15 | | - | An act relating to elections; amending s. 15.21, F.S.; 2 |
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16 | | - | requiring the Secretary of State to notify the 3 |
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17 | | - | Attorney General if signatures required for an 4 |
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18 | | - | initiative petition are no longer valid; authorizing 5 |
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19 | | - | the Secretary of State to resubmit the initiative 6 |
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20 | | - | petition to the Attorney General if certain conditions 7 |
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21 | | - | are met; amending s. 16.061, F.S.; requiring the 8 |
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22 | | - | Attorney General to withdraw his or her petition for 9 |
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23 | | - | an advisory opinion by the Supreme Court if notified 10 |
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24 | | - | by the Secretary of State that the initiative peti tion 11 |
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25 | | - | no longer meets the criteria for review; requiring the 12 |
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26 | | - | Attorney General to file a new petition for an 13 |
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27 | | - | advisory opinion if the initiative petition 14 |
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28 | | - | subsequently qualifies for review; creating s. 97.022, 15 |
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29 | | - | F.S.; creating the Office of Election Crimes and 16 |
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30 | | - | Security within the Department of State; specifying 17 |
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31 | | - | the duties and structure of the office; providing for 18 |
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32 | | - | construction; requiring the department to annually 19 |
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33 | | - | report to the Governor and Legislature regarding the 20 |
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34 | | - | office's activities; specifying requirements fo r such 21 |
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35 | | - | report; amending s. 97.0291, F.S.; clarifying 22 |
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36 | | - | provisions governing the prohibition on the 23 |
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37 | | - | solicitation, acceptance, use, and disposal of 24 |
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38 | | - | donations for funding certain election -related 25 |
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| 15 | + | An act relating to elections; creating s. 97.022, 2 |
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| 16 | + | F.S.; creating the Office of Election Crimes and 3 |
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| 17 | + | Security within the Department of State; providing the 4 |
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| 18 | + | purpose of the office; specifying duties and structure 5 |
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| 19 | + | of the office; requiring the department to subm it an 6 |
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| 20 | + | annual report to the Governor and Legislature; 7 |
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| 21 | + | providing requirements for the report; amending s. 8 |
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| 22 | + | 97.0291, F.S.; revising a prohibition on the 9 |
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| 23 | + | solicitation, acceptance, use, and disposal of certain 10 |
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| 24 | + | donations for certain election -related expenses; 11 |
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| 25 | + | amending s. 97.057, F.S.; conforming a cross -12 |
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| 26 | + | reference; amending s. 97.0575, F.S.; increasing the 13 |
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| 27 | + | amount of aggregate fine which may be assessed against 14 |
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| 28 | + | a third-party voter registration organization in a 15 |
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| 29 | + | calendar year; amending s. 98.065, F.S.; requiring a 16 |
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| 30 | + | supervisor of elections to incorporate certain 17 |
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| 31 | + | procedures in his or her registration list maintenance 18 |
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| 32 | + | program; requiring a supervisor to conduct a 19 |
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| 33 | + | registration list maintenance program annually; 20 |
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| 34 | + | revising procedures for the registration list 21 |
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| 35 | + | maintenance program; amending s. 98.0655, F.S.; 22 |
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| 36 | + | requiring the department to prescribe certain 23 |
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| 37 | + | registration list maintenance forms; amending s. 24 |
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| 38 | + | 98.075, F.S.; requiring the department to identify 25 |
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51 | | - | expenses; amending s. 97.057, F.S.; conforming a 26 |
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52 | | - | cross-reference; amending s. 97.0575, F.S.; revising a 27 |
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53 | | - | limitation on the amount of aggregate fines which may 28 |
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54 | | - | be assessed against a third -party voter registration 29 |
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55 | | - | organization in a calendar year; specifying that a 30 |
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56 | | - | third-party voter registration organization is liable 31 |
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57 | | - | for a certain fine if a person collecting voter 32 |
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58 | | - | registration applications on its behalf is convicted 33 |
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59 | | - | of unlawfully altering any application; amending s. 34 |
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60 | | - | 98.065, F.S.; revising the frequency with which 35 |
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61 | | - | supervisors of elections must conduct a registration 36 |
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62 | | - | list maintenance program; modifying required 37 |
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63 | | - | components of registration list maintenance programs; 38 |
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64 | | - | amending s. 98.0655, F.S.; revising requirements for 39 |
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65 | | - | certain registration list maintenance forms to be 40 |
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66 | | - | prescribed by the Department of State; amending s. 41 |
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67 | | - | 98.075, F.S.; authorizing the Department of State to 42 |
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68 | | - | identify deceased registered voters using information 43 |
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69 | | - | received from the Department of Highway Safety and 44 |
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70 | | - | Motor Vehicles; amending s. 98.093, F.S.; requiring 45 |
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71 | | - | clerks of the circuit court and the Department of 46 |
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72 | | - | Highway Safety and Motor Vehicles to furnish 47 |
---|
73 | | - | additional information to the Department of State on a 48 |
---|
74 | | - | monthly basis; amending s. 100.041, F.S.; providing an 49 |
---|
75 | | - | exception to certain county commissioner election 50 |
---|
| 51 | + | deceased registered voters using information received 26 |
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| 52 | + | from the Department of Hi ghway Safety and Motor 27 |
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| 53 | + | Vehicles; amending s. 98.093, F.S.; requiring clerks 28 |
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| 54 | + | of the circuit court and the Department of Highway 29 |
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| 55 | + | Safety and Motor Vehicles to monthly furnish certain 30 |
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| 56 | + | information to the Department of State; amending s. 31 |
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| 57 | + | 100.041, F.S.; providing an exception to certain 32 |
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| 58 | + | county commissioner election requirements for certain 33 |
---|
| 59 | + | districts; amending s. 100.371, F.S.; requiring a 34 |
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| 60 | + | supervisor to separate and provide a method of viewing 35 |
---|
| 61 | + | and copying certain retained signature forms; 36 |
---|
| 62 | + | requiring a supervisor to post certain information on 37 |
---|
| 63 | + | his or her website; creating s. 101.019, F.S.; 38 |
---|
| 64 | + | prohibiting the use of ranked -choice voting to 39 |
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| 65 | + | determine election or nomination of any candidate to 40 |
---|
| 66 | + | elective office; providing that certain existing or 41 |
---|
| 67 | + | future ordinances are void; a mending s. 101.5614, 42 |
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| 68 | + | F.S.; requiring certain individuals to sign a certain 43 |
---|
| 69 | + | affidavit; prohibiting certain individuals from 44 |
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| 70 | + | releasing certain information about an election before 45 |
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| 71 | + | the closing of the polls; providing criminal 46 |
---|
| 72 | + | penalties; amending ss. 101.6103 and 101.6104, F.S.; 47 |
---|
| 73 | + | revising certain provisions governing the Mail Ballot 48 |
---|
| 74 | + | Election Act to conform to changes made by the act; 49 |
---|
| 75 | + | amending s. 101.64, F.S.; requiring the voter's 50 |
---|
88 | | - | requirements for certain districts; amending s. 51 |
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89 | | - | 100.371, F.S.; revising duties of the supervisor with 52 |
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90 | | - | respect to the processing and retention of initiative 53 |
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91 | | - | petition forms; requiring the supervisor to post 54 |
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92 | | - | additional information regarding petition forms on his 55 |
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93 | | - | or her website; requiring the Secretary of State to 56 |
---|
94 | | - | notify the Financial Impact Estimating Conference if 57 |
---|
95 | | - | the signatures for an initiative petition are no 58 |
---|
96 | | - | longer valid; specifying conditions under which the 59 |
---|
97 | | - | Financial Impact Estimating Conference does not need 60 |
---|
98 | | - | to complete an analysis and financial impact state ment 61 |
---|
99 | | - | for an initiative petition; creating s. 101.019, F.S.; 62 |
---|
100 | | - | prohibiting the use of ranked -choice voting to 63 |
---|
101 | | - | determine election or nomination to elective office; 64 |
---|
102 | | - | voiding existing or future local ordinances 65 |
---|
103 | | - | authorizing the use of ranked -choice voting; amendin g 66 |
---|
104 | | - | s. 101.043, F.S.; deleting provisions that prohibit 67 |
---|
105 | | - | using an address appearing on identification presented 68 |
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106 | | - | by an elector as a basis to confirm an elector's legal 69 |
---|
107 | | - | residence and asking an elector for certain 70 |
---|
108 | | - | information in certain circumstances; amending s . 71 |
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109 | | - | 101.5614, F.S.; requiring specified individuals 72 |
---|
110 | | - | observing the ballot duplication process to sign a 73 |
---|
111 | | - | specified affidavit acknowledging certain criminal 74 |
---|
112 | | - | penalties; prohibiting persons authorized to observe, 75 |
---|
| 88 | + | certificate for vote -by-mail ballots be printed on a 51 |
---|
| 89 | + | separate certificate envelope , instead of the return 52 |
---|
| 90 | + | mailing envelope; requiring the voter's certificate 53 |
---|
| 91 | + | for a vote-by-mail ballot to include space for the 54 |
---|
| 92 | + | last four digits of the absent elector's driver 55 |
---|
| 93 | + | license number, Florida identification card number, or 56 |
---|
| 94 | + | social security number; am ending s. 101.65, F.S.; 57 |
---|
| 95 | + | revising instructions that must be provided to absent 58 |
---|
| 96 | + | electors to conform to changes made by the act; 59 |
---|
| 97 | + | amending s. 101.68, F.S.; requiring a supervisor to 60 |
---|
| 98 | + | verify an absent elector's partial identification 61 |
---|
| 99 | + | number listed on the voter's certificate upon receipt 62 |
---|
| 100 | + | of a vote-by-mail ballot; requiring a canvassing board 63 |
---|
| 101 | + | to make certain determinations; providing that a vote -64 |
---|
| 102 | + | by-mail ballot may only be counted if certain criteria 65 |
---|
| 103 | + | are met; requiring a supervisor to provide certain 66 |
---|
| 104 | + | notification to certain electors; amending ss. 67 |
---|
| 105 | + | 101.6921, 101.6923, and 101.6925, F.S.; revising 68 |
---|
| 106 | + | provisions governing special vote -by-mail ballots to 69 |
---|
| 107 | + | certain first-time voters to conform to changes made 70 |
---|
| 108 | + | by the act; amending s. 102.091, F.S.; requiring the 71 |
---|
| 109 | + | Governor, in consultation with the executive director 72 |
---|
| 110 | + | of the Department of Law Enforcement, to appoint 73 |
---|
| 111 | + | special officers to investigate violations of the 74 |
---|
| 112 | + | Florida Election Code; providing requirements for such 75 |
---|
125 | | - | review, or inspect ballot materials or observe 76 |
---|
126 | | - | canvassing from releasing certain information about an 77 |
---|
127 | | - | election before the closing of the polls; providing 78 |
---|
128 | | - | criminal penalties; amending s. 101.6103, F.S.; 79 |
---|
129 | | - | conforming certain provisions governing the Mail 80 |
---|
130 | | - | Ballot Election Act to provisions applicable to the 81 |
---|
131 | | - | mailing and canvassing of vote -by-mail ballots; 82 |
---|
132 | | - | amending s. 101.655, F.S.; revising the date by which 83 |
---|
133 | | - | requests for supervised voting must be made; amending 84 |
---|
134 | | - | s. 102.091, F.S.; requiring the Governor, in 85 |
---|
135 | | - | consultation with the executive director of the 86 |
---|
136 | | - | Department of Law Enforcement, to appoint special 87 |
---|
137 | | - | officers to investigate election law violations; 88 |
---|
138 | | - | specifying requirements for such special officers; 89 |
---|
139 | | - | providing construction; amending s. 102.101, F.S.; 90 |
---|
140 | | - | prohibiting a special officer from entering a polling 91 |
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141 | | - | place; providing exceptions; amending s. 104.0616, 92 |
---|
142 | | - | F.S.; increasing criminal penalties for certain 93 |
---|
143 | | - | unlawful acts involving vote -by-mail ballots; amending 94 |
---|
144 | | - | s. 104.185, F.S.; increasing criminal penalties for a 95 |
---|
145 | | - | person who signs another person's name or a fictitious 96 |
---|
146 | | - | name on specified petitions; amending s. 104.186, 97 |
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147 | | - | F.S.; increasing criminal penalties for a person who 98 |
---|
148 | | - | unlawfully compensates a petition circulator based on 99 |
---|
149 | | - | the number of petition forms gathered; amending s. 100 |
---|
| 125 | + | special officers; providing construction; amending s. 76 |
---|
| 126 | + | 102.101, F.S.; prohibiting a special officer from 77 |
---|
| 127 | + | entering a polling place; providing exceptions; 78 |
---|
| 128 | + | amending s. 104.0616, F.S.; increasing criminal 79 |
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| 129 | + | penalties for a person who distributes, orders, 80 |
---|
| 130 | + | requests, collects, delivers, or otherwise physically 81 |
---|
| 131 | + | possesses more than two vote-by-mail ballots per 82 |
---|
| 132 | + | election except in certain circumstances; amending s. 83 |
---|
| 133 | + | 104.185, F.S.; increasing criminal penalties for a 84 |
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| 134 | + | person who signs another person's name or a fictitious 85 |
---|
| 135 | + | name on certain petitions; amending s. 104.186, F.S.; 86 |
---|
| 136 | + | increasing criminal penalties for a person who 87 |
---|
| 137 | + | compensates a petition circulator based on the number 88 |
---|
| 138 | + | of petition forms gathered; amending s. 124.011, F.S.; 89 |
---|
| 139 | + | providing that certain county commissioners must be 90 |
---|
| 140 | + | elected at the general election immediately following 91 |
---|
| 141 | + | redistricting; requiring such commissioners' terms to 92 |
---|
| 142 | + | commence on a certain date; providing applicability; 93 |
---|
| 143 | + | amending s. 921.0022, F.S.; ranking a specified 94 |
---|
| 144 | + | offense involving vote -by-mail ballots on the severity 95 |
---|
| 145 | + | ranking chart of the Criminal Punishment Code; 96 |
---|
| 146 | + | requiring the Department of State to submit to the 97 |
---|
| 147 | + | Legislature a report detailing a plan for obtaining an 98 |
---|
| 148 | + | identifying number from each registered voter who does 99 |
---|
| 149 | + | not have one on file; providing requirements for the 100 |
---|
199 | | - | pursuant to ss. 100.371 and 101.161; and 126 |
---|
200 | | - | (c)(3) Obtained a letter from the Division of Elections 127 |
---|
201 | | - | confirming that the sponsor has submitted to the appropriate 128 |
---|
202 | | - | supervisors for verification, and the supervisors have verified, 129 |
---|
203 | | - | forms signed and dated equa l to 25 percent of the number of 130 |
---|
204 | | - | electors statewide required by s. 3, Art. XI of the State 131 |
---|
205 | | - | Constitution in one-half of the congressional districts of the 132 |
---|
206 | | - | state. 133 |
---|
207 | | - | (2) If the Secretary of State has submitted an initiative 134 |
---|
208 | | - | petition to the Attorney General pu rsuant to subsection (1) but 135 |
---|
209 | | - | the validity of the signatures for such initiative petition have 136 |
---|
210 | | - | expired pursuant to s. 100.371(11)(a) before securing ballot 137 |
---|
211 | | - | placement, the Secretary of State must promptly notify the 138 |
---|
212 | | - | Attorney General. The Secretary of State m ay resubmit the 139 |
---|
213 | | - | initiative petition to the Attorney General if the initiative 140 |
---|
214 | | - | petition is later circulated for placement on the ballot of a 141 |
---|
215 | | - | subsequent general election and the criteria under subsection 142 |
---|
216 | | - | (1) are satisfied. 143 |
---|
217 | | - | Section 2. Subsection (4) is ad ded to section 16.061, 144 |
---|
218 | | - | Florida Statutes, to read: 145 |
---|
219 | | - | 16.061 Initiative petitions. — 146 |
---|
220 | | - | (4) If the Attorney General is notified by the Secretary 147 |
---|
221 | | - | of State pursuant to s. 15.21(2) that an initiative petition no 148 |
---|
222 | | - | longer qualifies for ballot placement for the ensui ng general 149 |
---|
223 | | - | election, the Attorney General must withdraw his or her request 150 |
---|
| 199 | + | employ nonsworn investigators to conduct any investigations. The 126 |
---|
| 200 | + | positions and resources necessary for the office to accomplish 127 |
---|
| 201 | + | its duties shall be established through and s ubject to the 128 |
---|
| 202 | + | legislative appropriations process. 129 |
---|
| 203 | + | (5) The office shall oversee the department's voter fraud 130 |
---|
| 204 | + | hotline. 131 |
---|
| 205 | + | (6) This section does not limit the jurisdiction of any 132 |
---|
| 206 | + | other office or agency of the state empowered by law to 133 |
---|
| 207 | + | investigate, act upon, or dispose of alleged election law 134 |
---|
| 208 | + | violations. 135 |
---|
| 209 | + | (7) By January 15 of each year, the department shall 136 |
---|
| 210 | + | submit a report to the Governor, the President of the Senate, 137 |
---|
