Florida Senate - 2022 SB 1722 By Senator Jones 35-01167A-22 20221722__ 1 A bill to be entitled 2 An act relating to elections; repealing s. 97.029, 3 F.S., relating to civil actions challenging the 4 validity of election laws; repealing s. 97.0291, F.S., 5 relating to a prohibition on the use of private funds 6 for election-related expenses; amending s. 97.0575, 7 F.S.; revising the time period within which a third 8 party voter registration organization must deliver 9 voter registration applications to the Division of 10 Elections of the Department of State or to a 11 supervisor of elections; deleting provisions relating 12 to certain notification requirements; amending s. 13 97.1031, F.S.; revising information that an elector 14 must provide to a supervisor of elections when the 15 elector changes his or her residence address; amending 16 s. 101.051, F.S.; deleting a prohibition on the 17 solicitation of voters at drop box locations; 18 conforming a provision to changes made by the act; 19 amending s. 101.62, F.S.; revising requirements for 20 vote-by-mail ballot requests; revising information 21 that a supervisor is required to record for each vote 22 by-mail ballot request the supervisor receives; 23 deleting a prohibition against mailing vote-by-mail 24 ballots to certain voters; amending s. 101.64, F.S.; 25 deleting provisions relating to information included 26 on vote-by-mail ballot mailing envelopes and secrecy 27 envelopes; amending s. 101.69, F.S.; deleting 28 provisions authorizing the use of certain secure drop 29 boxes during certain hours; deleting provisions 30 requiring the monitoring of secure drop boxes; 31 deleting provisions relating to the designation of 32 drop box sites; deleting provisions relating to the 33 retrieval of ballots from secure drop boxes; deleting 34 provisions subjecting a supervisor to certain civil 35 penalties in certain circumstances; amending s. 36 102.031, F.S.; deleting provisions prohibiting certain 37 solicitation activities within a specified area 38 surrounding a drop box; revising a definition; 39 deleting a provision restricting certain persons from 40 prohibiting the solicitation of voters by a candidate 41 or a candidates designee outside of the no 42 solicitation zone; repealing s. 104.0616, F.S., 43 relating to vote-by-mail ballots and voting; providing 44 an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1.Section 97.029, Florida Statutes, is repealed. 49 Section 2.Section 97.0291, Florida Statutes, is repealed. 50 Section 3.Paragraph (a) of subsection (3) of section 51 97.0575, Florida Statutes, is amended to read: 52 97.0575Third-party voter registrations. 53 (3)(a)A third-party voter registration organization that 54 collects voter registration applications serves as a fiduciary 55 to the applicant, ensuring that any voter registration 56 application entrusted to the organization, irrespective of party 57 affiliation, race, ethnicity, or gender, must be promptly 58 delivered to the division or the supervisor of elections in the 59 county in which the applicant resides within 14 days after the 60 application was completed by the applicant, but not after 61 registration closes for the next ensuing election. A third-party 62 voter registration organization must notify the applicant at the 63 time the application is collected that the organization might 64 not deliver the application to the division or the supervisor of 65 elections in the county in which the applicant resides in less 66 than 14 days or before registration closes for the next ensuing 67 election and must advise the applicant that he or she may 68 deliver the application in person or by mail. The third-party 69 voter registration organization must also inform the applicant 70 how to register online with the division and how to determine 71 whether the application has been delivered. If a voter 72 registration application collected by any third-party voter 73 registration organization is not promptly delivered to the 74 division or supervisor of elections in the county in which the 75 applicant resides, the third-party voter registration 76 organization is liable for the following fines: 77 1.A fine in the amount of $50 for each application 78 received by the division or the supervisor of elections in the 79 county in which the applicant resides more than 14 days after 80 the applicant delivered the completed voter registration 81 application to the third-party voter registration organization 82 or any person, entity, or agent acting on its behalf. A fine in 83 the amount of $250 for each application received if the third 84 party voter registration organization or person, entity, or 85 agency acting on its behalf acted willfully. 86 2.A fine in the amount of $100 for each application 87 collected by a third-party voter registration organization or 88 any person, entity, or agent acting on its behalf, before book 89 closing for any given election for federal or state office and 90 received by the division or the supervisor of elections in the 91 county in which the applicant resides after the book-closing 92 deadline for such election. A fine in the amount of $500 for 93 each application received if the third-party registration 94 organization or person, entity, or agency acting on its behalf 95 acted willfully. 96 3.A fine in the amount of $500 for each application 97 collected by a third-party voter registration organization or 98 any person, entity, or agent acting on its behalf, which is not 99 submitted to the division or supervisor of elections in the 100 county in which the applicant resides. A fine in the amount of 101 $1,000 for any application not submitted if the third-party 102 voter registration organization or person, entity, or agency 103 acting on its behalf acted willfully. 104 105 The aggregate fine pursuant to this paragraph which may be 106 assessed against a third-party voter registration organization, 107 including affiliate organizations, for violations committed in a 108 calendar year is $1,000. 