The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Ethics and Elections
BILL: SB 524
INTRODUCER: Senator Hutson
SUBJECT: Elections
DATE: January 11, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Pre-meeting
2. CA
3. RC
I. Summary:
SB 524 makes the following changes to the Election Code:
Eliminates the cap on the amount of total fines that may be assessed against a third-party
voter registration organization within a calendar year;
Effective January 1, 2023, requires each candidate for office to disclose specified information
related to outstanding fines, fees, or penalties assessed for violations of ethics or campaign
financing laws;
Prohibits the use of ranked-choice voting in any election in the state and preempts any
conflicting local ordinances; and
Increases to two from one the number of allowable additional early voting sites in certain
underserved areas of a county.
Except as otherwise provided in the bill, the bill takes effect July 1, 2022.
II. Present Situation:
Please see “Effect of Proposed Changes.”
III. Effect of Proposed Changes:
Fines Imposed on Third-Party Voter Registration Organizations (Section 1)
Present Situation
A third-party voter registration organization is any person, entity, or organization soliciting or
collecting voter registration applications, but does not include:
A person who seeks only to register to vote or collect a voter registration application from
that person’s spouse, child, or parent; or
REVISED: BILL: SB 524 Page 2
A person engaged in registering to vote or collecting voter registration applications as an
employee or agent of the Division of Elections, supervisor of elections, Department of
Highway Safety and Motor Vehicles, or a voter registration agency
1
.
2
An organization that collects voter registration applications must deliver each application to the
Division of Elections or the supervisor of elections in the county in which the applicant resides
within 14 days after the application was completed by the applicant, but not after registration
closes for the next ensuing election.
3
If an organization fails to meet the deadline, it is liable for
specified fines. The aggregate fine which may be assessed against an organization, including
affiliate organizations, for violations committed in a calendar year is $1,000.
4
Effect of Proposed Changes
The bill deletes the calendar-year fine cap of $1,000.
Candidate Oaths/Disclosures (Sections 2 and 5)
Present Situation
Each candidate for office must take and subscribe to in writing a specified oath or affirmation
regarding his or her eligibility to run for the office.
5
In addition, each candidate for an office other than judicial or school board office must, at the
time of subscribing to the oath or affirmation, also state in writing certain information about his
or her party or no-party affiliation.
6
Because judicial and school board offices are nonpartisan,
candidates for such offices are not required to provide information about party affiliation.
Effect of Proposed Changes
Effective January 1, 2023, the bill additionally requires each candidate to, at the time of
subscribing to the oath or affirmation, state in writing:
Whether he or she owes any outstanding fines, fees, or penalties that cumulatively exceed
$250 for any violations of state or local ethics laws or of state campaign financing laws, and,
if so;
The amount owed and each entity that levied such fine, fee, or penalty.
The new requirement applies to candidates for all offices.
1
A voter registration agency is any office that provides public assistance, any office that serves persons with disabilities, any
center for independent living, or any public library (s. 97.021(44), F.S.).
2
Section 97.021(40), F.S.
3
Section 97.0575(3)(a), F.S.
4
Id.
5
Sections 99.021(1)(a) and 105.031(4), F.S.
6
Section 99.021(1)(b) and (c), F.S. BILL: SB 524 Page 3
Use of Ranked-Choice Voting (Section 3)
Present Situation
In a ranked-choice voting system (RCV), voters rank all the candidates for a given office by their
preference. Ballots are tabulated in multiple rounds following the elimination of a candidate until
a single candidate attains a majority.
7
Alaska and Maine are the only states in the country to have established the use of RCV for all
congressional and state elections. A number of cities across the United States also use the
method for municipal elections.
8
Florida statutes do not specifically address the use of RCV. They require state elections to be
decided by winner-takes-all primary and general elections
9
but provide no such specification for
local elections. Sarasota County voters approved RCV in a 2007 referendum, but the method has
not been implemented due to concerns about voting systems and legality.