| 211 | + | and the Speaker of the House of Representatives detailing 138 |
---|
| 212 | + | information on investigations of a lleged election law violations 139 |
---|
| 213 | + | or election irregularities conducted during the prior calendar 140 |
---|
| 214 | + | year. The report must include the total number of complaints 141 |
---|
| 215 | + | received and independent investigations initiated and the number 142 |
---|
| 216 | + | referred to another agency for furth er investigation or 143 |
---|
| 217 | + | prosecution, including the total of those sent to a special 144 |
---|
| 218 | + | officer pursuant to s. 102.091. For each alleged violation or 145 |
---|
| 219 | + | irregularity investigated, the report must include: 146 |
---|
| 220 | + | (a) The source of the alleged violation or irregularity; 147 |
---|
| 221 | + | (b) The law allegedly violated or the nature of the 148 |
---|
| 222 | + | irregularity reported; 149 |
---|
| 223 | + | (c) The county in which the alleged violation or 150 |
---|
236 | | - | for an advisory opinion if the Supreme Court has not yet 151 |
---|
237 | | - | fulfilled that request. If the Secretary of State subsequently 152 |
---|
238 | | - | resubmits the initiative petition if the criteria in s. 15.21 (1) 153 |
---|
239 | | - | are again satisfied and the court has not issued its advisory 154 |
---|
240 | | - | opinion, the Attorney General must file a new petition seeking 155 |
---|
241 | | - | such advisory opinion. 156 |
---|
242 | | - | Section 3. Section 97.022, Florida Statutes, is created to 157 |
---|
243 | | - | read: 158 |
---|
244 | | - | 97.022 Office of Election Crimes and Security; creation; 159 |
---|
245 | | - | purpose and duties.— 160 |
---|
246 | | - | (1) The Office of Election Crimes and Security is created 161 |
---|
247 | | - | within the Department of State. The purpose of the office is to 162 |
---|
248 | | - | aid the Secretary of State in completion of his or her duties 163 |
---|
249 | | - | under s. 97.012(12) and ( 15) by: 164 |
---|
250 | | - | (a) Receiving and reviewing notices and reports generated 165 |
---|
251 | | - | by government officials or any other person regarding alleged 166 |
---|
252 | | - | occurrences of election law violations or election 167 |
---|
253 | | - | irregularities in this state. 168 |
---|
254 | | - | (b) Initiating independent inquiries and co nducting 169 |
---|
255 | | - | preliminary investigations into allegations of election law 170 |
---|
256 | | - | violations or election irregularities in this state. 171 |
---|
257 | | - | (2) The office may review complaints and conduct 172 |
---|
258 | | - | preliminary investigations into alleged violations of the 173 |
---|
259 | | - | Florida Election Code or any rule adopted pursuant thereto and 174 |
---|
260 | | - | any election irregularities. 175 |
---|
| 236 | + | irregularity occurred; 151 |
---|
| 237 | + | (d) Whether the alleged violation or irregularity was 152 |
---|
| 238 | + | referred to another agency for further investigati on or 153 |
---|
| 239 | + | prosecution, and if so, to which agency; and 154 |
---|
| 240 | + | (e) The current status of the investigation or resulting 155 |
---|
| 241 | + | criminal case. 156 |
---|
| 242 | + | Section 2. Section 97.0291, Florida Statutes, is amended 157 |
---|
| 243 | + | to read: 158 |
---|
| 244 | + | 97.0291 Prohibition on use of private funds for election -159 |
---|
| 245 | + | related expenses.—No agency or state or local official 160 |
---|
| 246 | + | responsible for conducting elections, including, but not limited 161 |
---|
| 247 | + | to, a supervisor of elections, may solicit, accept, use, or 162 |
---|
| 248 | + | dispose of any donation in the form of money, grants, property, 163 |
---|
| 249 | + | or personal services from an individual or a nongovernmental 164 |
---|
| 250 | + | entity for the purpose of funding any type of expenses related 165 |
---|
| 251 | + | to election administration, including, but not limited to, 166 |
---|
| 252 | + | election-related expenses or voter education, voter outreach, 167 |
---|
| 253 | + | voter or registration programs, or the cost of any litigation 168 |
---|
| 254 | + | related to election administration . This section does not 169 |
---|
| 255 | + | prohibit the donation and acceptance of space to be used for a 170 |
---|
| 256 | + | polling room or an early voting site. 171 |
---|
| 257 | + | Section 3. Subsection (13) of section 97.057, Florida 172 |
---|
| 258 | + | Statutes, is amended to read: 173 |
---|
| 259 | + | 97.057 Voter registration by the Department of Highway 174 |
---|
| 260 | + | Safety and Motor Vehicles. — 175 |
---|
273 | | - | (3) The secretary shall appoint a director of the office. 176 |
---|
274 | | - | (4) The office shall be based in Tallahassee and shall 177 |
---|
275 | | - | employ nonsworn investigators to conduct any investigations. The 178 |
---|
276 | | - | positions and resources necessary for the office to accomplish 179 |
---|
277 | | - | its duties shall be established through and subject to the 180 |
---|
278 | | - | legislative appropriations process. 181 |
---|
279 | | - | (5) The office shall oversee the department's voter fraud 182 |
---|
280 | | - | hotline. 183 |
---|
281 | | - | (6) This section does not limit th e jurisdiction of any 184 |
---|
282 | | - | other office or agency of the state empowered by law to 185 |
---|
283 | | - | investigate, act upon, or dispose of alleged election law 186 |
---|
284 | | - | violations. 187 |
---|
285 | | - | (7) By January 15 of each year, the department shall 188 |
---|
286 | | - | submit a report to the Governor, the President of the Senate, 189 |
---|
287 | | - | and the Speaker of the House of Representatives detailing 190 |
---|
288 | | - | information on investigations of alleged election law violations 191 |
---|
289 | | - | or election irregularities conducted during the prior calendar 192 |
---|
290 | | - | year. The report must include the total number of complaints 193 |
---|
291 | | - | received and independent investigations initiated and the number 194 |
---|
292 | | - | of complaints referred to another agency for further 195 |
---|
293 | | - | investigation or prosecution, including the total number of 196 |
---|
294 | | - | those matters sent to a special officer pursuant to s. 102.091. 197 |
---|
295 | | - | For each alleged violation or irregularity investigated, the 198 |
---|
296 | | - | report must include: 199 |
---|
297 | | - | (a) The source of the alleged violation or irregularity; 200 |
---|
| 273 | + | (13) The Department of Highway Safety and Motor Vehicles 176 |
---|
| 274 | + | must assist the Department of State in regularly identifying 177 |
---|
| 275 | + | changes in residence ad dress on the driver license or 178 |
---|
| 276 | + | identification card of a voter. The Department of State must 179 |
---|
| 277 | + | report each such change to the appropriate supervisor of 180 |
---|
| 278 | + | elections who must change the voter's registration records in 181 |
---|
| 279 | + | accordance with s. 98.065(5) s. 98.065(4). 182 |
---|
| 280 | + | Section 4. Paragraph (a) of subsection (3) of section 183 |
---|
| 281 | + | 97.0575, Florida Statutes, is amended to read: 184 |
---|
| 282 | + | 97.0575 Third-party voter registrations. — 185 |
---|
| 283 | + | (3)(a) A third-party voter registration organization that 186 |
---|
| 284 | + | collects voter registration applications serves a s a fiduciary 187 |
---|
| 285 | + | to the applicant, ensuring that any voter registration 188 |
---|
| 286 | + | application entrusted to the organization, irrespective of party 189 |
---|
| 287 | + | affiliation, race, ethnicity, or gender, must be promptly 190 |
---|
| 288 | + | delivered to the division or the supervisor of elections in the 191 |
---|
| 289 | + | county in which the applicant resides within 14 days after the 192 |
---|
| 290 | + | application was completed by the applicant, but not after 193 |
---|
| 291 | + | registration closes for the next ensuing election. A third -party 194 |
---|
| 292 | + | voter registration organization must notify the applicant at the 195 |
---|
| 293 | + | time the application is collected that the organization might 196 |
---|
| 294 | + | not deliver the application to the division or the supervisor of 197 |
---|
| 295 | + | elections in the county in which the applicant resides in less 198 |
---|
| 296 | + | than 14 days or before registration closes for the next ensuing 199 |
---|
| 297 | + | election and must advise the applicant that he or she may 200 |
---|
310 | | - | (b) The law allegedly violated or the nature of the 201 |
---|
311 | | - | irregularity reported; 202 |
---|
312 | | - | (c) The county in which the alleged violation or 203 |
---|
313 | | - | irregularity occurred; 204 |
---|
314 | | - | (d) Whether the alleged violation or irregularity was 205 |
---|
315 | | - | referred to another agency for further investigation or 206 |
---|
316 | | - | prosecution, and if so, to which agency; and 207 |
---|
317 | | - | (e) The current status of the investigation or resulting 208 |
---|
318 | | - | criminal case. 209 |
---|
319 | | - | Section 4. Section 97.0291, Florida Statutes, is amended 210 |
---|
320 | | - | to read: 211 |
---|
321 | | - | 97.0291 Prohibition on use of private funds for election -212 |
---|
322 | | - | related expenses.—No agency or state or local official 213 |
---|
323 | | - | responsible for conducting elections, including, but not limited 214 |
---|
324 | | - | to, a supervisor of elections, may solicit, accept, use, or 215 |
---|
325 | | - | dispose of any donation in the form of money, grants, property, 216 |
---|
326 | | - | or personal services from an individual or a nongovernmental 217 |
---|
327 | | - | entity for the purpose of funding any type of election-related 218 |
---|
328 | | - | expenses related to election administration, including, but not 219 |
---|
329 | | - | limited to, or voter education, voter outreach, voter or 220 |
---|
330 | | - | registration programs , or the cost of any litigation related to 221 |
---|
331 | | - | election administration . This section does not prohibit the 222 |
---|
332 | | - | donation and acceptance of s pace to be used for a polling room 223 |
---|
333 | | - | or an early voting site. 224 |
---|
334 | | - | Section 5. Subsection (13) of section 97.057, Florida 225 |
---|
| 310 | + | deliver the application in person or by mail. The third -party 201 |
---|
| 311 | + | voter registration organization must also inform the applicant 202 |
---|
| 312 | + | how to register online with the division and how to determine 203 |
---|
| 313 | + | whether the application has been delivered. If a voter 204 |
---|
| 314 | + | registration application collected by any third -party voter 205 |
---|
| 315 | + | registration organization is not promptly delivered to the 206 |
---|
| 316 | + | division or supervisor of elections in the county in which the 207 |
---|
| 317 | + | applicant resides, the third -party voter registration 208 |
---|
| 318 | + | organization is liable for the following fines: 209 |
---|
| 319 | + | 1. A fine in the amount of $50 for each application 210 |
---|
| 320 | + | received by the division or the supervisor of elections in the 211 |
---|
| 321 | + | county in which the applicant resides more than 14 days after 212 |
---|
| 322 | + | the applicant delivered the completed voter registration 213 |
---|
| 323 | + | application to the third -party voter registration organization 214 |
---|
| 324 | + | or any person, entity, or agent acting on its behalf. A fine in 215 |
---|
| 325 | + | the amount of $250 for each application received if the third -216 |
---|
| 326 | + | party voter registrati on organization or person, entity, or 217 |
---|
| 327 | + | agency acting on its behalf acted willfully. 218 |
---|
| 328 | + | 2. A fine in the amount of $100 for each application 219 |
---|
| 329 | + | collected by a third -party voter registration organization or 220 |
---|
| 330 | + | any person, entity, or agent acting on its behalf, befor e book 221 |
---|
| 331 | + | closing for any given election for federal or state office and 222 |
---|
| 332 | + | received by the division or the supervisor of elections in the 223 |
---|
| 333 | + | county in which the applicant resides after the book -closing 224 |
---|
| 334 | + | deadline for such election. A fine in the amount of $500 for 225 |
---|
347 | | - | Statutes, is amended to read: 226 |
---|
348 | | - | 97.057 Voter registration by the Department of Highway 227 |
---|
349 | | - | Safety and Motor Vehicles. — 228 |
---|
350 | | - | (13) The Department o f Highway Safety and Motor Vehicles 229 |
---|
351 | | - | must assist the Department of State in regularly identifying 230 |
---|
352 | | - | changes in residence address on the driver license or 231 |
---|
353 | | - | identification card of a voter. The Department of State must 232 |
---|
354 | | - | report each such change to the appropriate s upervisor of 233 |
---|
355 | | - | elections who must change the voter's registration records in 234 |
---|
356 | | - | accordance with s. 98.065(5) s. 98.065(4). 235 |
---|
357 | | - | Section 6. Present subsections (4) through (7) of section 236 |
---|
358 | | - | 97.0575, Florida Statutes, are redesignated as subsections (5) 237 |
---|
359 | | - | through (8), respectively, a new subsection (4) is added to that 238 |
---|
360 | | - | section, and paragraph (a) of subsection (3) of that section is 239 |
---|
361 | | - | amended, to read: 240 |
---|
362 | | - | 97.0575 Third-party voter registrations. — 241 |
---|
363 | | - | (3)(a) A third-party voter registration organization that 242 |
---|
364 | | - | collects voter registration applications serves as a fiduciary 243 |
---|
365 | | - | to the applicant, ensuring that any voter registration 244 |
---|
366 | | - | application entrusted to the organization, irrespective of party 245 |
---|
367 | | - | affiliation, race, ethnicity, or gender, must be promptly 246 |
---|
368 | | - | delivered to the division or the supervisor of elections in the 247 |
---|
369 | | - | county in which the applicant resides within 14 days after the 248 |
---|
370 | | - | application was completed by the applicant, but not after 249 |
---|
371 | | - | registration closes for the next ensuing election. A third -party 250 |
---|
| 347 | + | each application received if the third -party registration 226 |
---|
| 348 | + | organization or person, entity, or agency acting on its behalf 227 |
---|
| 349 | + | acted willfully. 228 |
---|
| 350 | + | 3. A fine in the amount of $500 for each application 229 |
---|
| 351 | + | collected by a third -party voter registration organization or 230 |
---|
| 352 | + | any person, entity, or agent acting on its behalf, which is not 231 |
---|
| 353 | + | submitted to the division or supervisor of elections in the 232 |
---|
| 354 | + | county in which the applicant resides. A fine in the amount of 233 |
---|
| 355 | + | $1,000 for any application not submitted if the third -party 234 |
---|
| 356 | + | voter registration organization or person, entity, or agency 235 |
---|
| 357 | + | acting on its behalf acted willfully. 236 |
---|
| 358 | + | 237 |
---|
| 359 | + | The aggregate fine pursuant to this paragraph which may be 238 |
---|
| 360 | + | assessed against a third -party voter registration organization, 239 |
---|
| 361 | + | including affiliate organizations, for viola tions committed in a 240 |
---|
| 362 | + | calendar year is $50,000 $1,000. 241 |
---|
| 363 | + | Section 5. Subsections (3) through (6) of section 98.065, 242 |
---|
| 364 | + | Florida Statutes, are renumbered as subsections (4) through (7), 243 |
---|
| 365 | + | respectively, paragraph (c) of present subsection (4) is 244 |
---|
| 366 | + | redesignated as paragraph (e), subsection (2) and present 245 |
---|
| 367 | + | subsections (3) are amended, and a new subsection (3) is added 246 |
---|
| 368 | + | to that section and new paragraphs (c) and (d) are added to 247 |
---|
| 369 | + | present subsection (4) of that section, to read: 248 |
---|
| 370 | + | 98.065 Registration list maintenance progr ams.— 249 |
---|
| 371 | + | (2) A supervisor must incorporate one or more of the 250 |
---|
384 | | - | voter registration organization must no tify the applicant at the 251 |
---|
385 | | - | time the application is collected that the organization might 252 |
---|
386 | | - | not deliver the application to the division or the supervisor of 253 |
---|
387 | | - | elections in the county in which the applicant resides in less 254 |
---|
388 | | - | than 14 days or before registration clos es for the next ensuing 255 |
---|
389 | | - | election and must advise the applicant that he or she may 256 |
---|
390 | | - | deliver the application in person or by mail. The third -party 257 |
---|
391 | | - | voter registration organization must also inform the applicant 258 |
---|
392 | | - | how to register online with the division and how to determine 259 |
---|
393 | | - | whether the application has been delivered. If a voter 260 |
---|
394 | | - | registration application collected by any third -party voter 261 |
---|
395 | | - | registration organization is not promptly delivered to the 262 |
---|
396 | | - | division or supervisor of elections in the county in which the 263 |
---|
397 | | - | applicant resides, the third -party voter registration 264 |
---|
398 | | - | organization is liable for the following fines: 265 |
---|
399 | | - | 1. A fine in the amount of $50 for each application 266 |
---|
400 | | - | received by the division or the supervisor of elections in the 267 |
---|
401 | | - | county in which the applicant resides more than 14 days after 268 |
---|
402 | | - | the applicant delivered the completed voter registration 269 |
---|
403 | | - | application to the third -party voter registration organization 270 |
---|
404 | | - | or any person, entity, or agent acting on its behalf. A fine in 271 |
---|
405 | | - | the amount of $250 for each application received if t he third-272 |
---|
406 | | - | party voter registration organization or person, entity, or 273 |
---|
407 | | - | agency acting on its behalf acted willfully. 274 |
---|
408 | | - | 2. A fine in the amount of $100 for each application 275 |
---|
| 384 | + | following procedures in the supervisor's biennial registration 251 |
---|
| 385 | + | list maintenance program under which: 252 |
---|
| 386 | + | (a) At least once each even -numbered year, to begin in 253 |
---|
| 387 | + | November of the year preceding a presidential election year, 254 |
---|
| 388 | + | change-of-address information supplied by the United States 255 |
---|
| 389 | + | Postal Service through its licensees is used to identify 256 |
---|
| 390 | + | registered voters whose addresses might have changed .; 257 |
---|
| 391 | + | (b) At least once each odd -numbered year, change-of-258 |
---|
| 392 | + | address information is identified from returned nonforwardable 259 |
---|
| 393 | + | return-if-undeliverable address confirmation requests mailed 260 |
---|
| 394 | + | mail sent to all registered voters in the county .; or 261 |
---|
| 395 | + | (c) At the supervisor's discretion, change-of-address 262 |
---|
| 396 | + | information is identifie d from returned nonforwardable return -263 |
---|
| 397 | + | if-undeliverable address confirmation requests mailed to all 264 |
---|
| 398 | + | registered voters who have not voted in the last 2 years and who 265 |
---|
| 399 | + | did not make a written request that their registration records 266 |
---|
| 400 | + | be updated during that time. 267 |
---|
| 401 | + | (d) At least once each odd -numbered year, an identifying 268 |
---|
| 402 | + | number solicitation is sent by nonforwardable return -if-269 |
---|
| 403 | + | undeliverable mail to each voter who does not have on file a 270 |
---|
| 404 | + | Florida driver license number, a Florida identification card 271 |
---|
| 405 | + | number, or the last four digits of his or her social security 272 |
---|
| 406 | + | number. 273 |
---|
| 407 | + | (3)(a) Address confirmation requests sent pursuant to 274 |
---|
| 408 | + | paragraphs (2)(b) and (c) must be addressed to the voter's 275 |
---|
421 | | - | collected by a third -party voter registration organization or 276 |
---|
422 | | - | any person, entity, or ag ent acting on its behalf, before book 277 |
---|
423 | | - | closing for any given election for federal or state office and 278 |
---|
424 | | - | received by the division or the supervisor of elections in the 279 |
---|
425 | | - | county in which the applicant resides after the book -closing 280 |
---|
426 | | - | deadline for such election. A f ine in the amount of $500 for 281 |
---|
427 | | - | each application received if the third -party registration 282 |
---|
428 | | - | organization or person, entity, or agency acting on its behalf 283 |
---|
429 | | - | acted willfully. 284 |
---|
430 | | - | 3. A fine in the amount of $500 for each application 285 |
---|
431 | | - | collected by a third -party voter registration organization or 286 |
---|
432 | | - | any person, entity, or agent acting on its behalf, which is not 287 |
---|
433 | | - | submitted to the division or supervisor of elections in the 288 |
---|
434 | | - | county in which the applicant resides. A fine in the amount of 289 |
---|
435 | | - | $1,000 for any application not submitted if the third-party 290 |