109 Section 4.Subsection (1) of section 97.1031, Florida 110 Statutes, is amended to read: 111 97.1031Notice of change of residence, change of name, or 112 change of party affiliation. 113 (1)(a)When an elector changes his or her residence 114 address, the elector must notify the supervisor of elections. 115 Except as provided in paragraph (b), an address change must be 116 submitted using a voter registration application. 117 (b)If the address change is within the state and notice is 118 provided to the supervisor of elections of the county where the 119 elector has moved, the elector may do so by: 120 1.Contacting the supervisor of elections via telephone or 121 electronic means, in which case the elector must provide his or 122 her date of birth and the last four digits of his or her social 123 security number, his or her Florida driver license number, or 124 his or her Florida identification card number, whichever may be 125 verified in the supervisors records; or 126 2.Submitting the change on a voter registration 127 application or other signed written notice. 128 Section 5.Subsections (2) and (5) of section 101.051, 129 Florida Statutes, are amended to read: 130 101.051Electors seeking assistance in casting ballots; 131 oath to be executed; forms to be furnished. 132 (2)It is unlawful for any person to be in the voting booth 133 with any elector except as provided in subsection (1). A person 134 at a polling place, a drop box location, or an early voting 135 site, or within 150 feet of a drop box location or the entrance 136 of a polling place or an early voting site, may not solicit any 137 elector in an effort to provide assistance to vote pursuant to 138 subsection (1). Any person who violates this subsection commits 139 a misdemeanor of the first degree, punishable as provided in s. 140 775.082 or s. 775.083. 141 (5)If an elector needing assistance requests that a person 142 other than an election official provide him or her with 143 assistance in voting, the clerk or one of the inspectors shall 144 require the person providing assistance to take the following 145 oath: 146 147 DECLARATION TO PROVIDE ASSISTANCE 148 149 State of Florida 150 County of .... 151 Date .... 152 Precinct .... 153 154 I, ...(Print name)..., have been requested by ...(print 155 name of elector needing assistance)... to provide him or her 156 with assistance to vote. I swear or affirm that I am not the 157 employer, an agent of the employer, or an officer or agent of 158 the union of the voter and that I have not solicited this voter 159 at the polling place, drop box location, or early voting site or 160 within 150 feet of such locations in an effort to provide 161 assistance. 162 163 ...(Signature of assistor)... 164 165 Sworn and subscribed to before me this .... day of ...., 166 ...(year).... 167 168 ...(Signature of Official Administering Oath)... 169 Section 6.Paragraph (b) of subsection (1), subsection (3), 170 and subsection (7) of section 101.62, Florida Statutes, are 171 amended to read: 172 101.62Request for vote-by-mail ballots. 173 (1)(b)The supervisor may accept a written, an in-person, 174 or a telephonic request for a vote-by-mail ballot to be mailed 175 to an electors address on file in the Florida Voter 176 Registration System from the elector, or, if directly instructed 177 by the elector, a member of the electors immediate family, or 178 the electors legal guardian. If an in-person or a telephonic 179 request is made, the elector must provide the electors Florida 180 driver license number, the electors Florida identification card 181 number, or the last four digits of the electors social security 182 number, whichever may be verified in the supervisors records. 183 If the ballot is requested to be mailed to an address other than 184 the electors address on file in the Florida Voter Registration 185 System, the request must be made in writing. A written request 186 must be signed by the elector and include the electors Florida 187 driver license number, the electors Florida identification card 188 number, or the last four digits of the electors social security 189 number. However, an absent uniformed service voter or an 190 overseas voter seeking a vote-by-mail ballot is not required to 191 submit a signed, written request for a vote-by-mail ballot that 192 is being mailed to an address other than the electors address 193 on file in the Florida Voter Registration System. For purposes 194 of this section, the term immediate family has the same 195 meaning as specified in paragraph (4)(c). The person making the 196 request must disclose: 197 1.The name of the elector for whom the ballot is 198 requested. 199 2.The electors address. 200 3.The electors date of birth. 201 4.The electors Florida driver license number, the 202 electors Florida identification card number, or the last four 203 digits of the electors social security number, whichever may be 204 verified in the supervisors records. 205 5.The requesters name. 206 5.6.The requesters address. 207 6.7.The requesters driver license number, the requesters 208 identification card number, or the last four digits of the 209 requesters social security number, if available. 210 7.8.The requesters relationship to the elector. 211 8.9.The requesters signature (written requests only). 