDENTIFICATION, identification that shows your name and 1096
1626	1626	current residence address: current utility bill, bank statement, 1097
1627	1627	government check, paycheck, or government document (excluding 1098
1628	1628	voter information card). 1099
1629	1629	4. Place the envelope bearing the affidavit into a mailing 1100
1630	1630
1631	1631	HB 1353 2022
1632	1632
1633	1633
1634	1634
1635	1635	CODING: Words stricken are deletions; words underlined are additions.
1636	1636	hb1353-00
1637	1637	Page 45 of 52
1638	1638	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1639	1639
1640	1640
1641	1641
1642	1642	envelope addressed to the supervisor. Insert a copy of your 1101
1643	1643	identification in the mailing envelope. Mail (if time per mits), 1102
1644	1644	deliver, or have delivered the completed affidavit along with 1103
1645	1645	the copy of your identification to your county supervisor of 1104
1646	1646	elections. Be sure there is sufficient postage if mailed and 1105
1647	1647	that the supervisor's address is correct. Remember, your 1106
1648	1648	information MUST reach your county supervisor of elections no 1107
1649	1649	later than 5 p.m. on the 2nd day after the election, or your 1108
1650	1650	ballot will not count. 1109
1651	1651	5. Alternatively, you may fax or e -mail your completed 1110
1652	1652	affidavit and a copy of your identification to the supervisor of 1111
1653	1653	elections. If e-mailing, please provide these documents as 1112
1654	1654	attachments. 1113
1655	1655	Section 21. Section 101.6952, Florida Statutes, is amended 1114
1656	1656	to read: 1115
1657	1657	101.6952 Vote-by-mail ballots for absent uniformed 1116
1658	1658	services and overseas voters.— 1117
1659	1659	(1) If an absent uniformed services voter's or an overseas 1118
1660	1660	voter's request for an official vote -by-mail ballot pursuant to 1119
1661	1661	s. 101.62 includes an e -mail address, the supervisor of 1120
1662	1662	elections shall: 1121
1663	1663	(a) Record the voter's e -mail address in the vote -by-mail 1122
1664	1664	ballot record; 1123
1665	1665	(b) Confirm by e-mail that the vote-by-mail ballot request 1124
1666	1666	was received and include in that e -mail the estimated date the 1125
1667	1667
1668	1668	HB 1353 2022
1669	1669
1670	1670
1671	1671
1672	1672	CODING: Words stricken are deletions; words underlined are additions.
1673	1673	hb1353-00
1674	1674	Page 46 of 52
1675	1675	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1676	1676
1677	1677
1678	1678
1679	1679	vote-by-mail ballot will be sent to the voter; and 1126
1680	1680	(c) Notify the voter by e -mail when the voted vote -by-mail 1127
1681	1681	ballot is received by the s upervisor of elections. 1128
1682	1682	(2)(a) An absent uniformed services voter or an overseas 1129
1683	1683	voter who makes timely application for but does not receive an 1130
1684	1684	official vote-by-mail ballot may use the federal write -in 1131
1685	1685	absentee ballot to vote in any federal, state, or lo cal 1132
1686	1686	election. 1133
1687	1687	(b)1. In an election for federal office, an elector may 1134
1688	1688	designate a candidate by writing the name of a candidate on the 1135
1689	1689	ballot. Except for a primary or special primary election, the 1136
1690	1690	elector may alternatively designate a candidate by writing the 1137
1691	1691	name of a political party on the ballot. A written designation 1138
1692	1692	of the political party shall be counted as a vote for the 1139
1693	1693	candidate of that party if there is such a party candidate in 1140
1694	1694	the race. 1141
1695	1695	2. In a state or local election, an elector may vote in 1142
1696	1696	the section of the federal write -in absentee ballot designated 1143
1697	1697	for nonfederal races by writing on the ballot the title of each 1144
1698	1698	office and by writing on the ballot the name of the candidate 1145
1699	1699	for whom the elector is voting. Except for a primary, special 1146
1700	1700	primary, or nonpartisan election, the elector may alternatively 1147
1701	1701	designate a candidate by writing the name of a political party 1148
1702	1702	on the ballot. A written designation of the political party 1149
1703	1703	shall be counted as a vote for the candidate of that party if 1150
1704	1704
1705	1705	HB 1353 2022
1706	1706
1707	1707
1708	1708
1709	1709	CODING: Words stricken are deletions; words underlined are additions.