---|
436 | | - | voter registration organization or person, entity, or agency 291 |
---|
437 | | - | acting on its behalf acted willfully. 292 |
---|
438 | | - | 293 |
---|
439 | | - | The aggregate fine pursuant to this paragraph which may be 294 |
---|
440 | | - | assessed against a third -party voter registration organization, 295 |
---|
441 | | - | including affiliate organizations, for violations committed in a 296 |
---|
442 | | - | calendar year is $50,000 $1,000. 297 |
---|
443 | | - | (4) If a person collecting voter registration applications 298 |
---|
444 | | - | on behalf of a third -party voter registration organization 299 |
---|
445 | | - | alters the voter registration application of any other person, 300 |
---|
| 421 | + | address of legal residence. If a request is returned as 276 |
---|
| 422 | + | undeliverable, any other notificat ion sent to the voter pursuant 277 |
---|
| 423 | + | to subsection (5) or s. 98.0655 must be addressed to the voter's 278 |
---|
| 424 | + | mailing address on file, if any, in addition to any residence 279 |
---|
| 425 | + | address on file. 280 |
---|
| 426 | + | (b) An identifying number solicitations sent pursuant to 281 |
---|
| 427 | + | paragraph (2)(d) must be addressed to the voter's mailing 282 |
---|
| 428 | + | address. 283 |
---|
| 429 | + | (4)(3) A registration list maintenance program must be 284 |
---|
| 430 | + | conducted by each supervisor at least annually, but may begin in 285 |
---|
| 431 | + | November of the year preceding a presidential election year , at 286 |
---|
| 432 | + | a minimum, in each odd -numbered year and must be completed not 287 |
---|
| 433 | + | later than 90 days prior to the date of any federal election. 288 |
---|
| 434 | + | All list maintenance actions associated with each voter must be 289 |
---|
| 435 | + | entered, tracked, and maintained in the statewide voter 290 |
---|
| 436 | + | registration system. 291 |
---|
| 437 | + | (5)(4) 292 |
---|
| 438 | + | (c) If the supervisor of elections receives returned mail 293 |
---|
| 439 | + | addressed to a voter at his or her address of legal residence 294 |
---|
| 440 | + | indicating that the mail was undeliverable but without 295 |
---|
| 441 | + | indication of an address change, the supervisor must send an 296 |
---|
| 442 | + | address confirmation req uest to the voter's mailing address on 297 |
---|
| 443 | + | file. 298 |
---|
| 444 | + | (d) If an address confirmation request sent pursuant to 299 |
---|
| 445 | + | paragraph (c) is returned as undeliverable with no indication of 300 |
---|
458 | | - | without the other person's knowledge and consent, in violation 301 |
---|
459 | | - | of s. 104.012(4) and is subsequently convicted of such offense, 302 |
---|
460 | | - | the applicable third -party voter registration organization is 303 |
---|
461 | | - | liable for a fine in the amount of $1,000 for each application 304 |
---|
462 | | - | altered. 305 |
---|
463 | | - | Section 7. Effective January 1, 2023, present subsections 306 |
---|
464 | | - | (3) through (6) of section 98.065, Florida Statutes, are 307 |
---|
465 | | - | redesignated as subsections (4) through (7), respectively, a new 308 |
---|
466 | | - | subsection (3) is added to that section, and subsection (2) and 309 |
---|
467 | | - | present subsections (3), (4), and (5) of that section are 310 |
---|
468 | | - | amended, to read: 311 |
---|
469 | | - | 98.065 Registration list maintenance programs. — 312 |
---|
470 | | - | (2) A supervisor must incorporate one or more of the 313 |
---|
471 | | - | following procedures in the supervisor's annual biennial 314 |
---|
472 | | - | registration list maintenance program under which the supervisor 315 |
---|
473 | | - | shall: 316 |
---|
474 | | - | (a) Use change-of-address information supplied by the 317 |
---|
475 | | - | United States Postal Service through its licensees is used to 318 |
---|
476 | | - | identify registered voters whose addresses might have changed . 319 |
---|
477 | | - | Additionally, in odd -numbered years, unless the supervisor is 320 |
---|
478 | | - | conducting the procedure specified i n paragraph (b), the 321 |
---|
479 | | - | supervisor must identify change -of-address information from 322 |
---|
480 | | - | returned nonforwardable return -if-undeliverable address 323 |
---|
481 | | - | confirmation requests mailed to all registered voters who have 324 |
---|
482 | | - | not voted in the preceding two general elections and who have 325 |
---|
| 458 | + | an address change, an address confirmation final notice must be 301 |
---|
| 459 | + | delivered to the voter a t any address on file. 302 |
---|
| 460 | + | Section 6. Subsection (1) of section 98.0655, Florida 303 |
---|
| 461 | + | Statutes, is amended, and subsection (4) is added to that 304 |
---|
| 462 | + | section, to read: 305 |
---|
| 463 | + | 98.0655 Registration list maintenance forms. —The 306 |
---|
| 464 | + | department shall prescribe registration list mai ntenance forms 307 |
---|
| 465 | + | to be used by the supervisors which must include: 308 |
---|
| 466 | + | (1) An address confirmation request that must contain the 309 |
---|
| 467 | + | following: 310 |
---|
| 468 | + | (a) The voter's name and address of legal residence as 311 |
---|
| 469 | + | shown on the voter registration record .; and 312 |
---|
| 470 | + | (b) A request that the voter notify the supervisor if 313 |
---|
| 471 | + | either the voter's name or address of legal residence is 314 |
---|
| 472 | + | incorrect. 315 |
---|
| 473 | + | (c) Instructions for updating voter registration 316 |
---|
| 474 | + | information online. 317 |
---|
| 475 | + | (d) A voter registration application for the voter's use 318 |
---|
| 476 | + | if making a registra tion change by mail. 319 |
---|
| 477 | + | (e) Notification that a person who willfully submits any 320 |
---|
| 478 | + | false voter registration information commits a felony of the 321 |
---|
| 479 | + | third degree, as provided by s. 104.011(2). 322 |
---|
| 480 | + | (4) An identifying number solicitation that requests the 323 |
---|
| 481 | + | voter provide his or her Florida driver license number or 324 |
---|
| 482 | + | Florida identification card number, and the last four digits of 325 |
---|
495 | | - | not made a request that their registration records be updated 326 |
---|
496 | | - | during that time; or 327 |
---|
497 | | - | (b) Identify change-of-address information is identified 328 |
---|
498 | | - | from returned nonforwardable return -if-undeliverable mail sent 329 |
---|
499 | | - | to all registered voters in the county ; or 330 |
---|
500 | | - | (c) Change-of-address information is identified from 331 |
---|
501 | | - | returned nonforwardable return -if-undeliverable address 332 |
---|
502 | | - | confirmation requests mailed to all registered voters who have 333 |
---|
503 | | - | not voted in the last 2 years and who did not make a written 334 |
---|
504 | | - | request that their reg istration records be updated during that 335 |
---|
505 | | - | time. 336 |
---|
506 | | - | (3) Address confirmation requests sent pursuant to 337 |
---|
507 | | - | paragraph (2)(a) and mail sent pursuant to paragraph (2)(b) must 338 |
---|
508 | | - | be addressed to the voter's address of legal residence, not 339 |
---|
509 | | - | including voters temporarily re siding outside the county and 340 |
---|
510 | | - | registered in the precinct designated by the supervisor pursuant 341 |
---|
511 | | - | to s. 101.045(1). If a request is returned as undeliverable, any 342 |
---|
512 | | - | other notification sent to the voter pursuant to subsection (5) 343 |
---|
513 | | - | or s. 98.0655 must be addressed to the voter's mailing address 344 |
---|
514 | | - | on file, if any. 345 |
---|
515 | | - | (4) A registration list maintenance program must be 346 |
---|
516 | | - | conducted by each supervisor, at a minimum, once in each odd-347 |
---|
517 | | - | numbered year and must be completed not later than 90 days 348 |
---|
518 | | - | before prior to the date of any federal election. All list 349 |
---|
519 | | - | maintenance actions associated with each voter must be entered, 350 |
---|
| 495 | + | his or her social security number. 326 |
---|
| 496 | + | Section 7. Paragraph (a) of subsection (3) of section 327 |
---|
| 497 | + | 98.075, Florida Statutes, is amended to read: 328 |
---|
| 498 | + | 98.075 Registration records maintenance activities; 329 |
---|
| 499 | + | ineligibility determinations. — 330 |
---|
| 500 | + | (3) DECEASED PERSONS. — 331 |
---|
| 501 | + | (a)1. The department shall identify those registered 332 |
---|
| 502 | + | voters who are deceased by comparing information received from 333 |
---|
| 503 | + | the following entities either: 334 |
---|
| 504 | + | a. The Department of Health as provided in s. 98.093 .; or 335 |
---|
| 505 | + | b. The United States Social Security Administration, 336 |
---|
| 506 | + | including, but not limited to, any master death file or index 337 |
---|
| 507 | + | compiled by the United States Social Security Administration. 338 |
---|
| 508 | + | c. The Department o f Highway Safety and Motor Vehicles. 339 |
---|
| 509 | + | 2. Within 7 days after receipt of such information through 340 |
---|
| 510 | + | the statewide voter registration system, the supervisor shall 341 |
---|
| 511 | + | remove the name of the registered voter. 342 |
---|
| 512 | + | Section 8. Paragraphs (b) and (g) of subsection (2) of 343 |
---|
| 513 | + | section 98.093, Florida Statutes, are amended to read: 344 |
---|
| 514 | + | 98.093 Duty of officials to furnish information relating 345 |
---|
| 515 | + | to deceased persons, persons adjudicated mentally incapacitated, 346 |
---|
| 516 | + | and persons convicted of a felony , and persons who are not 347 |
---|
| 517 | + | United States citizens.— 348 |
---|
| 518 | + | (2) To the maximum extent feasible, state and local 349 |
---|
| 519 | + | government agencies shall facilitate provision of information 350 |
---|
532 | | - | tracked, and maintained in the statewide voter registration 351 |
---|
533 | | - | system. 352 |
---|
534 | | - | (5)(a)(4)(a) If the supervisor receives change -of-address 353 |
---|
535 | | - | information pursuant to the activities conducted in subsection 354 |
---|
536 | | - | (2), from jury notices signed by the voter and returned to the 355 |
---|
537 | | - | courts, from the Department of Highway Safety and Motor 356 |
---|
538 | | - | Vehicles, or from other sources which indicates that a 357 |
---|
539 | | - | registered voter's legal residence might have changed to a nother 358 |
---|
540 | | - | location within the state, the supervisor must change the 359 |
---|
541 | | - | registration records to reflect the new address and must send 360 |
---|
542 | | - | the voter an address change notice as provided in s. 98.0655(2). 361 |
---|
543 | | - | (b) If the supervisor of elections receives change -of-362 |
---|
544 | | - | address information pursuant to the activities conducted in 363 |
---|
545 | | - | subsection (2), from jury notices signed by the voter and 364 |
---|
546 | | - | returned to the courts, or from other sources which indicates 365 |
---|
547 | | - | that a registered voter's legal residence might have changed to 366 |
---|
548 | | - | a location outside t he state, the supervisor of elections shall 367 |
---|
549 | | - | send an address confirmation final notice to the voter as 368 |
---|
550 | | - | provided in s. 98.0655(3). 369 |
---|
551 | | - | (c) If an address confirmation request required by 370 |
---|
552 | | - | paragraph (2)(a) or (b) is returned as undeliverable without 371 |
---|
553 | | - | indication of an address change, or there is no response from 372 |
---|
554 | | - | the voter within 30 days, or if any other nonforwardable return -373 |
---|
555 | | - | if-undeliverable mail is returned as undeliverable with no 374 |
---|
556 | | - | indication of an address change, the supervisor shall send an 375 |
---|
| 532 | + | and access to data to the department, including, but not limited 351 |
---|
| 533 | + | to, databases that contain reliable criminal records and records 352 |
---|
| 534 | + | of deceased persons. State and local government agencies that 353 |
---|
| 535 | + | provide such data shall do so without charge if the direct cost 354 |
---|
| 536 | + | incurred by those agencies is not significant. 355 |
---|
| 537 | + | (b) Each clerk of the circuit court shall furnish monthly 356 |
---|
| 538 | + | to the department: 357 |
---|
| 539 | + | 1. A list of those persons who have been adjudicated 358 |
---|
| 540 | + | mentally incapacitated with respect to voting during the 359 |
---|
| 541 | + | preceding calendar month, a list of those persons whose mental 360 |
---|
| 542 | + | capacity with respect to voting has been restored during the 361 |
---|
| 543 | + | preceding calendar mont h, and a list of those persons who have 362 |
---|
| 544 | + | returned signed jury notices during the preceding months to the 363 |
---|
| 545 | + | clerk of the circuit court indicating a change of address. Each 364 |
---|
| 546 | + | list must shall include the name, address, date of birth, race, 365 |
---|
| 547 | + | sex, and, whichever is available, the Florida driver license 366 |
---|
| 548 | + | number, Florida identification card number, or social security 367 |
---|
| 549 | + | number of each such person. 368 |
---|
| 550 | + | 2. Information on the terms of sentence, including an y 369 |
---|
| 551 | + | financial obligations, of all persons listed in the clerk's 370 |
---|
| 552 | + | records who reside within the state and have been convicted of a 371 |
---|
| 553 | + | felony. 372 |
---|
| 554 | + | (g) The Department of Highway Safety and Motor Vehicles 373 |
---|
| 555 | + | shall furnish monthly to the department : 374 |
---|
| 556 | + | 1. A list of those persons whose names have been removed 375 |
---|
569 | | - | address confirmation f inal notice to all addresses on file for 376 |
---|
570 | | - | the voter. 377 |
---|
571 | | - | (d) The supervisor must designate as inactive all voters 378 |
---|
572 | | - | who have been sent an address confirmation final notice and who 379 |
---|
573 | | - | have not returned the postage prepaid, preaddressed return form 380 |
---|
574 | | - | within 30 days or for which the final notice has been returned 381 |
---|
575 | | - | as undeliverable. Names on the inactive list may not be used to 382 |
---|
576 | | - | calculate the number of signatures needed on any petition. A 383 |
---|
577 | | - | voter on the inactive list may be restored to the active list of 384 |
---|
578 | | - | voters upon the vote r updating his or her registration and 385 |
---|
579 | | - | confirming his or her current address of legal residence , 386 |
---|
580 | | - | requesting a vote-by-mail ballot and confirming his or her 387 |
---|
581 | | - | current address of legal residence , or appearing to vote and 388 |
---|
582 | | - | confirming his or her current address o f legal residence. 389 |
---|
583 | | - | However, if the voter does not update his or her voter 390 |
---|
584 | | - | registration information, request a vote -by-mail ballot, or vote 391 |
---|
585 | | - | by the second general election after being placed on the 392 |
---|
586 | | - | inactive list, the voter's name shall be removed from the 393 |
---|
587 | | - | statewide voter registration system and the voter shall be 394 |
---|
588 | | - | required to reregister to have his or her name restored to the 395 |
---|
589 | | - | statewide voter registration system. 396 |
---|
590 | | - | (6)(5) A notice may not be issued pursuant to this section 397 |
---|
591 | | - | and a voter's name may not be removed from the statewide voter 398 |
---|
592 | | - | registration system later than 90 days prior to the date of a 399 |
---|
593 | | - | federal election. However, this section does not preclude the 400 |
---|
| 569 | + | from the driver license database because they have been licensed 376 |
---|
| 570 | + | in another state. The list must shall contain the name, address, 377 |
---|
| 571 | + | date of birth, sex, social security number, and driver license 378 |
---|
| 572 | + | number of each such person . 379 |
---|
| 573 | + | 2. A list of those persons who presented evidence of non -380 |
---|
| 574 | + | United States citizenship upon being issued a new or renewed 381 |
---|
| 575 | + | Florida driver license or Florida identification card. The list 382 |
---|
| 576 | + | must contain the name; address; date of birth; social security 383 |
---|
| 577 | + | number, if applicable; and Florida driver license number or 384 |
---|
| 578 | + | Florida identification card number, as applicable, of each such 385 |
---|
| 579 | + | person. 386 |
---|
| 580 | + | Section 9. Paragraph (a) of subsection (2) of section 387 |
---|
| 581 | + | 100.041, Florida Statutes, is amended to read: 388 |
---|
| 582 | + | 100.041 Officers chosen at general election. — 389 |
---|
| 583 | + | (2)(a) Except as provided in s. 124.011 relating to single 390 |
---|
| 584 | + | member districts after decennial redistricting, each county 391 |
---|
| 585 | + | commissioner from an odd -numbered district shall be elected at 392 |
---|
| 586 | + | the general election in each year the number of wh ich is a 393 |
---|
| 587 | + | multiple of 4, for a 4 -year term commencing on the second 394 |
---|
| 588 | + | Tuesday following such election, and each county commissioner 395 |
---|
| 589 | + | from an even-numbered district shall be elected at the general 396 |
---|
| 590 | + | election in each even -numbered year the number of which is not a 397 |
---|
| 591 | + | multiple of 4, for a 4 -year term commencing on the second 398 |
---|
| 592 | + | Tuesday following such election. A county commissioner is 399 |
---|
| 593 | + | "elected" for purposes of this paragraph on the date that the 400 |
---|
606 | | - | correction of registration records based on information 401 |
---|
607 | | - | submitted by the voter or removal of the name of a voter from 402 |
---|
608 | | - | the statewide voter registration system at any time upon the 403 |
---|
609 | | - | voter's written request, by reason of the voter's death, or upon 404 |
---|
610 | | - | a determination of the voter's ineligibility as provided in s. 405 |
---|
611 | | - | 98.075(7). 406 |
---|
612 | | - | Section 8. Subsections (1) and (3) of sec tion 98.0655, 407 |
---|
613 | | - | Florida Statutes, are amended to read: 408 |
---|
614 | | - | 98.0655 Registration list maintenance forms. —The 409 |
---|
615 | | - | department shall prescribe registration list maintenance forms 410 |
---|
616 | | - | to be used by the supervisors which must include: 411 |
---|
617 | | - | (1) An address confirmation request t hat must contain: 412 |
---|
618 | | - | (a) The voter's name and address of legal residence as 413 |
---|
619 | | - | shown on the voter registration record; and 414 |
---|
620 | | - | (b) A request that the voter notify the supervisor if 415 |
---|
621 | | - | either the voter's name or address of legal residence is 416 |
---|
622 | | - | incorrect; 417 |
---|
623 | | - | (c) If the address confirmation request is required by s. 418 |
---|
624 | | - | 98.065(2)(a), a statement that if the voter has not changed his 419 |
---|
625 | | - | or her legal residence or has changed his or her legal residence 420 |
---|
626 | | - | within the state, the voter should return the form within 30 421 |
---|
627 | | - | days after the date on which the notice was sent to the voter; 422 |
---|
628 | | - | and 423 |
---|
629 | | - | (d) Information about updating voter information through 424 |
---|
630 | | - | the online voter registration system . 425 |
---|
| 606 | + | county canvassing board certifies the results of the election 401 |
---|
| 607 | + | pursuant to s. 102.151. 402 |
---|
| 608 | + | Section 10. Paragraphs (a) and (c) of subsection (11) of 403 |
---|
| 609 | + | section 100.371, Florida Statutes, are amended to read: 404 |
---|
| 610 | + | 100.371 Initiatives; procedure for placement on ballot. — 405 |
---|
| 611 | + | (11)(a) An initiative petition form circulated for 406 |
---|
| 612 | + | signature may not be bundled with or attached to any other 407 |
---|
| 613 | + | petition. Each signature shall be dated when made and shall be 408 |
---|
| 614 | + | valid until the next February 1 occurring in an even -numbered 409 |
---|
| 615 | + | year for the purpose of the amendment appearing on the ballot 410 |
---|
| 616 | + | for the general election occ urring in that same year, provided 411 |
---|
| 617 | + | all other requirements of law are met. The sponsor shall submit 412 |
---|
| 618 | + | signed and dated forms to the supervisor of elections for the 413 |
---|
| 619 | + | county of residence listed by the person signing the form for 414 |
---|
| 620 | + | verification of the number of val id signatures obtained. If a 415 |
---|
| 621 | + | signature on a petition is from a registered voter in another 416 |
---|
| 622 | + | county, the supervisor shall notify the petition sponsor of the 417 |
---|
| 623 | + | misfiled petition. The supervisor shall promptly verify the 418 |
---|
| 624 | + | signatures within 60 days after receipt o f the petition forms 419 |
---|
| 625 | + | and payment of a fee for the actual cost of signature 420 |
---|
| 626 | + | verification incurred by the supervisor. However, for petition 421 |