10
The City of
Clearwater considered holding an RCV referendum but decided against it because the city would
not be able to implement the system unless the state recognized it as a legal method.
11
Statutorily required audits
12
and currently authorized voting systems
13
may not accommodate the
use of ranked-choice voting in the state.
Effect of Proposed Changes
The bill:
Prohibits the use of a ranked-choice voting method from being used in determining the
election or the nomination of any candidate to any local, state, or federal office in this state.
Provides that any existing or future ordinance enacted by a local governmental entity which
is in conflict with the prohibition against ranked-choice voting is void.
7
“Ranked-Choice Voting,” National Conference of State Legislatures, https://www.ncsl.org/research/elections-and-
campaigns/ranked-choice-voting636934215.aspx (last viewed January 19, 2022).
8
Id.
9
See ss. 100.061 and 100.181, F.S. In this method, also known as plurality voting, voters select one candidate per race on a
ballot and the candidate that receives the most votes wins.
10
“Sarasota City Commission may pause plan for advancing ranked-choice voting,” Sarasota Herald-Tribune,
https://www.heraldtribune.com/story/news/politics/elections/local/2021/09/22/sarasota-file-suit-determine-if-can-pursue-
ranked-choice-voting/5796054001/ (last viewed January 24, 2022).
11
“Clearwater drops ranked choice voting referendum,” Tampa Bay Times,
https://www.tampabay.com/news/clearwater/2021/10/08/clearwater-drops-ranked-choice-voting-referendum/ (last viewed
January 24, 2022).
12
Current law requires two post-election reports: 1) immediately after certification of each election, the county canvassing
board or the local board responsible for certifying the election must conduct a manual audit or an automated, independent
audit of the voting systems used in randomly selected precincts; and 2) at the end of each general election year, the supervisor
of elections in each county must report the total number of overvotes and undervotes for specified races (ss. 101.591 and
101.595, F.S.).
13
The Department of State must examine and certify a voting system before it can be used in an election (s. 101.5605, F.S.).
A voting system may only be approved by the department if it meets specified criteria (s. 101.5606, F.S.). BILL: SB 524 Page 4
Location of Early Voting Sites (Section 4)
Present Situation
Each supervisor of elections must allow early voting at each of his or her main and branch
offices. In addition, a supervisor may designate the following as an early voting site:
Any city hall, permanent public library facility, fairground, civic center, courthouse, county
commission building, stadium, convention center, government-owned senior center, or
government-owned community center, if certain conditions are met
14
.
One additional early voting site per election in an area of the county that does not have any of
the eligible early voting locations.
15
Effect of Proposed Changes
The bill increases to two from one the number of allowable additional early voting sites.
Effective Date of the Bill (Section 6)
Except as otherwise provided in the bill, the bill takes effect July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. Bills that affect state or local elections are exempt from the requirements
of Art. VII, section 18 of the Florida Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
14
If so designated, the sites must be geographically located so as to provide all voters in the county an equal opportunity to
cast a ballot, insofar as it is practicable, and must provide sufficient nonpermitted parking to accommodate the anticipated
amount of voters (s. 101.657(1)(a), F.S.).
15
Section 101.657(1)(a), F.S. BILL: SB 524 Page 5
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Eliminating the cap on the total amount of fines that may be assessed against a third-party
voter registration organization in one calendar year will financially impact those
organizations that do not comply with timely submission requirements for voter
registration applications.
Requiring candidates for office to disclose certain information regarding financial
penalties assessed due to violations of ethics or campaign financing laws will have a de
minimis impact on workload associated with running for office.
C. Government Sector Impact:
Supervisors of elections who choose to implement the additional early voting site will
incur additional staffing and operational obligations; however, the authorization for the
additional site is permissive and not mandatory.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 97.0575, 99.021,
101.019, 101.657, and 105.031.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.