1710	1710	hb1353-00
1711	1711	Page 47 of 52
1712	1712	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1713	1713
1714	1714
1715	1715
1716	1716	there is such a party candidate in the race. In addition, the 1151
1717	1717	elector may vote on any ballot measure presented in such 1152
1718	1718	election by identifying the ballot measure on which he or she 1153
1719	1719	desires to vote and specifying his or her vote on the measure. 1154
1720	1720	For purposes of this sec tion, a vote cast in a judicial merit 1155
1721	1721	retention election shall be treated in the same manner as a 1156
1722	1722	ballot measure in which the only allowable responses are "Yes" 1157
1723	1723	or "No." 1158
1724	1724	(c) In the case of a joint candidacy, such as for the 1159
1725	1725	offices of President/Vice Pres ident or Governor/Lieutenant 1160
1726	1726	Governor, a valid vote for one or both qualified candidates on 1161
1727	1727	the same ticket shall constitute a vote for the joint candidacy. 1162
1728	1728	(d) For purposes of this subsection and except when the 1163
1729	1729	context clearly indicates otherwise, such as when a candidate in 1164
1730	1730	the election is affiliated with a political party whose name 1165
1731	1731	includes the word "Independent," "Independence," or a similar 1166
1732	1732	term, a voter designation of "No Party Affiliation" or 1167
1733	1733	"Independent," or any minor variation, misspelling, or 1168
1734	1734	abbreviation thereof, shall be considered a designation for the 1169
1735	1735	candidate, other than a write -in candidate, who qualified to run 1170
1736	1736	in the race with no party affiliation. If more than one 1171
1737	1737	candidate qualifies to run as a candidate with no party 1172
1738	1738	affiliation, the designation may not count for any candidate 1173
1739	1739	unless there is a valid, additional designation of the 1174
1740	1740	candidate's name. 1175
1741	1741
1742	1742	HB 1353 2022
1743	1743
1744	1744
1745	1745
1746	1746	CODING: Words stricken are deletions; words underlined are additions.
1747	1747	hb1353-00
1748	1748	Page 48 of 52
1749	1749	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1750	1750
1751	1751
1752	1752
1753	1753	(e) Any abbreviation, misspelling, or other minor 1176
1754	1754	variation in the form of the name of an office, the name of a 1177
1755	1755	candidate, the ballot measure, or the name of a political party 1178
1756	1756	must be disregarded in determining the validity of the ballot. 1179
1757	1757	(3)(a) An absent uniformed services voter or an overseas 1180
1758	1758	voter who submits a federal write -in absentee ballot and later 1181
1759	1759	receives an official vote -by-mail ballot may submit the official 1182
1760	1760	vote-by-mail ballot. An elector who submits a federal write -in 1183
1761	1761	absentee ballot and later receives and submits an official vote -1184
1762	1762	by-mail ballot should make every reasonable effort to inform the 1185
1763	1763	appropriate supervisor of el ections that the elector has 1186
1764	1764	submitted more than one ballot. 1187
1765	1765	(b) A federal write-in absentee ballot may not be 1188
1766	1766	canvassed until 7 p.m. on the day of the election. A federal 1189
1767	1767	write-in absentee ballot from an absent overseas voter in a 1190
1768	1768	presidential preferenc e primary or general election may not be 1191
1769	1769	canvassed until the conclusion of the 10 -day period specified in 1192
1770	1770	subsection (5). Each federal write -in absentee ballot received 1193
1771	1771	by 7 p.m. on the day of the election shall be canvassed pursuant 1194
1772	1772	to ss. 101.5614(4) and 101.68, unless the elector's official 1195
1773	1773	vote-by-mail ballot is received by 7 p.m. on election day. Each 1196
1774	1774	federal write-in absentee ballot from an absent overseas voter 1197
1775	1775	in a presidential preference primary or general election 1198
1776	1776	received by 10 days after the dat e of the election shall be 1199
1777	1777	canvassed pursuant to ss. 101.5614(4) and 101.68, unless the 1200
1778	1778
1779	1779	HB 1353 2022
1780	1780
1781	1781
1782	1782
1783	1783	CODING: Words stricken are deletions; words underlined are additions.
1784	1784	hb1353-00
1785	1785	Page 49 of 52
1786	1786	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1787	1787
1788	1788
1789	1789
1790	1790	absent overseas voter's official vote -by-mail ballot is received 1201
1791	1791	by 10 days after the date of the election. If the elector's 1202
1792	1792	official vote-by-mail ballot is received by 7 p.m. on election 1203
1793	1793	day, or, for an overseas voter in a presidential preference 1204
1794	1794	primary or general election, no later than 10 days after the 1205
1795	1795	date of the election, the federal write -in absentee ballot is 1206
1796	1796	invalid and the official vote -by-mail ballot shall be canvassed. 1207
1797	1797	The time shall be regulated by the customary time in standard 1208
1798	1798	use in the county seat of the locality. 1209
1799	1799	(4) For vote-by-mail ballots received from absent 1210
1800	1800	uniformed services voters or overseas voters, there is a 1211
1801	1801	presumption that the envelope was mailed on the date stated on 1212
1802	1802	the outside of the return envelope, regardless of the absence of 1213
1803	1803	a postmark on the mailed envelope or the existence of a postmark 1214
1804	1804	date that is later than the date of the ele ction. 1215
1805	1805	(5) A vote-by-mail ballot from an absent overseas voter in 1216
1806	1806	any presidential preference primary or general election which is 1217
1807	1807	postmarked or dated no later than the date of the election and 1218
1808	1808	is received by the supervisor of elections of the county in 1219
1809	1809	which the overseas voter is registered no later than 10 da ys 1220
1810	1810	after the date of the election shall be counted as long as the 1221
1811	1811	vote-by-mail ballot is otherwise proper. 1222
1812	1812	Section 22. Subsection (6) is added to section 101.71, 1223
1813	1813	Florida Statutes, to read: 1224
1814	1814	101.71 Polling place. — 1225
1815	1815
1816	1816	HB 1353 2022
1817	1817
1818	1818
1819	1819
1820	1820	CODING: Words stricken are deletions; words underlined are additions.