---|
| 627 | + | forms submitted less than 60 days before February 1 of an even -422 |
---|
| 628 | + | numbered year, the supervisor shall promptly verify the 423 |
---|
| 629 | + | signatures within 30 days after receipt of the form and payment 424 |
---|
| 630 | + | of the fee for signature verification. The supervisor shall 425 |
---|
643 | | - | (3) An address confirmation final notice that must be sent 426 |
---|
644 | | - | to the newly recorded address of legal residence , or to all 427 |
---|
645 | | - | addresses on file for the voter if no indication of new address 428 |
---|
646 | | - | has been received, by forwardable mail and must contain a 429 |
---|
647 | | - | postage prepaid, preaddressed return form and a statement that: 430 |
---|
648 | | - | (a) If the voter has not changed his or her legal 431 |
---|
649 | | - | residence or has changed his or her legal residence within the 432 |
---|
650 | | - | state, the voter should return the form within 30 days after the 433 |
---|
651 | | - | date on which the notice was sent to the voter. 434 |
---|
652 | | - | (b) If the voter has changed his or her legal residence to 435 |
---|
653 | | - | a location outside the stat e: 436 |
---|
654 | | - | 1. The voter shall return the form, which serves as a 437 |
---|
655 | | - | request to be removed from the registration books; and 438 |
---|
656 | | - | 2. The voter shall be provided with information on how to 439 |
---|
657 | | - | register in the new jurisdiction in order to be eligible to 440 |
---|
658 | | - | vote. 441 |
---|
659 | | - | (c) If the return form is not returned, the voter's name 442 |
---|
660 | | - | shall be designated as inactive in the statewide voter 443 |
---|
661 | | - | registration system, and confirmation of the voter's address of 444 |
---|
662 | | - | legal residence may be required before the voter is authorized 445 |
---|
663 | | - | to vote in an election . 446 |
---|
664 | | - | Section 9. Paragraph (a) of subsection (3) of section 447 |
---|
665 | | - | 98.075, Florida Statutes, is amended to read: 448 |
---|
666 | | - | 98.075 Registration records maintenance activities; 449 |
---|
667 | | - | ineligibility determinations. — 450 |
---|
| 643 | + | promptly record, in the manner prescribed by the Secretary of 426 |
---|
| 644 | + | State, the date each form is received by the supervisor, and the 427 |
---|
| 645 | + | date the signature on the form is verified as valid. The 428 |
---|
| 646 | + | supervisor may verify that the signature on a form is valid only 429 |
---|
| 647 | + | if: 430 |
---|
| 648 | + | 1. The form contains the original signature of the 431 |
---|
| 649 | + | purported elector. 432 |
---|
| 650 | + | 2. The purported elector has accurately recorded on the 433 |
---|
| 651 | + | form the date on which he or she signed the form. 434 |
---|
| 652 | + | 3. The form sets forth the purported elector's name, 435 |
---|
| 653 | + | address, city, county, and voter registration number or date of 436 |
---|
| 654 | + | birth. 437 |
---|
| 655 | + | 4. The purported elector is, at the time he or she signs 438 |
---|
| 656 | + | the form and at the time the form is verified, a duly qualified 439 |
---|
| 657 | + | and registered elector in the state. 440 |
---|
| 658 | + | 5. The signature was obtained legally, including that if a 441 |
---|
| 659 | + | paid petition circulator was used, the circulator was validly 442 |
---|
| 660 | + | registered under subsection (3) when the signature was ob tained. 443 |
---|
| 661 | + | 444 |
---|
| 662 | + | The supervisor shall retain all the signature forms, separating 445 |
---|
| 663 | + | forms verified as valid from those deemed invalid, for at least 446 |
---|
| 664 | + | 1 year following the election for in which the petition was 447 |
---|
| 665 | + | circulated. The supervisor shall provide a method of viewin g and 448 |
---|
| 666 | + | copying valid and invalid forms issue appeared on the ballot or 449 |
---|
| 667 | + | until the division notifies the supervisors of elections that 450 |
---|
680 | | - | (3) DECEASED PERSONS. — 451 |
---|
681 | | - | (a)1. The department shall identify those registered 452 |
---|
682 | | - | voters who are deceased by comparing information received from 453 |
---|
683 | | - | either: 454 |
---|
684 | | - | a. The Department of Health as provided in s. 98.093; or 455 |
---|
685 | | - | b. The United States Social Security Administration, 456 |
---|
686 | | - | including, but not limited to, any master death file or index 457 |
---|
687 | | - | compiled by the United States Social Security Administration ; 458 |
---|
688 | | - | and 459 |
---|
689 | | - | c. The Department of Highway Safety and Motor Vehicles . 460 |
---|
690 | | - | 2. Within 7 days after receipt of such information through 461 |
---|
691 | | - | the statewide voter regist ration system, the supervisor shall 462 |
---|
692 | | - | remove the name of the registered voter. 463 |
---|
693 | | - | Section 10. Section 98.093, Florida Statutes, is amended 464 |
---|
694 | | - | to read: 465 |
---|
695 | | - | 98.093 Duty of officials to furnish information relating 466 |
---|
696 | | - | to deceased persons, persons adjudicated mentally incapacitated, 467 |
---|
697 | | - | and persons convicted of a felony , and persons who are not 468 |
---|
698 | | - | United States citizens .— 469 |
---|
699 | | - | (1) In order to identify ineligible registered voters and 470 |
---|
700 | | - | maintain accurate and current voter registration records in the 471 |
---|
701 | | - | statewide voter registration syst em pursuant to procedures in s. 472 |
---|
702 | | - | 98.065 or s. 98.075, it is necessary for the department and 473 |
---|
703 | | - | supervisors of elections to receive or access certain 474 |
---|
704 | | - | information from state and federal officials and entities in the 475 |
---|
| 680 | + | the committee that circulated the petition is no longer seeking 451 |
---|
| 681 | + | to obtain ballot position . 452 |
---|
| 682 | + | (c) On the last day of each mon th, or on the last day of 453 |
---|
| 683 | + | each week from December 1 of an odd -numbered year through 454 |
---|
| 684 | + | February 1 of the following year, each supervisor shall post on 455 |
---|
| 685 | + | his or her website the total number of signatures submitted, the 456 |
---|
| 686 | + | total number of invalid signatures, the tot al number of 457 |
---|
| 687 | + | signatures processed, and the aggregate number of verified valid 458 |
---|
| 688 | + | signatures and the distribution of such signatures by 459 |
---|
| 689 | + | congressional district for each proposed amendment proposed by 460 |
---|
| 690 | + | initiative, along with the following information specific to the 461 |
---|
| 691 | + | reporting period: the total number of signed petition forms 462 |
---|
| 692 | + | received, the total number of signatures verified, the 463 |
---|
| 693 | + | distribution of verified valid signatures by congressional 464 |
---|
| 694 | + | district, and the total number of verified petition forms 465 |
---|
| 695 | + | forwarded to the Sec retary of State. 466 |
---|
| 696 | + | Section 11. Section 101.019, Florida Statutes, is created 467 |
---|
| 697 | + | to read: 468 |
---|
| 698 | + | 101.019 Ranked-choice voting prohibited. — 469 |
---|
| 699 | + | (1) A ranked-choice voting method that allows voters to 470 |
---|
| 700 | + | rank candidates for an office in order of preference and have 471 |
---|
| 701 | + | ballots cast be tabulated in multiple rounds following the 472 |
---|
| 702 | + | elimination of a candidate until a single candidate attains a 473 |
---|
| 703 | + | majority may not be used in determining the election or 474 |
---|
| 704 | + | nomination of any candidate to any local, state, or federal 475 |
---|
717 | | - | format prescribed. 476 |
---|
718 | | - | (2) To the maximum exten t feasible, state and local 477 |
---|
719 | | - | government agencies shall facilitate provision of information 478 |
---|
720 | | - | and access to data to the department, including, but not limited 479 |
---|
721 | | - | to, databases that contain reliable criminal records and records 480 |
---|
722 | | - | of deceased persons. State and local government agencies that 481 |
---|
723 | | - | provide such data shall do so without charge if the direct cost 482 |
---|
724 | | - | incurred by those agencies is not significant. 483 |
---|
725 | | - | (a) The Department of Health shall furnish monthly to the 484 |
---|
726 | | - | department a list containing the name, address, date of bir th, 485 |
---|
727 | | - | date of death, social security number, race, and sex of each 486 |
---|
728 | | - | deceased person 17 years of age or older. 487 |
---|
729 | | - | (b) Each clerk of the circuit court shall furnish monthly 488 |
---|
730 | | - | to the department: 489 |
---|
731 | | - | 1. A list of those persons who have been adjudicated 490 |
---|
732 | | - | mentally incapacitated with respect to voting during the 491 |
---|
733 | | - | preceding calendar month, a list of those persons whose mental 492 |
---|
734 | | - | capacity with respect to voting has been restored during the 493 |
---|
735 | | - | preceding calendar month, and a list of those persons who have 494 |
---|
736 | | - | returned signed jury notice s during the preceding months to the 495 |
---|
737 | | - | clerk of the circuit court indicating a change of address. Each 496 |
---|
738 | | - | list shall include the name, address, date of birth, race, sex, 497 |
---|
739 | | - | and, whichever is available, the Florida driver license number, 498 |
---|
740 | | - | Florida identification card number, or social security number of 499 |
---|
741 | | - | each such person. 500 |
---|
| 717 | + | elective office in the state. 476 |
---|
| 718 | + | (2) Any existing or future ordinance enacted or adopted by 477 |
---|
| 719 | + | a county, a municipality, or any other local governmental entity 478 |
---|
| 720 | + | which is in conflict with this section is void. 479 |
---|
| 721 | + | Section 12. Paragraph (a) of subsection (4) and subsection 480 |
---|
| 722 | + | (8) of section 101.5614, Florida Statutes, are amended to read: 481 |
---|
| 723 | + | 101.5614 Canvass of returns. — 482 |
---|
| 724 | + | (4)(a) If any vote-by-mail ballot is physically damaged so 483 |
---|
| 725 | + | that it cannot properly be counted by the voting system's 484 |
---|
| 726 | + | automatic tabulating equipment, a true duplicate copy shall be 485 |
---|
| 727 | + | made of the damaged ballot in an open and accessible room in the 486 |
---|
| 728 | + | presence of witnesses and substituted for the damaged ballot. 487 |
---|
| 729 | + | Likewise, a duplicate ballot shall be made of a vote -by-mail 488 |
---|
| 730 | + | ballot containing an overvoted race if there is a clear 489 |
---|
| 731 | + | indication on the ballot that the voter has made a definite 490 |
---|
| 732 | + | choice in the overvoted race or ballot measure. A duplicate 491 |
---|
| 733 | + | shall include all valid votes as determined by the canvassing 492 |
---|
| 734 | + | board based on rules adopted by the division pursuant to s. 493 |
---|
| 735 | + | 102.166(4). A duplicate may be made of a ballot containing an 494 |
---|
| 736 | + | undervoted race or ballot measure if there is a clear indication 495 |
---|
| 737 | + | on the ballot that the voter has made a definite choice in the 496 |
---|
| 738 | + | undervoted race or ballot measure. A duplicate may not include a 497 |
---|
| 739 | + | vote if the voter's intent in such race or on such measure is 498 |
---|
| 740 | + | not clear. Upon request, a physically present candidate, a 499 |
---|
| 741 | + | political party official, a political committee official, or an 500 |
---|
754 | | - | 2. Information on the terms of sentence for felony 501 |
---|
755 | | - | convictions, including any financial obligations for court 502 |
---|
756 | | - | costs, fees, and fines, of all persons listed in the clerk's 503 |
---|
757 | | - | records whose last known ad dress in the clerk's records is 504 |
---|
758 | | - | within this state and who have been convicted of a felony during 505 |
---|
759 | | - | the preceding month. The information may be provided directly by 506 |
---|
760 | | - | individual clerks of the circuit court or may be provided on 507 |
---|
761 | | - | their behalf through the Comprehe nsive Case Information System. 508 |
---|
762 | | - | For each felony conviction reported, the information must 509 |
---|
763 | | - | include: 510 |
---|
764 | | - | a. The full name, last known address, date of birth, race, 511 |
---|
765 | | - | sex, and, if available, the Florida driver license number, 512 |
---|
766 | | - | Florida identification card number, an d social security number 513 |
---|
767 | | - | of the person convicted. 514 |
---|
768 | | - | b. The amounts of all financial obligations, including 515 |
---|
769 | | - | restitution and court costs, fees, and fines, and, if known, the 516 |
---|
770 | | - | amount of financial obligations not yet satisfied. 517 |
---|
771 | | - | c. The county in which the conv iction occurred. 518 |
---|
772 | | - | d. The statute number violated, statute table text, date 519 |
---|
773 | | - | of conviction, and case number. 520 |
---|
774 | | - | (c) Upon receipt of information from the United States 521 |
---|
775 | | - | Attorney, listing persons convicted of a felony in federal 522 |
---|
776 | | - | court, the department shall use such information to identify 523 |
---|
777 | | - | registered voters or applicants for voter registration who may 524 |
---|
778 | | - | be potentially ineligible based on information provided in 525 |
---|
| 754 | + | authorized designee thereof, must be allowed to observe the 501 |
---|
| 755 | + | duplication of ballots upon signing an affidavit affirming his 502 |
---|
| 756 | + | or her acknowledgment that disclosure of election results 503 |
---|
| 757 | + | discerned from observing the ballot duplication process while 504 |
---|
| 758 | + | the election is ongoing is a felony, as provided under 505 |
---|
| 759 | + | subsection (8). The observer must be allowed t o observe the 506 |
---|
| 760 | + | duplication of ballots in such a way that the observer is able 507 |
---|
| 761 | + | to see the markings on each ballot and the duplication taking 508 |
---|
| 762 | + | place. All duplicate ballots must be clearly labeled 509 |
---|
| 763 | + | "duplicate," bear a serial number which shall be recorded on the 510 |
---|
| 764 | + | defective ballot, and be counted in lieu of the defective 511 |
---|
| 765 | + | ballot. The duplication of ballots must happen in the presence 512 |
---|
| 766 | + | of at least one canvassing board member. After a ballot has been 513 |
---|
| 767 | + | duplicated, the defective ballot shall be placed in an envelope 514 |
---|
| 768 | + | provided for that purpose, and the duplicate ballot shall be 515 |
---|
| 769 | + | tallied with the other ballots for that precinct. If any 516 |
---|
| 770 | + | observer makes a reasonable objection to a duplicate of a 517 |
---|
| 771 | + | ballot, the ballot must be presented to the canvassing board for 518 |
---|
| 772 | + | a determination of t he validity of the duplicate. The canvassing 519 |
---|
| 773 | + | board must document the serial number of the ballot in the 520 |
---|
| 774 | + | canvassing board's minutes. The canvassing board must decide 521 |
---|
| 775 | + | whether the duplication is valid. If the duplicate ballot is 522 |
---|
| 776 | + | determined to be valid, the du plicate ballot must be counted. If 523 |
---|
| 777 | + | the duplicate ballot is determined to be invalid, the duplicate 524 |
---|
| 778 | + | ballot must be rejected and a proper duplicate ballot must be 525 |
---|
791 | | - | accordance with s. 98.075. 526 |
---|
792 | | - | (d) The Department of Law Enforcement shall identify those 527 |
---|
793 | | - | persons who have been convicted of a felony who appear in the 528 |
---|
794 | | - | voter registration records supplied by the statewide voter 529 |
---|
795 | | - | registration system, in a time and manner that enables the 530 |
---|
796 | | - | department to meet its obligations under state and federal law. 531 |
---|
797 | | - | (e) The Florida Commission on Offender Review shall 532 |
---|
798 | | - | furnish at least bimonthly to the department data, including the 533 |
---|
799 | | - | identity of those persons granted clemency in the preceding 534 |
---|
800 | | - | month or any updates to prior records which have occurred in the 535 |
---|
801 | | - | preceding month. The data shall contain t he commission's case 536 |
---|
802 | | - | number and the person's name, address, date of birth, race, 537 |
---|
803 | | - | gender, Florida driver license number, Florida identification 538 |
---|
804 | | - | card number, or the last four digits of the social security 539 |
---|
805 | | - | number, if available, and references to record identi fiers 540 |
---|
806 | | - | assigned by the Department of Corrections and the Department of 541 |
---|
807 | | - | Law Enforcement, a unique identifier of each clemency case, and 542 |
---|
808 | | - | the effective date of clemency of each person. 543 |
---|
809 | | - | (f) The Department of Corrections shall identify those 544 |
---|
810 | | - | persons who have been convicted of a felony and committed to its 545 |
---|
811 | | - | custody or placed on community supervision. The information must 546 |
---|
812 | | - | be provided to the department at a time and in a manner that 547 |
---|
813 | | - | enables the department to identify registered voters who are 548 |
---|
814 | | - | convicted felons and t o meet its obligations under state and 549 |
---|
815 | | - | federal law. 550 |
---|
| 791 | + | made and counted in lieu of the original. 526 |
---|
| 792 | + | (8) Any supervisor of elections, deputy supervisor of 527 |
---|
| 793 | + | elections, canvassing board member, election board member, or 528 |
---|
| 794 | + | election employee, or other person authorized to observe, 529 |
---|
| 795 | + | review, or inspect ballot materials or observe canvassing who 530 |
---|
| 796 | + | releases any information about votes cast for or against any 531 |
---|
| 797 | + | candidate or ballot measure or any who releases the results of 532 |
---|
| 798 | + | any election before prior to the closing of the polls in that 533 |
---|
| 799 | + | county on election day commits a felony of the third degree, 534 |
---|
| 800 | + | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 535 |
---|
| 801 | + | Section 13. Effective January 1, 2024, subsections (1), 536 |
---|
| 802 | + | (2), (3), (5), and (7) of section 101.6103, Florida Statutes, 537 |
---|
| 803 | + | are amended to read: 538 |
---|
| 804 | + | 101.6103 Mail ballot election procedure. — 539 |
---|
| 805 | + | (1) Except as otherwise provided in subsection (7), the 540 |
---|
| 806 | + | supervisor of elections sh all mail all official ballots with a 541 |
---|
| 807 | + | secrecy envelope, a certificate envelope, a return mailing 542 |
---|
| 808 | + | envelope, and instructions sufficient to describe the voting 543 |
---|
| 809 | + | process to each elector entitled to vote in the election not 544 |
---|
| 810 | + | sooner than the 20th day before the el ection and not later than 545 |
---|
| 811 | + | the 10th day before the date of the election. All such ballots 546 |
---|
| 812 | + | shall be mailed by first -class mail. Ballots shall be addressed 547 |
---|
| 813 | + | to each elector at the address appearing in the registration 548 |
---|
| 814 | + | records and placed in an envelope which is prominently marked 549 |
---|
| 815 | + | "Do Not Forward." 550 |
---|
828 | | - | (g) The Department of Highway Safety and Motor Vehicles 551 |
---|
829 | | - | shall furnish monthly to the department : 552 |
---|
830 | | - | 1. A list of those persons whose names have been removed 553 |
---|
831 | | - | from the driver license database because they have been licensed 554 |
---|
832 | | - | in another state. The list must shall contain the name, address, 555 |
---|
833 | | - | date of birth, sex, social security number, and driver license 556 |
---|
834 | | - | number of each such person. 557 |
---|
835 | | - | 2. A list of those persons who presented evidence of non -558 |
---|
836 | | - | United States citizenship upon being issued a new or renewed 559 |
---|
837 | | - | Florida driver license or Florida identification card. The list 560 |
---|
838 | | - | must contain the name; address; date of birth; social security 561 |
---|
839 | | - | number, if applicable; and Florida driver license number or 562 |
---|
840 | | - | Florida identification card number, as applicable, of each such 563 |
---|
841 | | - | person. 564 |
---|
842 | | - | (3) This section does not limit or restrict the supervisor 565 |
---|
843 | | - | in his or her duty to remove the names of persons from the 566 |
---|
844 | | - | statewide voter registration system pursuant to s. 98.075(7) 567 |
---|
845 | | - | based upon information re ceived from other sources. 568 |
---|
846 | | - | Section 11. Paragraph (a) of subsection (2) of section 569 |
---|
847 | | - | 100.041, Florida Statutes, is amended to read: 570 |
---|
848 | | - | 100.041 Officers chosen at general election. — 571 |
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849 | | - | (2)(a) Except as provided in s. 124.011 relating to single 572 |
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850 | | - | member districts after decennial redistricting, each county 573 |
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851 | | - | commissioner from an odd -numbered district shall be elected at 574 |
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852 | | - | the general election in each year the number of which is a 575 |
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| 828 | + | (2) Upon receipt of the ballot the elector shall mark the 551 |
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| 829 | + | ballot, place it in the secrecy envelope, place the secrecy 552 |
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| 830 | + | envelope into the certificate envelope and sign the voter's 553 |
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| 831 | + | certificate, and then place the certif icate envelope into the 554 |
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| 832 | + | return mailing envelope supplied with the ballot, and comply 555 |
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| 833 | + | with the instructions provided with the ballot. The elector 556 |
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| 834 | + | shall mail, deliver, or have delivered the marked ballot so that 557 |
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| 835 | + | it reaches the supervisor of elections no late r than 7 p.m. on 558 |
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| 836 | + | the day of the election. The ballot must be returned in the 559 |
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| 837 | + | certificate envelope and then enclosed in the return mailing 560 |
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| 838 | + | envelope. 561 |
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| 839 | + | (3) The certificate return mailing envelope must bear a 562 |
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| 840 | + | certificate in substantially the form prescribed by s. 563 |
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| 841 | + | 101.64(1)(a) shall contain a statement in substantially the 564 |
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| 842 | + | following form: 565 |
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| 843 | + | 566 |
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| 844 | + | VOTER'S CERTIFICATE 567 |
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| 845 | + | 568 |
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| 846 | + | I, ...(Print Name)..., do solemnly swear (or affirm) that I 569 |
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| 847 | + | am a qualified voter in this election and that I have not and 570 |
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| 848 | + | will not vote more than one ballot in this election. 571 |
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| 849 | + | I understand that failure to sign this certificate and give 572 |
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| 850 | + | my residence address will invalidate my ballot. 573 |
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| 851 | + | 574 |
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| 852 | + | ...(Signature)... 575 |
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865 | | - | multiple of 4, for a 4 -year term commencing on the second 576 |
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866 | | - | Tuesday following such election, and each county commissioner 577 |
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867 | | - | from an even-numbered district shall be elected at the general 578 |
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868 | | - | election in each even -numbered year the number of which is not a 579 |
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869 | | - | multiple of 4, for a 4 -year term commencing on the second 580 |
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870 | | - | Tuesday following such election . A county commissioner is 581 |
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871 | | - | "elected" for purposes of this paragraph on the date that the 582 |
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872 | | - | county canvassing board certifies the results of the election 583 |
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873 | | - | pursuant to s. 102.151. 584 |
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874 | | - | Section 12. Paragraphs (a) and (c) of subsection (11) and 585 |
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875 | | - | paragraph (a) of subsection (13) of section 100.371, Florida 586 |
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876 | | - | Statutes, are amended to read: 587 |
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877 | | - | 100.371 Initiatives; procedure for placement on ballot. — 588 |
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878 | | - | (11)(a) An initiative petition form circulated for 589 |
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879 | | - | signature may not be bundled with or attached to any other 590 |
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880 | | - | petition. Each signature shall be dated when made and shall be 591 |
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881 | | - | valid until the next February 1 occurring in an even -numbered 592 |
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882 | | - | year for the purpose of the amendment appearing on the ballot 593 |
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883 | | - | for the general election occurring in that same year, provided 594 |
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884 | | - | all other requirements of law are met. The sponsor shall submit 595 |
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885 | | - | signed and dated forms to the supervisor of elections for the 596 |
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886 | | - | county of residence listed by the person signing the form for 597 |
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887 | | - | verification of the number of valid signatures obtained. If a 598 |
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888 | | - | signature on a petition is from a registered voter in another 599 |
---|
889 | | - | county, the supervisor shall notify the petition sponsor of the 600 |
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| 865 | + | ...(Residence Address)... 576 |
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| 866 | + | 577 |
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| 867 | + | (5) A ballot shall be counted only if: 578 |
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| 868 | + | (a) It is returned in the certificate envelope and return 579 |
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| 869 | + | mailing envelope; 580 |
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| 870 | + | (b) The elector's signature has been verified as provided 581 |
---|
| 871 | + | in this subsection; and 582 |
---|
| 872 | + | (c) It is received by the supervisor of elections not 583 |
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| 873 | + | later than 7 p.m. on the day of the election. 584 |
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| 874 | + | 585 |
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| 875 | + | The supervisor of election s shall open the return mailing 586 |
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| 876 | + | envelope and verify the signature and the provided identifying 587 |
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| 877 | + | number of each elector on the certificate return mailing 588 |
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| 878 | + | envelope with the signature and the number in on the elector's 589 |
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| 879 | + | registration records. Such verification m ay commence at any time 590 |
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| 880 | + | before prior to the canvass of votes. The supervisor of 591 |
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| 881 | + | elections shall safely keep the ballot unopened in his or her 592 |
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| 882 | + | office until the county canvassing board canvasses the vote. If 593 |
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| 883 | + | the supervisor of elections determines that an ele ctor to whom a 594 |
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| 884 | + | replacement ballot has been issued under subsection (4) has 595 |
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| 885 | + | voted more than once, the canvassing board shall determine which 596 |
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| 886 | + | ballot, if any, is to be counted. 597 |
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| 887 | + | (7) With respect to absent electors overseas entitled to 598 |
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| 888 | + | vote in the election, t he supervisor of elections shall mail an 599 |
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| 889 | + | official ballot with a secrecy envelope, a certificate envelope, 600 |
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902 | | - | misfiled petition. The supervisor shall promptly verify the 601 |
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903 | | - | signatures within 60 days after receipt of the petition forms 602 |
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904 | | - | and payment of a fee for the act ual cost of signature 603 |
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905 | | - | verification incurred by the supervisor. However, for petition 604 |
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906 | | - | forms submitted less than 60 days before February 1 of an even -605 |
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907 | | - | numbered year, the supervisor shall promptly verify the 606 |
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908 | | - | signatures within 30 days after receipt of the form and payment 607 |
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909 | | - | of the fee for signature verification. The supervisor shall 608 |
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910 | | - | promptly record, in the manner prescribed by the Secretary of 609 |
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911 | | - | State, the date each form is received by the supervisor, and the 610 |
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912 | | - | date the signature on the form is verified as valid. The 611 |
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913 | | - | supervisor may verify that the signature on a form is valid only 612 |
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914 | | - | if: 613 |
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915 | | - | 1. The form contains the original signature of the 614 |
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916 | | - | purported elector. 615 |
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917 | | - | 2. The purported elector has accurately recorded on the 616 |
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918 | | - | form the date on which he or she signed the form. 617 |
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919 | | - | 3. The form sets forth the purported elector's name, 618 |
---|
920 | | - | address, city, county, and voter registration number or date of 619 |
---|
921 | | - | birth. 620 |
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922 | | - | 4. The purported elector is, at the time he or she signs 621 |
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923 | | - | the form and at the time the form is verified, a duly qualified 622 |
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924 | | - | and registered elector in the state. 623 |
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925 | | - | 5. The signature was obtained legally, including that if a 624 |
---|
926 | | - | paid petition circulator was used, the circulator was validly 625 |
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| 902 | + | a return mailing envelope, and instructions sufficient to 601 |
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| 903 | + | describe the voting process to each such elector on a date 602 |
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| 904 | + | sufficient to allow such elector time to vote in the election 603 |
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| 905 | + | and to have his or her marked ballot reach the supervisor by 7 604 |
---|
| 906 | + | p.m. on the day of the election. 605 |
---|
| 907 | + | Section 14. Effective January 1, 2024, section 101.6104, 606 |
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| 908 | + | Florida Statutes, is amended to read: 607 |
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| 909 | + | 101.6104 Challenge of votes. —If any elector present for 608 |
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| 910 | + | the canvass of votes believes that any ballot is illegal due to 609 |
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| 911 | + | any defect apparent on the voter's certificate, the elector may, 610 |
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| 912 | + | at any time before the ballot is removed from the certificate 611 |
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| 913 | + | envelope, file with the canvassing boar d a protest against the 612 |
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| 914 | + | canvass of such ballot, specifying the reason he or she believes 613 |
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| 915 | + | the ballot to be illegal. No challenge based upon any defect on 614 |
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| 916 | + | the voter's certificate shall be accepted after the ballot has 615 |
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| 917 | + | been removed from the certificate return mailing envelope. 616 |
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| 918 | + | Section 15. Effective January 1, 2024, paragraphs (a) and 617 |
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| 919 | + | (c) of subsection (1) and subsection (2) of section 101.64, 618 |
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| 920 | + | Florida Statutes, are amended to read: 619 |
---|
| 921 | + | 101.64 Delivery of vote -by-mail ballots; envelopes; form. — 620 |
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| 922 | + | (1)(a) The supervisor shall enclose with each vote -by-mail 621 |
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| 923 | + | ballot three two envelopes: a secrecy envelope, into which the 622 |
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| 924 | + | absent elector shall enclose his or her marked ballot; a 623 |
---|
| 925 | + | certificate envelope, into which the absent elector shall place 624 |
---|
| 926 | + | the secrecy envelope; and a mailing envelope, into which the 625 |
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939 | | - | registered under subsection (3) when the signature was obtained. 626 |
---|
940 | | - | 627 |
---|
941 | | - | The supervisor shall retain all the signature forms, separating 628 |
---|
942 | | - | forms verified as valid from those deemed invalid, for at least 629 |
---|
943 | | - | 1 year following the election for in which the petition was 630 |
---|
944 | | - | circulated issue appeared on the ballot or until the division 631 |
---|
945 | | - | notifies the supervisors of elections that the com mittee that 632 |
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946 | | - | circulated the petition is no longer seeking to obtain ballot 633 |
---|
947 | | - | position. 634 |
---|
948 | | - | (c) On the last day of each month, or on the last day of 635 |
---|
949 | | - | each week from December 1 of an odd -numbered year through 636 |
---|
950 | | - | February 1 of the following year, each supervisor shall post on 637 |
---|
951 | | - | his or her website the total number of signatures submitted, the 638 |
---|
952 | | - | total number of invalid signatures, the total number of 639 |
---|
953 | | - | signatures processed, and the aggregate number of verified valid 640 |
---|
954 | | - | signatures and the distribution of such signatures by 641 |
---|
955 | | - | congressional district for each proposed amendment proposed by 642 |
---|
956 | | - | initiative, along with the following information specific to the 643 |
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957 | | - | reporting period: the total number of signed petition forms 644 |
---|
958 | | - | received, the total number of signatures verified, the 645 |
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959 | | - | distribution of veri fied valid signatures by congressional 646 |
---|
960 | | - | district, and the total number of verified petition forms 647 |
---|
961 | | - | forwarded to the Secretary of State. 648 |
---|
962 | | - | (13)(a) At the same time the Secretary of State submits an 649 |
---|
963 | | - | initiative petition to the Attorney General pursuant to s. 650 |
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| 939 | + | absent elector shall then place the certificate envelope 626 |
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| 940 | + | containing the secrecy envelope, which shall be addressed to the 627 |
---|
| 941 | + | supervisor. The certificate envelope must bear and also bear on 628 |
---|
| 942 | + | the back side a certificate in subs tantially the following form: 629 |
---|
| 943 | + | Note: Please Read Instructions Carefully Before 630 |
---|
| 944 | + | Marking Ballot and Completing Voter's Certificate. 631 |
---|
| 945 | + | VOTER'S CERTIFICATE 632 |
---|
| 946 | + | I, ...., do solemnly swear or affirm that I am a qualified 633 |
---|
| 947 | + | and registered voter of .... County, Florida, a nd that I have 634 |
---|
| 948 | + | not and will not vote more than one ballot in this election. I 635 |
---|
| 949 | + | understand that if I commit or attempt to commit any fraud in 636 |
---|
| 950 | + | connection with voting, vote a fraudulent ballot, or vote more 637 |
---|
| 951 | + | than once in an election, I can be convicted of a fel ony of the 638 |
---|
| 952 | + | third degree and fined up to $5,000 and/or imprisoned for up to 639 |
---|
| 953 | + | 5 years. I also understand that failure to sign this certificate 640 |
---|
| 954 | + | will invalidate my ballot. 641 |
---|
| 955 | + | ...(Date)... ...(Voter's Signature)... 642 |
---|
| 956 | + | ...(E-Mail Address)... ...(Home Telephone Number)... 643 |
---|
| 957 | + | ...(Mobile Telephone Number)... 644 |
---|
| 958 | + | ...(Last four digits of Florida Driver License (FL DL) or 645 |
---|
| 959 | + | Florida Identification Card (FL ID) number)... 646 |
---|
| 960 | + | ...(If no FL DL or FL ID, then provide last four digits of 647 |
---|
| 961 | + | social security number)... 648 |
---|
| 962 | + | 649 |
---|
| 963 | + | (c) The A mailing envelope, the certificate envelope, or 650 |
---|
976 | | - | 15.21, the secretary shall submit a copy of the initiative 651 |
---|
977 | | - | petition to the Financial Impact Estimating Conference. Within 652 |
---|
978 | | - | 75 days after receipt of a proposed revision or amendment to the 653 |
---|
979 | | - | State Constitution by initiative petition from the Secretary of 654 |
---|
980 | | - | State, the Financial Impact Estimating Conference shall complete 655 |
---|
981 | | - | an analysis and financial impact statement to be placed on the 656 |
---|
982 | | - | ballot of the estimated increase or decrease in any revenues or 657 |
---|
983 | | - | costs to state or local governments and the overall impact to 658 |
---|
984 | | - | the state budget resulting from the proposed initiative. The 75 -659 |
---|
985 | | - | day time limit is tolled when the Legislature is in session. The 660 |
---|
986 | | - | Financial Impact Estimating Conference shall submit the 661 |
---|
987 | | - | financial impact statement to the Attorney General and Secretary 662 |
---|
988 | | - | of State. If the initiative petition has been submitted to the 663 |
---|
989 | | - | Financial Impact Estimating Conference but the validity of 664 |
---|
990 | | - | signatures has expired and the initiative petition no longer 665 |
---|
991 | | - | qualifies for ballot placement at the ensuing general election, 666 |
---|
992 | | - | the Secretary of State mu st notify the Financial Impact 667 |
---|
993 | | - | Estimating Conference. The Financial Impact Estimating 668 |
---|
994 | | - | Conference is not required to complete an analysis and financial 669 |
---|
995 | | - | impact statement for an initiative petition that fails to meet 670 |
---|
996 | | - | the requirements of subsection (1) for pla cement on the ballot 671 |
---|
997 | | - | before the 75-day time limit, including any tolling period, 672 |
---|
998 | | - | expires. The initiative petition may be resubmitted to the 673 |
---|
999 | | - | Financial Impact Estimating Conference if the initiative 674 |
---|
1000 | | - | petition meets the requisite criteria for a subsequent gene ral 675 |