1821	1821	hb1353-00
1822	1822	Page 50 of 52
1823	1823	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1824	1824
1825	1825
1826	1826
1827	1827	(6) A polling place may not be locat ed within a gated 1226
1828	1828	community unless the legal residence of every elector in the 1227
1829	1829	precinct is within such gated community. 1228
1830	1830	Section 24. Paragraph (f) is added to subsection (4) of 1229
1831	1831	section 102.031, Florida Statutes, and subsection (6) is added 1230
1832	1832	to that section to read: 1231
1833	1833	102.031 Maintenance of good order at polls; authorities; 1232
1834	1834	persons allowed in polling rooms and early voting areas; 1233
1835	1835	unlawful solicitation of voters. — 1234
1836	1836	(4) 1235
1837	1837	(f) A person may provide food, water, and other items to 1236
1838	1838	voters standing in line to vote o utside of the no-solicitation 1237
1839	1839	zone. 1238
1840	1840	(6) Bullhorns or other devices used to amplify sound are 1239
1841	1841	prohibited in close proximity to: 1240
1842	1842	(a) A polling place during voting hours. 1241
1843	1843	(b) An office of the supervisor during a recount. 1242
1844	1844	Section 23. Subsection (2) o f section 102.111, Florida 1243
1845	1845	Statutes, is amended to read: 1244
1846	1846	102.111 Elections Canvassing Commission. — 1245
1847	1847	(2) The Elections Canvassing Commission shall meet at 9 1246
1848	1848	a.m. on the 9th day after a primary election to certify the 1247
1849	1849	returns for each federal, state, and multicounty office. The 1248
1850	1850	commission shall meet and at 9 a.m. on the 14th day after a 1249
1851	1851	general election to certify the returns of the election for each 1250
1852	1852
1853	1853	HB 1353 2022
1854	1854
1855	1855
1856	1856
1857	1857	CODING: Words stricken are deletions; words underlined are additions.
1858	1858	hb1353-00
1859	1859	Page 51 of 52
1860	1860	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1861	1861
1862	1862
1863	1863
1864	1864	federal, state, and multicounty office. The commission shall 1251
1865	1865	meet at 9 a.m. on the 21st day after a general election to 1252
1866	1866	certify the returns for each federal and state office. If a 1253
1867	1867	member of a county canvassing board that was constituted 1254
1868	1868	pursuant to s. 102.141 determines, within 5 days after the 1255
1869	1869	certification by the Elections Canvassing Commission, that a 1256
1870	1870	typographical error occurred in the official returns of the 1257
1871	1871	county, the correction of which could result in a change in the 1258
1872	1872	outcome of an election, the county canvassing board must certify 1259
1873	1873	corrected returns to the Department of State within 24 hours, 1260
1874	1874	and the Elections Canvassing Commission must correct and 1261
1875	1875	recertify the election returns as soon as practicable. 1262
1876	1876	Section 24. Subsection (2) of section 102.112, Florida 1263
1877	1877	Statutes, is amended to read: 1264
1878	1878	102.112 Deadline for submission of county returns to the 1265
1879	1879	Department of State.— 1266
1880	1880	(2) Returns must be filed by 5 p.m. on the 7th day 1267
1881	1881	following a primary election , and by noon on the 12th day 1268
1882	1882	following the general election for multicounty offices, and by 1269
1883	1883	noon on the 19th day following the general election for federal 1270
1884	1884	and statewide offices. However, the Department of State may 1271
1885	1885	correct typographical errors, including the transposition of 1272
1886	1886	numbers, in any returns submitted to the Department of State 1273
1887	1887	pursuant to s. 102.111(2). 1274
1888	1888	Section 25. Section 102.181, Florida Statutes, is created 1275
1889	1889
1890	1890	HB 1353 2022
1891	1891
1892	1892
1893	1893
1894	1894	CODING: Words stricken are deletions; words underlined are additions.
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1896	1896	Page 52 of 52
1897	1897	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1898	1898
1899	1899
1900	1900
1901	1901	to read: 1276
1902	1902	102.181 Action against supervisor of elections. — 1277
1903	1903	(1) Any elector qualified to vote in or any candidate for 1278
1904	1904	office in an election may file an action against the supervisor 1279
1905	1905	of elections administering such election for noncompliance w ith 1280
1906	1906	any provision of this code. 1281
1907	1907	(2) Any elector or candidate who files such an action is 1282
1908	1908	entitled to an immediate hearing. 1283
1909	1909	(3) In any such action, any filing fees or costs shall be 1284
1910	1910	waived and attorney fees shall be awarded to the prevailing 1285
1911	1911	party or parties. 1286
1912	1912	Section 26. This act shall take effect July 1, 2022. 1287