---|
| 976 | + | the secrecy envelope may not bear any indication of the 651 |
---|
| 977 | + | political affiliation of an absent elector. 652 |
---|
| 978 | + | (2) The voter's certificate shall be arranged on the back 653 |
---|
| 979 | + | of the mailing envelope so that the line for the signature of 654 |
---|
| 980 | + | the absent elector is across the seal of the envelope; however, 655 |
---|
| 981 | + | no statement shall appear on the envelope which indicates that a 656 |
---|
| 982 | + | signature of the voter must cross the seal of the envelope. The 657 |
---|
| 983 | + | absent elector shall execute the certificate on t he envelope. 658 |
---|
| 984 | + | Section 16. Effective January 1, 2024, section 101.65, 659 |
---|
| 985 | + | Florida Statutes, is amended to read: 660 |
---|
| 986 | + | 101.65 Instructions to absent electors. —The supervisor 661 |
---|
| 987 | + | shall enclose with each vote -by-mail ballot separate printed 662 |
---|
| 988 | + | instructions in substantiall y the following form; however, where 663 |
---|
| 989 | + | the instructions appear in capitalized text, the text of the 664 |
---|
| 990 | + | printed instructions must be in bold font: 665 |
---|
| 991 | + | READ THESE INSTRUCTIONS CAREFULLY 666 |
---|
| 992 | + | BEFORE MARKING BALLOT. 667 |
---|
| 993 | + | 1. VERY IMPORTANT. In order to ensure that your vote -by-668 |
---|
| 994 | + | mail ballot will be counted, it should be completed and returned 669 |
---|
| 995 | + | as soon as possible so that it can reach the supervisor of 670 |
---|
| 996 | + | elections of the county in which your precinct is located no 671 |
---|
| 997 | + | later than 7 p.m. on the day of the election. However, if you 672 |
---|
| 998 | + | are an overseas voter casting a ballot in a presidential 673 |
---|
| 999 | + | preference primary or general election, your vote -by-mail ballot 674 |
---|
| 1000 | + | must be postmarked or dated no later than the date of the 675 |
---|
1013 | | - | election cycle. A new Financial Impact Estimating Conference 676 |
---|
1014 | | - | shall be established at such time as the initiative petition 677 |
---|
1015 | | - | again satisfies the criteria in s. 15.21(1). 678 |
---|
1016 | | - | Section 13. Section 101.019, Florida Statutes, is created 679 |
---|
1017 | | - | to read: 680 |
---|
1018 | | - | 101.019 Ranked-choice voting prohibited. — 681 |
---|
1019 | | - | (1) A ranked-choice voting method that allows voters to 682 |
---|
1020 | | - | rank candidates for an office in order of preference and have 683 |
---|
1021 | | - | ballots cast be tabulated in multiple rounds following the 684 |
---|
1022 | | - | elimination of a candidate until a single candi date attains a 685 |
---|
1023 | | - | majority may not be used in determining the election or 686 |
---|
1024 | | - | nomination of any candidate to any local, state, or federal 687 |
---|
1025 | | - | elective office in this state. 688 |
---|
1026 | | - | (2) Any existing or future ordinance enacted or adopted by 689 |
---|
1027 | | - | a county, a municipality, or any other local governmental entity 690 |
---|
1028 | | - | which is in conflict with this section is void. 691 |
---|
1029 | | - | Section 14. Paragraphs (b) and (c) of subsection (1) of 692 |
---|
1030 | | - | section 101.043, Florida Statutes, are amended to read: 693 |
---|
1031 | | - | 101.043 Identification required at polls. — 694 |
---|
1032 | | - | (1) 695 |
---|
1033 | | - | (b) If the picture identification does not contain the 696 |
---|
1034 | | - | signature of the elector, an additional identification that 697 |
---|
1035 | | - | provides the elector's signature shall be required. The address 698 |
---|
1036 | | - | appearing on the identification presented by the elector may not 699 |
---|
1037 | | - | be used as the basis to confirm an elector's legal residence or 700 |
---|
| 1013 | + | election and received by the supervisor of elections of the 676 |
---|
| 1014 | + | county in which you are r egistered to vote no later than 10 days 677 |
---|
| 1015 | + | after the date of the election. Note that the later you return 678 |
---|
| 1016 | + | your ballot, the less time you will have to cure any signature 679 |
---|
| 1017 | + | deficiencies, which is authorized until 5 p.m. on the 2nd day 680 |
---|
| 1018 | + | after the election. 681 |
---|
| 1019 | + | 2. Mark your ballot in secret as instructed on the ballot. 682 |
---|
| 1020 | + | You must mark your own ballot unless you are unable to do so 683 |
---|
| 1021 | + | because of blindness, disability, or inability to read or write. 684 |
---|
| 1022 | + | 3. Mark only the number of candidates or issue choices for 685 |
---|
| 1023 | + | a race as indicated on the ballot. If you are allowed to "Vote 686 |
---|
| 1024 | + | for One" candidate and you vote for more than one candidate, 687 |
---|
| 1025 | + | your vote in that race will not be counted. 688 |
---|
| 1026 | + | 4. Place your marked ballot in the enclosed secrecy 689 |
---|
| 1027 | + | envelope. 690 |
---|
| 1028 | + | 5. Insert the secrecy envelope into th e enclosed 691 |
---|
| 1029 | + | certificate envelope. Seal the envelope and completely fill out 692 |
---|
| 1030 | + | the Voter's Certificate on the envelope mailing envelope which 693 |
---|
| 1031 | + | is addressed to the supervisor . 694 |
---|
| 1032 | + | 6. Seal the mailing envelope and completely fill out the 695 |
---|
| 1033 | + | Voter's Certificate on the back of the mailing envelope. 696 |
---|
| 1034 | + | 6.7. VERY IMPORTANT. In order for your vote -by-mail ballot 697 |
---|
| 1035 | + | to be counted, you must sign your name on the line above 698 |
---|
| 1036 | + | (Voter's Signature) on the certificate envelope . A vote-by-mail 699 |
---|
| 1037 | + | ballot will be considered illegal and not be counted if the 700 |
---|
1050 | | - | otherwise challenge an elector's legal residence. The elector 701 |
---|
1051 | | - | shall sign his or her name in the space provided on the precinct 702 |
---|
1052 | | - | register or on an electronic device provided for recording the 703 |
---|
1053 | | - | elector's signature. T he clerk or inspector shall compare the 704 |
---|
1054 | | - | signature with that on the identification provided by the 705 |
---|
1055 | | - | elector and enter his or her initials in the space provided on 706 |
---|
1056 | | - | the precinct register or on an electronic device provided for 707 |
---|
1057 | | - | that purpose and allow the electo r to vote if the clerk or 708 |
---|
1058 | | - | inspector is satisfied as to the identity of the elector. 709 |
---|
1059 | | - | (c) When an elector presents his or her picture 710 |
---|
1060 | | - | identification to the clerk or inspector and the elector's 711 |
---|
1061 | | - | address on the picture identification matches the elector's 712 |
---|
1062 | | - | address in the supervisor's records, the elector may not be 713 |
---|
1063 | | - | asked to provide additional information or to recite his or her 714 |
---|
1064 | | - | home address. 715 |
---|
1065 | | - | Section 15. Paragraph (a) of subsection (4) and subsection 716 |
---|
1066 | | - | (8) of section 101.5614, Florida Statutes, are amended to read: 717 |
---|
1067 | | - | 101.5614 Canvass of returns. — 718 |
---|
1068 | | - | (4)(a) If any vote-by-mail ballot is physically damaged so 719 |
---|
1069 | | - | that it cannot properly be counted by the voting system's 720 |
---|
1070 | | - | automatic tabulating equipment, a true duplicate copy shall be 721 |
---|
1071 | | - | made of the damaged ballot in an open and accessible room in the 722 |
---|
1072 | | - | presence of witnesses and substituted for the damaged ballot. 723 |
---|
1073 | | - | Likewise, a duplicate ballot shall be made of a vote -by-mail 724 |
---|
1074 | | - | ballot containing an overvoted race if there is a clear 725 |
---|
| 1050 | + | signature on the Voter's Certificate does not match the 701 |
---|
| 1051 | + | signature on record. The signature on file at the time the 702 |
---|
| 1052 | + | supervisor of elections in the county in which your precinct is 703 |
---|
| 1053 | + | located receives your vote -by-mail ballot is the signature th at 704 |
---|
| 1054 | + | will be used to verify your signature on the Voter's 705 |
---|
| 1055 | + | Certificate. If you need to update your signature for this 706 |
---|
| 1056 | + | election, send your signature update on a voter registration 707 |
---|
| 1057 | + | application to your supervisor of elections so that it is 708 |
---|
| 1058 | + | received before your v ote-by-mail ballot is received. 709 |
---|
| 1059 | + | 7. VERY IMPORTANT. In order for your vote -by-mail ballot 710 |
---|
| 1060 | + | to be counted, you must also enter in the space provided on the 711 |
---|
| 1061 | + | Voter's Certificate the last four digits of your Florida driver 712 |
---|
| 1062 | + | license number or the last four digit s of your Florida 713 |
---|
| 1063 | + | identification card number, or, if you have neither a Florida 714 |
---|
| 1064 | + | driver license nor a Florida identification card, the last four 715 |
---|
| 1065 | + | digits of your social security number. A vote -by-mail ballot 716 |
---|
| 1066 | + | will be considered illegal and not be counted if th e number 717 |
---|
| 1067 | + | provided does not match a number in the supervisor's records. 718 |
---|
| 1068 | + | 8. VERY IMPORTANT. If you are an overseas voter, you must 719 |
---|
| 1069 | + | include the date you signed the Voter's Certificate on the line 720 |
---|
| 1070 | + | above (Date) or your ballot may not be counted. 721 |
---|
| 1071 | + | 9. Place the certificate envelope into the enclosed 722 |
---|
| 1072 | + | mailing envelope addressed to the supervisor and seal the 723 |
---|
| 1073 | + | mailing envelope. 724 |
---|
| 1074 | + | 10.9. Mail, deliver, or have delivered the completed 725 |
---|
1087 | | - | indication on the ballot that the voter has made a definite 726 |
---|
1088 | | - | choice in the overvoted rac e or ballot measure. A duplicate 727 |
---|
1089 | | - | shall include all valid votes as determined by the canvassing 728 |
---|
1090 | | - | board based on rules adopted by the division pursuant to s. 729 |
---|
1091 | | - | 102.166(4). A duplicate may be made of a ballot containing an 730 |
---|
1092 | | - | undervoted race or ballot measure if th ere is a clear indication 731 |
---|
1093 | | - | on the ballot that the voter has made a definite choice in the 732 |
---|
1094 | | - | undervoted race or ballot measure. A duplicate may not include a 733 |
---|
1095 | | - | vote if the voter's intent in such race or on such measure is 734 |
---|
1096 | | - | not clear. Upon request, a physically pr esent candidate, a 735 |
---|
1097 | | - | political party official, a political committee official, or an 736 |
---|
1098 | | - | authorized designee thereof, must be allowed to observe the 737 |
---|
1099 | | - | duplication of ballots upon signing an affidavit affirming his 738 |
---|
1100 | | - | or her acknowledgment that disclosure of election results 739 |
---|
1101 | | - | discerned from observing the ballot duplication process while 740 |
---|
1102 | | - | the election is ongoing is a felony, as provided under 741 |
---|
1103 | | - | subsection (8). The observer must be allowed to observe the 742 |
---|
1104 | | - | duplication of ballots in such a way that the observer is able 743 |
---|
1105 | | - | to see the markings on each ballot and the duplication taking 744 |
---|
1106 | | - | place. All duplicate ballots must be clearly labeled 745 |
---|
1107 | | - | "duplicate," bear a serial number which shall be recorded on the 746 |
---|
1108 | | - | defective ballot, and be counted in lieu of the defective 747 |
---|
1109 | | - | ballot. The duplication of ballots must happen in the presence 748 |
---|
1110 | | - | of at least one canvassing board member. After a ballot has been 749 |
---|
1111 | | - | duplicated, the defective ballot shall be placed in an envelope 750 |
---|
| 1087 | + | mailing envelope. Be sure there is sufficient postage if mailed. 726 |
---|
| 1088 | + | THE COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF 727 |
---|
| 1089 | + | THE SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT 728 |
---|
| 1090 | + | IS LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX, 729 |
---|
| 1091 | + | AVAILABLE AT EACH EARLY VOTING LOCATION. 730 |
---|
| 1092 | + | 11.10. FELONY NOTICE. It is a felony under Florida law to 731 |
---|
| 1093 | + | accept any gift, payment, or gratuity in exchange for your vote 732 |
---|
| 1094 | + | for a candidate. It is also a felony under Florida law to vote 733 |
---|
| 1095 | + | in an election using a false identity or false address, or under 734 |
---|
| 1096 | + | any other circumstances making your ballot false or fraudulent. 735 |
---|
| 1097 | + | Section 17. Effective January 1, 2024, subsection (1), 736 |
---|
| 1098 | + | paragraph (c) of subsection (2), and paragraph (a) of subsection 737 |
---|
| 1099 | + | (4) of section 101.68, Florida Statutes, are amended to read: 738 |
---|
| 1100 | + | 101.68 Canvassing of vote -by-mail ballot.— 739 |
---|
| 1101 | + | (1) The supervisor of the county where the absent elector 740 |
---|
| 1102 | + | resides shall receive the voted ballot . Upon receipt, at which 741 |
---|
| 1103 | + | time the supervisor shall open the mailing envelope and then 742 |
---|
| 1104 | + | compare the signature and the provided partial driver license 743 |
---|
| 1105 | + | number, identification card number, or social security number of 744 |
---|
| 1106 | + | the elector on the voter's certificate with the signature and 745 |
---|
| 1107 | + | the partial identification number of the elector in the 746 |
---|
| 1108 | + | registration books or the precinct register to determine whether 747 |
---|
| 1109 | + | the elector is duly registe red in the county and must record on 748 |
---|
| 1110 | + | the elector's registration record that the elector has voted. 749 |
---|
| 1111 | + | During the verification signature comparison process, the 750 |
---|
1124 | | - | provided for that purpose, and the duplicate ballot shall be 751 |
---|
1125 | | - | tallied with the other ballot s for that precinct. If any 752 |
---|
1126 | | - | observer makes a reasonable objection to a duplicate of a 753 |
---|
1127 | | - | ballot, the ballot must be presented to the canvassing board for 754 |
---|
1128 | | - | a determination of the validity of the duplicate. The canvassing 755 |
---|
1129 | | - | board must document the serial number of the ballot in the 756 |
---|
1130 | | - | canvassing board's minutes. The canvassing board must decide 757 |
---|
1131 | | - | whether the duplication is valid. If the duplicate ballot is 758 |
---|
1132 | | - | determined to be valid, the duplicate ballot must be counted. If 759 |
---|
1133 | | - | the duplicate ballot is determined to be invalid, the duplicate 760 |
---|
1134 | | - | ballot must be rejected and a proper duplicate ballot must be 761 |
---|
1135 | | - | made and counted in lieu of the original. 762 |
---|
1136 | | - | (8) Any supervisor of elections, deputy supervisor of 763 |
---|
1137 | | - | elections, canvassing board member, election board member, or 764 |
---|
1138 | | - | election employee, or other person authorized to observe, 765 |
---|
1139 | | - | review, or inspect ballot materials or observe canvassing who 766 |
---|
1140 | | - | releases any information about votes cast for or against any 767 |
---|
1141 | | - | candidate or ballot measure or any the results of any election 768 |
---|
1142 | | - | before prior to the closing of the polls in that county on 769 |
---|
1143 | | - | election day commits a felony of the third degree, punishable as 770 |
---|
1144 | | - | provided in s. 775.082, s. 775.083, or s. 775.084. 771 |
---|
1145 | | - | Section 16. Subsections (1) and (6) of section 101.6103, 772 |
---|
1146 | | - | Florida Statutes, are amended to read: 773 |
---|
1147 | | - | 101.6103 Mail ballot election procedure. — 774 |
---|
1148 | | - | (1) Except as otherwise provided in subsection (7), the 775 |
---|
| 1124 | + | supervisor may not use any knowledge of the political 751 |
---|
| 1125 | + | affiliation of the voter whose signature and partial 752 |
---|
| 1126 | + | identification number are is subject to verification. An elector 753 |
---|
| 1127 | + | who dies after casting a vote -by-mail ballot but on or before 754 |
---|
| 1128 | + | election day shall remain listed in the registration books until 755 |
---|
| 1129 | + | the results have been certified for the election in whic h the 756 |
---|
| 1130 | + | ballot was cast. The supervisor shall safely keep the ballot 757 |
---|
| 1131 | + | unopened in his or her office until the county canvassing board 758 |
---|
| 1132 | + | canvasses the vote. Except as provided in subsection (4), after 759 |
---|
| 1133 | + | a vote-by-mail ballot is received by the supervisor, the ball ot 760 |
---|
| 1134 | + | is deemed to have been cast, and changes or additions may not be 761 |
---|
| 1135 | + | made to the voter's certificate. 762 |
---|
| 1136 | + | (2) 763 |
---|
| 1137 | + | (c)1. The canvassing board must, if the supervisor has not 764 |
---|
| 1138 | + | already done so, compare the signature of the elector on the 765 |
---|
| 1139 | + | voter's certificate or on the vote -by-mail ballot cure affidavit 766 |
---|
| 1140 | + | as provided in subsection (4) with the signature of the elector 767 |
---|
| 1141 | + | in the registration books or the precinct register to see that 768 |
---|
| 1142 | + | the elector is duly registered in the county and to determine 769 |
---|
| 1143 | + | the legality of that vote -by-mail ballot. In addition, if the 770 |
---|
| 1144 | + | supervisor has not already done so, the canvassing board must 771 |
---|
| 1145 | + | also determine if the elector provided the last four digits of 772 |
---|
| 1146 | + | his or her Florida driver license number, the last four digits 773 |
---|
| 1147 | + | of his or her Florida identification card number, or the last 774 |
---|
| 1148 | + | four digits of his or her social security number in the 775 |
---|
1161 | | - | supervisor of elections shall mail all official ballots with a 776 |
---|
1162 | | - | secrecy envelope, a return mailing envelope, and instructions 777 |
---|
1163 | | - | sufficient to describe the voting proces s to each elector 778 |
---|
1164 | | - | entitled to vote in the election within the timeframes specified 779 |
---|
1165 | | - | in s. 101.62(4) not sooner than the 20th day before the election 780 |
---|
1166 | | - | and not later than the 10th day before the date of the election . 781 |
---|
1167 | | - | All such ballots shall be mailed by first -class mail. Ballots 782 |
---|
1168 | | - | shall be addressed to each elector at the address appearing in 783 |
---|
1169 | | - | the registration records and placed in an envelope which is 784 |
---|
1170 | | - | prominently marked "Do Not Forward." 785 |
---|
1171 | | - | (6) The canvassing board may begin the canvassing of mail 786 |
---|
1172 | | - | ballots as provided by s. 101.68(2)(a). The criminal penalty 787 |
---|
1173 | | - | specified in that paragraph for the release of results before 7 788 |
---|
1174 | | - | p.m. on election day is also applicable to canvassing conducted 789 |
---|
1175 | | - | under this act at 7 a.m. on the sixth day before the election, 790 |
---|
1176 | | - | including processing the ballots through the tabulating 791 |
---|
1177 | | - | equipment. However, results may not be released until after 7 792 |
---|
1178 | | - | p.m. on election day. Any canvassing board member or election 793 |
---|
1179 | | - | employee who releases any result before 7 p.m. on election day 794 |
---|
1180 | | - | commits a felony of the third degr ee, punishable as provided in 795 |
---|
1181 | | - | s. 775.082, s. 775.083, or s. 775.084. 796 |
---|
1182 | | - | Section 17. Subsection (1) of section 101.655, Florida 797 |
---|
1183 | | - | Statutes, is amended to read: 798 |
---|
1184 | | - | 101.655 Supervised voting by absent electors in certain 799 |
---|
1185 | | - | facilities.— 800 |
---|
| 1161 | + | appropriate space on the voter's certificate and that the number 776 |
---|
| 1162 | + | provided matches the supervisor's records. 777 |
---|
| 1163 | + | 2. A vote-by-mail ballot may only be counted if the 778 |
---|
| 1164 | + | criteria under both sub -subparagraphs a. and b. are met : 779 |
---|
| 1165 | + | a.(I) The signature on the voter's certificate or the cure 780 |
---|
| 1166 | + | affidavit matches the elector's signature in the registration 781 |
---|
| 1167 | + | books or precinct register; however, in the case of a cure 782 |
---|
| 1168 | + | affidavit, the supporting identification listed in subsection 783 |
---|
| 1169 | + | (4) must also confirm the identity of the elector; or 784 |
---|
| 1170 | + | (II)b. The cure affidavit contains a signature that does 785 |
---|
| 1171 | + | not match the elector's signature in the registration books or 786 |
---|
| 1172 | + | precinct register, but the elector has submitted a current and 787 |
---|
| 1173 | + | valid Tier 1 identification pursuant to subsection (4) which 788 |
---|
| 1174 | + | confirms the identity of the e lector. 789 |
---|
| 1175 | + | b.(I) The elector provided the last four digits of his or 790 |
---|
| 1176 | + | her Florida driver license number, Florida identification card 791 |
---|
| 1177 | + | number, or social security number on the voter's certificate 792 |
---|
| 1178 | + | which matches the supervisor's records; however, in the case of 793 |
---|
| 1179 | + | a cure affidavit, the supporting identification listed in 794 |
---|
| 1180 | + | subsection (4) must also confirm the identity of the elector; or 795 |
---|
| 1181 | + | (II) The cure affidavit does not contain the last four 796 |
---|
| 1182 | + | digits of a Florida driver license number, Florida 797 |
---|
| 1183 | + | identification card number, or social security number which 798 |
---|
| 1184 | + | matches a number in the supervisor's records, but the elector 799 |
---|
| 1185 | + | has submitted a current and valid Tier 1 identification pursuant 800 |
---|
1198 | | - | (1) The supervisor of ele ctions of a county shall provide 801 |
---|
1199 | | - | supervised voting for absent electors residing in any assisted 802 |
---|
1200 | | - | living facility, as defined in s. 429.02, or nursing home 803 |
---|
1201 | | - | facility, as defined in s. 400.021, within that county at the 804 |
---|
1202 | | - | request of any administrator of such a f acility. Such request 805 |
---|
1203 | | - | for supervised voting in the facility shall be made by 806 |
---|
1204 | | - | submitting a written request to the supervisor of elections no 807 |
---|
1205 | | - | later than 28 21 days prior to the election for which that 808 |
---|
1206 | | - | request is submitted. The request shall specify the name and 809 |
---|
1207 | | - | address of the facility and the name of the electors who wish to 810 |
---|
1208 | | - | vote by mail in that election. If the request contains the names 811 |
---|
1209 | | - | of fewer than five voters, the supervisor of elections is not 812 |
---|
1210 | | - | required to provide supervised voting. 813 |
---|
1211 | | - | Section 18. Section 102.091, Florida Statutes, is amended 814 |
---|
1212 | | - | to read: 815 |
---|
1213 | | - | 102.091 Duty of sheriff to watch for violations; 816 |
---|
1214 | | - | appointment of special officers. — 817 |
---|
1215 | | - | (1) The sheriff shall exercise strict vigilance in the 818 |
---|
1216 | | - | detection of any violations of the election laws and in 819 |
---|
1217 | | - | apprehending the violators. 820 |
---|
1218 | | - | (2) The Governor, in consultation with the executive 821 |
---|
1219 | | - | director of the Department of Law Enforcement, shall may appoint 822 |
---|
1220 | | - | special officers to investigate alleged violations of the 823 |
---|
1221 | | - | election laws, when it is deemed necessary to see that violators 824 |
---|
1222 | | - | of the election laws are apprehended and punished. A special 825 |
---|
| 1198 | + | to subsection (4) which confirms the identity of the elector. 801 |
---|
| 1199 | + | 802 |
---|
| 1200 | + | For purposes of this subparagraph, any canvassing board finding 803 |
---|
| 1201 | + | that an elector's signatures do not match must be by majority 804 |
---|
| 1202 | + | vote and beyond a reasonable doubt. 805 |
---|
| 1203 | + | 3.2. The ballot of an elector who casts a vote -by-mail 806 |
---|
| 1204 | + | ballot shall be counted even if the elector dies on or before 807 |
---|
| 1205 | + | election day, as long as, before the death of the voter, the 808 |
---|
| 1206 | + | ballot was postmarked by the United States Postal Service, date -809 |
---|
| 1207 | + | stamped with a verifiable tracking number by a common carrier, 810 |
---|
| 1208 | + | or already in the possession of the supervisor. 811 |
---|
| 1209 | + | 4.3. A vote-by-mail ballot is not considered illegal if 812 |
---|
| 1210 | + | the signature of the elector does not cross the seal of the 813 |
---|
| 1211 | + | certificate mailing envelope. 814 |
---|
| 1212 | + | 5.4. If any elector or candidate present believes that a 815 |
---|
| 1213 | + | vote-by-mail ballot is illegal due to a defect apparent on the 816 |
---|
| 1214 | + | voter's certificate or the cure affidavit, he or she may, at any 817 |
---|
| 1215 | + | time before the ballot is removed from the certificate envelope, 818 |
---|
| 1216 | + | file with the canvassing board a protest against the canvass of 819 |
---|
| 1217 | + | that ballot, specifying the precinct, the voter's certificate or 820 |
---|
| 1218 | + | the cure affidavit, and the reason he or she believes the ballot 821 |
---|
| 1219 | + | to be illegal. A challenge based upon a defect in the voter's 822 |
---|
| 1220 | + | certificate or cure affidavit may not be accepted after the 823 |
---|
| 1221 | + | ballot has been removed from the certificate mailing envelope. 824 |
---|
| 1222 | + | 6.5. If the canvassing board determines that a ballot is 825 |
---|
1235 | | - | officer must be a sworn special agent employed by the Department 826 |
---|
1236 | | - | of Law Enforcement. At least one special officer must be 827 |
---|
1237 | | - | designated in each operational region of the Department of Law 828 |
---|
1238 | | - | Enforcement to serve as a dedicated investigator of alleged 829 |
---|
1239 | | - | violations of the election laws. Appointment as a special 830 |
---|
1240 | | - | officer does not preclude a sworn special agent from conducting 831 |
---|
1241 | | - | other investigations of alleged violations of law, provided that 832 |
---|
1242 | | - | such other investigations do not hinder or interfere with the 833 |
---|
1243 | | - | individual's ability to investigate alleged violations of the 834 |
---|
1244 | | - | election laws. 835 |
---|
1245 | | - | Section 19. Section 102.101, Florida Statutes, is amended 836 |
---|
1246 | | - | to read: 837 |
---|
1247 | | - | 102.101 Sheriff and other officers not allowed in pollin g 838 |
---|
1248 | | - | place.—A No sheriff, a deputy sheriff, a police officer, a 839 |
---|
1249 | | - | special officer appointed pursuant to s. 102.091, or any other 840 |
---|
1250 | | - | officer of the law is not shall be allowed within a the polling 841 |
---|
1251 | | - | place without permission from the clerk or a majority of the 842 |
---|
1252 | | - | inspectors, except to cast his or her ballot. Upon the failure 843 |
---|
1253 | | - | of any such officer of said officers to comply with this section 844 |
---|
1254 | | - | provision, the clerk or the inspectors must or any one of them 845 |
---|
1255 | | - | shall make an affidavit against the such officer for his or her 846 |
---|
1256 | | - | arrest. 847 |
---|
1257 | | - | Section 20. Subsection (2) of section 104.0616, Florida 848 |
---|
1258 | | - | Statutes, is amended to read: 849 |
---|
1259 | | - | 104.0616 Vote-by-mail ballots and voting; violations. — 850 |
---|
| 1235 | + | illegal, a member of the board must, without opening the 826 |
---|
| 1236 | + | certificate envelope, mark across the face of the envelope: 827 |
---|
| 1237 | + | "rejected as illegal." The cure affidavit, if applicable, the 828 |
---|
| 1238 | + | envelope, and the ballot therein shall be preserved in the 829 |
---|
| 1239 | + | manner that official ballots are preserved. 830 |
---|
| 1240 | + | (4)(a) As soon as practicable, the supervisor shall, on 831 |
---|
| 1241 | + | behalf of the county canvassing board, attempt to notify an 832 |
---|
| 1242 | + | elector who has returned a vote -by-mail ballot that does not 833 |
---|
| 1243 | + | include the elector's signature or contains a signature that 834 |
---|
| 1244 | + | does not match the elector's signature in the registration books 835 |
---|
| 1245 | + | or precinct register, that does not include the last four digits 836 |
---|
| 1246 | + | of the elector's Florida driver license number, Florida 837 |
---|
| 1247 | + | identification card number, or social security number, or on 838 |
---|
| 1248 | + | which the number provided does not match the supervisor's 839 |
---|
| 1249 | + | records, by: 840 |
---|
| 1250 | + | 1. Notifying the elector of the signature deficiency by e-841 |
---|
| 1251 | + | mail and directing the elector to the cure affidavit and 842 |
---|
| 1252 | + | instructions on the supervisor's website; 843 |
---|
| 1253 | + | 2. Notifying the elector of the signature deficiency by 844 |
---|
| 1254 | + | text message and directing the elector to the c ure affidavit and 845 |
---|
| 1255 | + | instructions on the supervisor's website; or 846 |
---|
| 1256 | + | 3. Notifying the elector of the signature deficiency by 847 |
---|
| 1257 | + | telephone and directing the elector to the cure affidavit and 848 |
---|
| 1258 | + | instructions on the supervisor's website. 849 |
---|
| 1259 | + | 850 |
---|
1272 | | - | (2) Any person who distributes , orders, requests, 851 |
---|
1273 | | - | collects, delivers, or otherwise physically possesses more than 852 |
---|
1274 | | - | two vote-by-mail ballots per election in addition to his or her 853 |
---|
1275 | | - | own ballot or a ballot belonging to an immediate family member, 854 |
---|
1276 | | - | except as provided in ss. 101.6105 -101.694, including supervised 855 |
---|
1277 | | - | voting at assisted living facilities and nursing home facilities 856 |
---|
1278 | | - | as authorized under s. 101.655, commits a felony misdemeanor of 857 |
---|
1279 | | - | the third first degree, punishable as provided in s. 775.082 , or 858 |
---|
1280 | | - | s. 775.083, or s. 775.084. 859 |
---|
1281 | | - | Section 21. Subsection (2) of section 104.185, Florida 860 |
---|
1282 | | - | Statutes, is amended to read: 861 |
---|
1283 | | - | 104.185 Petitions; knowingly signing more than once; 862 |
---|
1284 | | - | signing another person's name or a fictitious name. — 863 |
---|
1285 | | - | (2) A person who signs another person's name or a 864 |
---|
1286 | | - | fictitious name to an y petition to secure ballot position for a 865 |
---|
1287 | | - | candidate, a minor political party, or an issue commits a felony 866 |
---|
1288 | | - | misdemeanor of the third first degree, punishable as provided in 867 |
---|
1289 | | - | s. 775.082, or s. 775.083, or s. 775.084. 868 |
---|
1290 | | - | Section 22. Section 104.186, Florida Statutes, is amended 869 |
---|
1291 | | - | to read: 870 |
---|
1292 | | - | 104.186 Initiative petitions; violations. —A person who 871 |
---|
1293 | | - | compensates a petition circulator as defined in s. 97.021 based 872 |
---|
1294 | | - | on the number of petition forms gathered commits a felony 873 |
---|
1295 | | - | misdemeanor of the third first degree, punishable as provided in 874 |
---|
1296 | | - | s. 775.082, or s. 775.083, or s. 775.084. This section does not 875 |
---|
| 1272 | + | In addition to the notificatio n required under subparagraph 1., 851 |
---|
| 1273 | + | subparagraph 2., or subparagraph 3., the supervisor must notify 852 |
---|
| 1274 | + | the elector of the signature deficiency by first-class mail and 853 |
---|
| 1275 | + | direct the elector to the cure affidavit and instructions on the 854 |
---|
| 1276 | + | supervisor's website. Beginni ng the day before the election, the 855 |
---|
| 1277 | + | supervisor is not required to provide notice of the signature 856 |
---|
| 1278 | + | deficiency by first-class mail, but shall continue to provide 857 |
---|
| 1279 | + | notice as required under subparagraph 1., subparagraph 2., or 858 |
---|
| 1280 | + | subparagraph 3. 859 |
---|
| 1281 | + | Section 18. Effective January 1, 2024, subsections (2) and 860 |
---|
| 1282 | + | (4) of section 101.6921, Florida Statutes, are amended to read: 861 |
---|
| 1283 | + | 101.6921 Delivery of special vote -by-mail ballot to 862 |
---|
| 1284 | + | certain first-time voters.— 863 |
---|
| 1285 | + | (2) The supervisor shall enclose with each vote -by-mail 864 |
---|
| 1286 | + | ballot three envelopes: a secrecy envelope, into which the 865 |
---|
| 1287 | + | absent elector will enclose his or her marked ballot; the 866 |
---|
| 1288 | + | certificate an envelope containing the Voter's Certificate, into 867 |
---|
| 1289 | + | which the absent elector shall place the secrecy envelope; and a 868 |
---|
| 1290 | + | mailing envelope, which shall be addressed to the supervisor and 869 |
---|
| 1291 | + | into which the absent elector will place the certificate 870 |
---|
| 1292 | + | envelope containing the Voter's Certificate and a copy of the 871 |
---|
| 1293 | + | required identification. 872 |
---|
| 1294 | + | (4) The certificate shall be arranged on the back of the 873 |
---|
| 1295 | + | certificate envelope so that the line for the signature of the 874 |
---|
| 1296 | + | absent elector is across the seal of the envelope. 875 |
---|
1309 | | - | prohibit employment relationships that do not base payment on 876 |
---|
1310 | | - | the number of signatures collected. 877 |
---|
1311 | | - | Section 23. Subsection (2) of section 124.011, Florida 878 |
---|
1312 | | - | Statutes, is amended to read: 879 |
---|
1313 | | - | 124.011 Alternate procedure for the election of county 880 |
---|
1314 | | - | commissioners to provide for single -member representation ; 881 |
---|
1315 | | - | applicability.— 882 |
---|
1316 | | - | (2)(a) All commissioners shall be elected for 4 -year terms 883 |
---|
1317 | | - | which shall be staggered so that, alternately, one more or one 884 |
---|
1318 | | - | less than half of the commissioners elected from residence areas 885 |
---|
1319 | | - | and, if applicable, one of the commissioners elected at large 886 |
---|
1320 | | - | from the entire county are elected every 2 years, except that 887 |
---|
1321 | | - | any commissioner may be elected to an initial term of less than 888 |
---|
1322 | | - | 4 years if necessary to achieve or maintain such system of 889 |
---|
1323 | | - | staggered terms. Notwithstanding any law to the contrary, at the 890 |
---|
1324 | | - | general election immediately following redistricting directed by 891 |
---|
1325 | | - | s. 1(e), Art. VIII of the State Constitution, each co mmissioner 892 |
---|
1326 | | - | elected only by electors who reside in the district must be 893 |
---|
1327 | | - | elected and terms thereafter shall be staggered as provided in 894 |
---|
1328 | | - | s. 100.041. 895 |
---|
1329 | | - | (b) The term of a commissioner elected under paragraph (a) 896 |
---|
1330 | | - | commences on the second Tuesday after such electi on. 897 |
---|
1331 | | - | (c) This subsection does not apply to: 898 |
---|
1332 | | - | 1. Miami-Dade County. 899 |
---|
1333 | | - | 2. Any county the charter of which limits the number of 900 |
---|
| 1309 | + | Section 19. Effective January 1, 2024, section 101.6923, 876 |
---|
| 1310 | + | Florida Statutes, is amended to read: 877 |
---|
| 1311 | + | 101.6923 Special vote -by-mail ballot instruct ions for 878 |
---|
| 1312 | + | certain first-time voters.— 879 |
---|
| 1313 | + | (1) The provisions of this section apply to voters who are 880 |
---|
| 1314 | + | subject to the provisions of s. 97.0535 and who have not 881 |
---|
| 1315 | + | provided the identification or information required by s. 882 |
---|
| 1316 | + | 97.0535 by the time the vote -by-mail ballot is mailed. 883 |
---|
| 1317 | + | (2) A voter covered by this section shall be provided with 884 |
---|
| 1318 | + | printed instructions with his or her vote -by-mail ballot in 885 |
---|
| 1319 | + | substantially the following form: 886 |
---|
| 1320 | + | 887 |
---|
| 1321 | + | READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 888 |
---|
| 1322 | + | BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 889 |
---|
| 1323 | + | YOUR BALLOT NOT TO COUNT. 890 |
---|
| 1324 | + | 891 |
---|
| 1325 | + | 1. In order to ensure that your vote -by-mail ballot will 892 |
---|
| 1326 | + | be counted, it should be completed and returned as soon as 893 |
---|
| 1327 | + | possible so that it can reach the supervisor of elections of the 894 |
---|
| 1328 | + | county in which your pr ecinct is located no later than 7 p.m. on 895 |
---|
| 1329 | + | the date of the election. However, if you are an overseas voter 896 |
---|
| 1330 | + | casting a ballot in a presidential preference primary or general 897 |
---|
| 1331 | + | election, your vote-by-mail ballot must be postmarked or dated 898 |
---|
| 1332 | + | no later than the date of the election and received by the 899 |
---|
| 1333 | + | supervisor of elections of the county in which you are 900 |
---|
1346 | | - | terms a commissioner may serve. 901 |
---|
1347 | | - | 3. Any county in which voters have never approved a 902 |
---|
1348 | | - | charter amendment limiting the number of te rms a commissioner 903 |
---|
1349 | | - | may serve regardless of subsequent judicial nullification. 904 |
---|
1350 | | - | Section 24. Paragraph (a) of subsection (3) of section 905 |
---|
1351 | | - | 921.0022, Florida Statutes, is amended to read: 906 |
---|
1352 | | - | 921.0022 Criminal Punishment Code; offense severity 907 |
---|
1353 | | - | ranking chart.— 908 |
---|
1354 | | - | (3) OFFENSE SEVERITY RANKING CHART 909 |
---|
1355 | | - | (a) LEVEL 1 910 |
---|
1356 | | - | 911 |
---|
| 1346 | + | registered to vote no later than 10 days after the date of the 901 |
---|
| 1347 | + | election. 902 |
---|
| 1348 | + | 2. Mark your ballot in secret as instructed on the ballot. 903 |
---|
| 1349 | + | You must mark your own ballot unless you are unable to do so 904 |
---|
| 1350 | + | because of blindness, disability, or inability to read or write. 905 |
---|
| 1351 | + | 3. Mark only the number of candidates or issue choices for 906 |
---|
| 1352 | + | a race as indicated on the ballot. If you are allowed to "Vote 907 |
---|
| 1353 | + | for One" candidate and you vote for more than one, your vote in 908 |
---|
| 1354 | + | that race will not be counted. 909 |
---|
| 1355 | + | 4. Place your marked ballot in the enclosed secrecy 910 |
---|
| 1356 | + | envelope and seal the envelope. 911 |
---|
| 1357 | + | 5. Insert the secrecy envelope into the enclosed envelope 912 |
---|
| 1358 | + | bearing the Voter's Certificate. Seal the certificate envelope 913 |
---|
| 1359 | + | and completely fill out the Voter's Certificate on the back of 914 |
---|
| 1360 | + | the envelope. 915 |
---|
| 1361 | + | a. You must sign your name on the line above (Voter's 916 |
---|
| 1362 | + | Signature). 917 |
---|
| 1363 | + | b. If you are an overseas voter, you must include the date 918 |
---|
| 1364 | + | you signed the Voter's Certificate on the line above (Date) or 919 |
---|
| 1365 | + | your ballot may not be counted. 920 |
---|
| 1366 | + | c. A vote-by-mail ballot will be considered illegal and 921 |
---|
| 1367 | + | will not be counted if the signature on the Voter's Certificate 922 |
---|
| 1368 | + | does not match the signature on record. The signature on file at 923 |
---|
| 1369 | + | the start of the canvass of the vote -by-mail ballots is the 924 |
---|
| 1370 | + | signature that will be used to verify your signature on the 925 |
---|
| 1371 | + | |
---|
| 1372 | + | HB 7061 2022 |
---|
| 1373 | + | |
---|
| 1374 | + | |
---|
| 1375 | + | |
---|
| 1376 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 1377 | + | hb7061-00 |
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| 1378 | + | Page 38 of 50 |
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| 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 |
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| 1380 | + | |
---|
| 1381 | + | |
---|
| 1382 | + | |
---|
| 1383 | + | Voter's Certificate. If you need to update your signature for 926 |
---|
| 1384 | + | this election, send your signature update on a voter 927 |
---|
| 1385 | + | registration application to your supervisor of elections so that 928 |
---|
| 1386 | + | it is received before your vote -by-mail ballot is received. 929 |
---|
| 1387 | + | 6. Unless you meet one of the exemptions in Item 7., you 930 |
---|
| 1388 | + | must make a copy of one of the following forms of 931 |
---|
| 1389 | + | identification: 932 |
---|
| 1390 | + | a. Identification which must include your name and 933 |
---|
| 1391 | + | photograph: United States passport; debit or credit card; 934 |
---|
| 1392 | + | military identification; student identification; retirement 935 |
---|
| 1393 | + | center identification; neighborhood association identification; 936 |
---|
| 1394 | + | public assistance identification; veteran health identificat ion 937 |
---|
| 1395 | + | card issued by the United States Department of Veterans Affairs; 938 |
---|
| 1396 | + | a Florida license to carry a concealed weapon or firearm; or an 939 |
---|
| 1397 | + | employee identification card issued by any branch, department, 940 |
---|
| 1398 | + | agency, or entity of the Federal Government, the state, a 941 |
---|
| 1399 | + | county, or a municipality; or 942 |
---|
| 1400 | + | b. Identification which shows your name and current 943 |
---|
| 1401 | + | residence address: current utility bill, bank statement, 944 |
---|
| 1402 | + | government check, paycheck, or government document (excluding 945 |
---|
| 1403 | + | voter information card). 946 |
---|
| 1404 | + | 7. The identification requir ements of Item 6. do not apply 947 |
---|
| 1405 | + | if you meet one of the following requirements: 948 |
---|
| 1406 | + | a. You are 65 years of age or older. 949 |
---|
| 1407 | + | b. You have a temporary or permanent physical disability. 950 |
---|
| 1408 | + | |
---|
| 1409 | + | HB 7061 2022 |
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| 1410 | + | |
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| 1411 | + | |
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| 1412 | + | |
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| 1413 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 1414 | + | hb7061-00 |
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| 1415 | + | Page 39 of 50 |
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| 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 |
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| 1417 | + | |
---|
| 1418 | + | |
---|
| 1419 | + | |
---|
| 1420 | + | c. You are a member of a uniformed service on active duty 951 |
---|
| 1421 | + | who, by reason of such active duty, will be absent from the 952 |
---|
| 1422 | + | county on election day. 953 |
---|
| 1423 | + | d. You are a member of the Merchant Marine who, by reason 954 |
---|
| 1424 | + | of service in the Merchant Marine, will be absent from the 955 |
---|
| 1425 | + | county on election day. 956 |
---|
| 1426 | + | e. You are the spouse or dependent of a member referred to 957 |
---|
| 1427 | + | in paragraph c. or paragraph d. who, by reason of the active 958 |
---|
| 1428 | + | duty or service of the member, will be absent from the county on 959 |
---|
| 1429 | + | election day. 960 |
---|
| 1430 | + | f. You are currently residing outside the United States. 961 |
---|
| 1431 | + | 8. Place the certificate envelope bearing the Voter's 962 |
---|
| 1432 | + | Certificate into the mailing envelope addressed to the 963 |
---|
| 1433 | + | supervisor. Insert a copy of your identification in the mailing 964 |
---|
| 1434 | + | envelope. DO NOT PUT YOUR IDENTIFICATION INSIDE THE SECRECY 965 |
---|
| 1435 | + | ENVELOPE WITH THE BALLOT OR INSIDE THE CERTIFICATE ENVELOPE 966 |
---|
| 1436 | + | WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR BALLOT WILL NOT 967 |
---|
| 1437 | + | COUNT. 968 |
---|
| 1438 | + | 9. Mail, deliver, or have delivered the completed mailing 969 |
---|
| 1439 | + | envelope. Be sure there is sufficient postage if mailed. 970 |
---|
| 1440 | + | 10. FELONY NOTICE. It is a felony under Florida law to 971 |
---|
| 1441 | + | accept any gift, pay ment, or gratuity in exchange for your vote 972 |
---|
| 1442 | + | for a candidate. It is also a felony under Florida law to vote 973 |
---|
| 1443 | + | in an election using a false identity or false address, or under 974 |
---|
| 1444 | + | any other circumstances making your ballot false or fraudulent. 975 |
---|
| 1445 | + | |
---|
| 1446 | + | HB 7061 2022 |
---|
| 1447 | + | |
---|
| 1448 | + | |
---|
| 1449 | + | |
---|
| 1450 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 1451 | + | hb7061-00 |
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| 1452 | + | Page 40 of 50 |
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| 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 |
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| 1454 | + | |
---|
| 1455 | + | |
---|
| 1456 | + | |
---|
| 1457 | + | Section 20. Effective January 1, 2024, subsection (3) of 976 |
---|
| 1458 | + | section 101.6925, Florida Statutes, is amended to read: 977 |
---|
| 1459 | + | 101.6925 Canvassing special vote -by-mail ballots.— 978 |
---|
| 1460 | + | (3) If the identification is not enclosed in the mailing 979 |
---|
| 1461 | + | envelope and the voter has not indicated that he or she is 980 |
---|
| 1462 | + | exempt from the identification requirements, the supervisor 981 |
---|
| 1463 | + | shall check the voter registration records to determine if the 982 |
---|
| 1464 | + | voter's identification was previously received or the voter had 983 |
---|
| 1465 | + | previously notified the supervisor that he or she was exempt. 984 |
---|
| 1466 | + | The certificate envelope with the Voter's Certificate shall not 985 |
---|
| 1467 | + | be opened unless the identification has been received or the 986 |
---|
| 1468 | + | voter has indicated t hat he or she is exempt. The ballot shall 987 |
---|
| 1469 | + | be treated as a provisional ballot until 7 p.m. on election day 988 |
---|
| 1470 | + | and shall not be canvassed unless the supervisor has received 989 |
---|
| 1471 | + | the required identification or written indication of exemption 990 |
---|
| 1472 | + | by 7 p.m. on election day . 991 |
---|
| 1473 | + | Section 21. Section 102.091, Florida Statutes, is amended 992 |
---|
| 1474 | + | to read: 993 |
---|
| 1475 | + | 102.091 Duty of sheriff to watch for violations; 994 |
---|
| 1476 | + | appointment of special officers. — 995 |
---|
| 1477 | + | (1) The sheriff shall exercise strict vigilance in the 996 |
---|
| 1478 | + | detection of any violations of the Florida Election Code 997 |
---|
| 1479 | + | election laws and in apprehending the violators. 998 |
---|
| 1480 | + | (2) The Governor, in consultation with the executive 999 |
---|
| 1481 | + | director of the Department of Law Enforcement, shall may appoint 1000 |
---|
| 1482 | + | |
---|
| 1483 | + | HB 7061 2022 |
---|
| 1484 | + | |
---|
| 1485 | + | |
---|
| 1486 | + | |
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| 1487 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 1488 | + | hb7061-00 |
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| 1489 | + | Page 41 of 50 |
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| 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 |
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| 1491 | + | |
---|
| 1492 | + | |
---|
| 1493 | + | |
---|
| 1494 | + | special officers to investigate alleged violations of the 1001 |
---|
| 1495 | + | Florida Election Code election laws, when it is deemed necessary 1002 |
---|
| 1496 | + | to see that violators of the Florida Election Code election laws 1003 |
---|
| 1497 | + | are apprehended and punished. A special officer must be a sworn 1004 |
---|
| 1498 | + | special agent employed by the Department of Law Enforcement. At 1005 |
---|
| 1499 | + | least one special officer must be designated in each operational 1006 |
---|
| 1500 | + | region of the Department of Law Enforcement to serve as a 1007 |
---|
| 1501 | + | dedicated investigator of alleged violations of the Florida 1008 |
---|
| 1502 | + | Election Code. Appointment as a special officer does not 1009 |
---|
| 1503 | + | preclude a sworn special a gent from conducting other 1010 |
---|
| 1504 | + | investigations of alleged violations of law, provided that such 1011 |
---|
| 1505 | + | other investigations do not hinder or interfere with the 1012 |
---|
| 1506 | + | individual's ability to investigate alleged violations of the 1013 |
---|
| 1507 | + | Florida Election Code. 1014 |
---|
| 1508 | + | Section 22. Section 102.101, Florida Statutes, is amended 1015 |
---|
| 1509 | + | to read: 1016 |
---|
| 1510 | + | 102.101 Sheriff and other officers not allowed in polling 1017 |
---|
| 1511 | + | place.—A No sheriff, a deputy sheriff, a police officer, a 1018 |
---|
| 1512 | + | special officer appointed pursuant to s. 102.091, or any other 1019 |
---|
| 1513 | + | officer of the law is not shall be allowed within a the polling 1020 |
---|
| 1514 | + | place without permission from the clerk or a majority of the 1021 |
---|
| 1515 | + | inspectors, except to cast his or her ballot. Upon the failure 1022 |
---|
| 1516 | + | of any such officer of said officers to comply with this section 1023 |
---|
| 1517 | + | provision, the clerk or the i nspectors must or any one of them 1024 |
---|
| 1518 | + | shall make an affidavit against the such officer for his or her 1025 |
---|
| 1519 | + | |
---|
| 1520 | + | HB 7061 2022 |
---|
| 1521 | + | |
---|
| 1522 | + | |
---|
| 1523 | + | |
---|
| 1524 | + | CODING: Words stricken are deletions; words underlined are additions. |
---|
| 1525 | + | hb7061-00 |
---|
| 1526 | + | Page 42 of 50 |
---|
| 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 | + | |
---|
| 1529 | + | |
---|
| 1530 | + | |
---|
| 1531 | + | arrest. 1026 |
---|
| 1532 | + | Section 23. Subsection (2) of section 104.0616, Florida 1027 |
---|
| 1533 | + | Statutes, is amended to read: 1028 |
---|
| 1534 | + | 104.0616 Vote-by-mail ballots and voting; violations. — 1029 |
---|
| 1535 | + | (2) Any person who distributes, orders, requests, 1030 |
---|
| 1536 | + | collects, delivers, or otherwise physically possesses more than 1031 |
---|
| 1537 | + | two vote-by-mail ballots per election in addition to his or her 1032 |
---|
| 1538 | + | own ballot or a ballot belonging to an immediate family member, 1033 |
---|
| 1539 | + | except as provided in ss. 101.6105-101.694, including supervised 1034 |
---|
| 1540 | + | voting at assisted living facilities and nursing home facilities 1035 |
---|
| 1541 | + | as authorized under s. 101.655, commits a felony misdemeanor of 1036 |
---|
| 1542 | + | the third first degree, punishable as provided in s. 775.082 , or 1037 |
---|
| 1543 | + | s. 775.083, or s. 775.084. 1038 |
---|
| 1544 | + | Section 24. Subsection (2) of section 104.185, Florida 1039 |
---|
| 1545 | + | Statutes, is amended to read: 1040 |
---|
| 1546 | + | 104.185 Petitions; knowingly signing more than once; 1041 |
---|
| 1547 | + | signing another person's name or a fictitious name. — 1042 |
---|
| 1548 | + | (2) A person who signs another person's na me or a 1043 |
---|
| 1549 | + | fictitious name to any petition to secure ballot position for a 1044 |
---|
| 1550 | + | candidate, a minor political party, or an issue commits a felony 1045 |
---|
| 1551 | + | misdemeanor of the third first degree, punishable as provided in 1046 |
---|
| 1552 | + | s. 775.082, or s. 775.083, or s. 775.084. 1047 |
---|
| 1553 | + | Section 25. Section 104.186, Florida Statutes, is amended 1048 |
---|
| 1554 | + | to read: 1049 |
---|
| 1555 | + | 104.186 Initiative petitions; violations. —A person who 1050 |
---|
| 1556 | + | |
---|
| 1557 | + | HB 7061 2022 |
---|
| 1558 | + | |
---|
| 1559 | + | |
---|
| 1560 | + | |
---|
| 1561 | + | CODING: Words stricken are deletions; words underlined are additions. |
---|
| 1562 | + | hb7061-00 |
---|
| 1563 | + | Page 43 of 50 |
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| 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 | + | |
---|
| 1566 | + | |
---|
| 1567 | + | |
---|
| 1568 | + | compensates a petition circulator as defined in s. 97.021 based 1051 |
---|
| 1569 | + | on the number of petition forms gathered commits a felony 1052 |
---|
| 1570 | + | misdemeanor of the third first degree, punishable as provided in 1053 |
---|
| 1571 | + | s. 775.082, or s. 775.083, or s. 775.084. This section does not 1054 |
---|
| 1572 | + | prohibit employment relationships that do not base payment on 1055 |
---|
| 1573 | + | the number of signatures collected . 1056 |
---|
| 1574 | + | Section 26. Subsection (2) of section 124. 011, Florida 1057 |
---|
| 1575 | + | Statutes, is amended to read: 1058 |
---|
| 1576 | + | 124.011 Alternate procedure for the election of county 1059 |
---|
| 1577 | + | commissioners to provide for single -member representation ; 1060 |
---|
| 1578 | + | applicability.— 1061 |
---|
| 1579 | + | (2)(a) All commissioners shall be elected for 4 -year terms 1062 |
---|
| 1580 | + | which shall be stagg ered so that, alternately, one more or one 1063 |
---|
| 1581 | + | less than half of the commissioners elected from residence areas 1064 |
---|
| 1582 | + | and, if applicable, one of the commissioners elected at large 1065 |
---|
| 1583 | + | from the entire county are elected every 2 years, except that 1066 |
---|
| 1584 | + | any commissioner may be elected to an initial term of less than 1067 |
---|
| 1585 | + | 4 years if necessary to achieve or maintain such system of 1068 |
---|
| 1586 | + | staggered terms. Notwithstanding any law to the contrary, at the 1069 |
---|
| 1587 | + | general election immediately following redistricting directed by 1070 |
---|
| 1588 | + | s. 1(e), Art. VIII of the S tate Constitution, each commissioner 1071 |
---|
| 1589 | + | elected only by electors who reside in the district must be 1072 |
---|
| 1590 | + | elected and terms thereafter shall be staggered as provided in 1073 |
---|
| 1591 | + | s. 100.041. 1074 |
---|
| 1592 | + | |
---|
| 1593 | + | HB 7061 2022 |
---|
| 1594 | + | |
---|
| 1595 | + | |
---|
| 1596 | + | |
---|
| 1597 | + | CODING: Words stricken are deletions; words underlined are additions. |
---|
| 1598 | + | hb7061-00 |
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| 1599 | + | Page 44 of 50 |
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| 1600 | + | 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 |
---|
| 1601 | + | |
---|
| 1602 | + | |
---|
| 1603 | + | |
---|
| 1604 | + | (b) The term of a commissioner elected under paragraph (a) 1075 |
---|
| 1605 | + | commences on the second Tuesday after such election. 1076 |
---|
| 1606 | + | (c) This subsection does not apply to: 1077 |
---|
| 1607 | + | 1. Miami-Dade County. 1078 |
---|
| 1608 | + | 2. Any county the charter of which limits the number of 1079 |
---|
| 1609 | + | terms a commissioner may serve. 1080 |
---|
| 1610 | + | 3. Any county in which voters have never approved a 1081 |
---|
| 1611 | + | charter amendment limiting the number of terms a commissioner 1082 |
---|
| 1612 | + | may serve regardless of subsequent judicial nullification . 1083 |
---|
| 1613 | + | Section 27. Paragraph (a) of subsection (3) of section 1084 |
---|
| 1614 | + | 921.0022, Florida Statutes, is amended to read: 1085 |
---|
| 1615 | + | 921.0022 Criminal Punishment Code; offense severity 1086 |
---|
| 1616 | + | ranking chart.— 1087 |
---|
| 1617 | + | (3) OFFENSE SEVERITY RANKING CHART 1088 |
---|
| 1618 | + | (a) LEVEL 1 1089 |
---|
| 1619 | + | 1090 |
---|
1580 | | - | 950 |
---|
1581 | | - | Section 25. (1) It is the intent of the Legislature to 951 |
---|
1582 | | - | balance the security of vote -by-mail balloting with voter 952 |
---|
1583 | | - | privacy and election transparency. The Legislature finds that 953 |
---|
1584 | | - | further modifications to procedures governing vote -by-mail 954 |
---|
1585 | | - | balloting would help to further ensure election integrity while 955 |
---|
1586 | | - | also protecting voters from identity theft and preserving the 956 |
---|
1587 | | - | public's right to participate in election processes. To achieve 957 |
---|
1588 | | - | this purpose, the Legislature directs the Department of State to 958 |
---|
1589 | | - | provide a plan to prescribe the use of a Florida driver license 959 |
---|
1590 | | - | number, Florida identification card number, social security 960 |
---|
1591 | | - | number, or any part thereof to confirm the identity of each 961 |
---|
1592 | | - | elector returning a vote-by-mail ballot. 962 |
---|
1593 | | - | (2) The Department of State shall review issues involving 963 |
---|
1594 | | - | the feasibility, development, and implementation of such a plan, 964 |
---|
1595 | | - | including issues related to: 965 |
---|
1596 | | - | (a) In coordination with other agencies such as the 966 |
---|
1597 | | - | Department of Highway Safety and Motor Vehicles, obtaining a 967 |
---|
1598 | | - | Florida driver license number or Florida identification card 968 |
---|
1599 | | - | |
---|
1600 | | - | CS/HB 7061 2022 |
---|
1601 | | - | |
---|
1602 | | - | |
---|
1603 | | - | |
---|
1604 | | - | CODING: Words stricken are deletions; words underlined are additions. |
---|
1605 | | - | hb7061-01-c1 |
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1606 | | - | Page 44 of 45 |
---|
1607 | | - | 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 |
---|
1608 | | - | |
---|
1609 | | - | |
---|
1610 | | - | |
---|
1611 | | - | number and the last four digits of a social security number for 969 |
---|
1612 | | - | each registered voter who does not have such numbers on file in 970 |
---|
1613 | | - | the Florida Voter Registrat ion System. 971 |
---|
1614 | | - | (b) Populating such numbers in the Florida Voter 972 |
---|
1615 | | - | Registration System. 973 |
---|
1616 | | - | (c) Protecting identifying numbers submitted with a vote -974 |
---|
1617 | | - | by-mail ballot, including, but not limited to, prescribing the 975 |
---|
1618 | | - | form of the return mailing envelope. 976 |
---|
1619 | | - | (d) Any necessary modifications to canvassing procedures 977 |
---|
1620 | | - | for vote-by-mail ballots. 978 |
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1621 | | - | (e) Costs associated with development and implementation 979 |
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1622 | | - | of the plan. 980 |
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1623 | | - | (f) A proposal for a program to educate electors on 981 |
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1624 | | - | changes to the vote-by-mail process. 982 |
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1625 | | - | (g) A proposal for including a declaration of an elector's 983 |
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1626 | | - | current address of legal residence with each written request for 984 |
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1627 | | - | a vote-by-mail ballot. 985 |
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1628 | | - | (3) In the course of reviewing the required issues, the 986 |
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1629 | | - | Department of State must, at a minimum: 987 |
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1630 | | - | (a) Review relevant processe s of other states. 988 |
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1631 | | - | (b) Review relevant federal law. 989 |
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1632 | | - | (c) Seek input from supervisors of elections, which must 990 |
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1633 | | - | include representation from supervisors of counties with large, 991 |
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1634 | | - | medium, and small populations. 992 |
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1635 | | - | (4) By January 1, 2023, the Department of Stat e shall 993 |
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1636 | | - | |
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1637 | | - | CS/HB 7061 2022 |
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1638 | | - | |
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1639 | | - | |
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1640 | | - | |
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1641 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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1642 | | - | hb7061-01-c1 |
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1643 | | - | Page 45 of 45 |
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1644 | | - | 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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1645 | | - | |
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1646 | | - | |
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1647 | | - | |
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1648 | | - | submit to the President of the Senate and the Speaker of the 994 |
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1649 | | - | House of Representatives a report on the plan and draft 995 |
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1650 | | - | legislation for any statutory changes needed to implement the 996 |
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1651 | | - | plan, including any necessary public records exemptions. 997 |
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1652 | | - | Section 26. Except as otherwise expressly provided in this 998 |
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1653 | | - | act, this act shall take effect upon becoming a law. 999 |
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| 1843 | + | 1129 |
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| 1844 | + | Section 28. By January 1, 2023, the Department of State 1130 |
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| 1845 | + | shall submit to the President of the Sena te and the Speaker of 1131 |
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| 1846 | + | the House of Representatives a report detailing a plan to obtain 1132 |
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| 1847 | + | a Florida driver license number or Florida identification card 1133 |
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| 1848 | + | number, as applicable, and the last four digits of a social 1134 |
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| 1849 | + | security number from each registered voter who does not have 1135 |
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| 1850 | + | such numbers on file in the Florida Voter Registration System. 1136 |
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| 1851 | + | The plan must include, if needed, details on funding required to 1137 |
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| 1852 | + | implement the plan. The plan must provide for its completion by 1138 |
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| 1853 | + | December 31, 2023. 1139 |
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| 1854 | + | Section 29. Except as othe rwise expressly provided in this 1140 |
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| 1855 | + | act, this act shall take effect upon becoming a law. 1141 |
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