212 (3)For each request for a vote-by-mail ballot received, 213 the supervisor shall record: the date the request was made; the 214 identity of the voters designee making the request, if any; the 215 Florida driver license number, Florida identification card 216 number, or last four digits of the social security number of the 217 elector provided with a written request; the date the vote-by 218 mail ballot was delivered to the voter or the voters designee 219 or the date the vote-by-mail ballot was delivered to the post 220 office or other carrier; the address to which the ballot was 221 mailed or the identity of the voters designee to whom the 222 ballot was delivered; the date the ballot was received by the 223 supervisor; the absence of the voters signature on the voters 224 certificate, if applicable; whether the voters certificate 225 contains a signature that does not match the electors signature 226 in the registration books or precinct register; and such other 227 information he or she may deem necessary. This information shall 228 be provided in electronic format as provided by division rule. 229 The information shall be updated and made available no later 230 than 8 a.m. of each day, including weekends, beginning 60 days 231 before the primary until 15 days after the general election and 232 shall be contemporaneously provided to the division. This 233 information shall be confidential and exempt from s. 119.07(1) 234 and shall be made available to or reproduced only for the voter 235 requesting the ballot, a canvassing board, an election official, 236 a political party or official thereof, a candidate who has filed 237 qualification papers and is opposed in an upcoming election, and 238 registered political committees for political purposes only. 239 (7)Except as expressly authorized for voters having a 240 disability under s. 101.662, for overseas voters under s. 241 101.697, or for local referenda under ss. 101.6102 and 101.6103, 242 a county, municipality, or state agency may not send a vote-by 243 mail ballot to a voter unless the voter has requested a vote-by 244 mail ballot in the manner authorized under this section. 245 Section 7.Subsection (1) of section 101.64, Florida 246 Statutes, is amended to read: 247 101.64Delivery of vote-by-mail ballots; envelopes; form. 248 (1)(a)The supervisor shall enclose with each vote-by-mail 249 ballot two envelopes: a secrecy envelope, into which the absent 250 elector shall enclose his or her marked ballot; and a mailing 251 envelope, into which the absent elector shall then place the 252 secrecy envelope, which shall be addressed to the supervisor and 253 also bear on the back side a certificate in substantially the 254 following form: 255 256 Note: Please Read Instructions Carefully Before 257 Marking Ballot and Completing Voters Certificate. 258 259 VOTERS CERTIFICATE 260 I, ...., do solemnly swear or affirm that I am a qualified 261 and registered voter of .... County, Florida, and that I have 262 not and will not vote more than one ballot in this election. I 263 understand that if I commit or attempt to commit any fraud in 264 connection with voting, vote a fraudulent ballot, or vote more 265 than once in an election, I can be convicted of a felony of the 266 third degree and fined up to $5,000 and/or imprisoned for up to 267 5 years. I also understand that failure to sign this certificate 268 will invalidate my ballot. 269 ...(Date)......(Voters Signature)... 270 ...(E-Mail Address)......(Home Telephone Number)... 271 ...(Mobile Telephone Number)... 272 273 (b)Each return mailing envelope must bear the absent 274 electors name and any encoded mark used by the supervisors 275 office. 276 (c)A mailing envelope or secrecy envelope may not bear any 277 indication of the political affiliation of an absent elector. 278 Section 8.Subsections (2) and (3) of section 101.69, 279 Florida Statutes, are amended to read: 280 101.69Voting in person; return of vote-by-mail ballot. 281 (2)(a)The supervisor shall allow an elector who has 282 received a vote-by-mail ballot to physically return a voted 283 vote-by-mail ballot to the supervisor by placing the return mail 284 envelope containing his or her marked ballot in a secure drop 285 box. Secure drop boxes shall be placed at the main office of the 286 supervisor, at each permanent branch office of the supervisor, 287 and at each early voting site. Secure drop boxes may also be 288 placed at any other site that would otherwise qualify as an 289 early voting site under s. 101.657(1). Drop boxes must be 290 geographically located so as to provide all voters in the county 291 with an equal opportunity to cast a ballot, insofar as is 292 practicable. Except for secure drop boxes at an office of the 293 supervisor, a secure drop box may only be used during the 294 countys early voting hours of operation and must be monitored 295 in person by an employee of the supervisors office. A secure 296 drop box at an office of the supervisor must be continuously 297 monitored in person by an employee of the supervisors office 298 when the drop box is accessible for deposit of ballots. 299 (b)A supervisor shall designate each drop box site at 300 least 30 days before an election. The supervisor shall provide 301 the address of each drop box location to the division at least 302 30 days before an election. After a drop box location has been 303 designated, it may not be moved or changed except as approved by 304 the division to correct a violation of this subsection. 305 (c)1.On each day of early voting, all drop boxes must be 306 emptied at the end of early voting hours and all ballots 307 retrieved from the drop boxes must be returned to the 308 supervisors office. 309 2.For drop boxes located at an office of the supervisor, 310 all ballots must be retrieved before the drop box is no longer 311 monitored by an employee of the supervisor. 312 3.Employees of the supervisor must comply with procedures 313 for the chain of custody of ballots as required by s. 314 101.015(4). 315 (3)If any drop box is left accessible for ballot receipt 316 other than as authorized by this section, the supervisor is 317 subject to a civil penalty of $25,000. The division is 318 authorized to enforce this provision. 319 Section 9.Paragraphs (a), (b), and (e) of subsection (4) 320 of section 102.031, Florida Statutes, are amended to read: 321 102.031Maintenance of good order at polls; authorities; 322 persons allowed in polling rooms and early voting areas; 323 unlawful solicitation of voters. 324 (4)(a)No person, political committee, or other group or 325 organization may solicit voters inside the polling place or 326 within 150 feet of a drop box or the entrance to any polling 327 place, a polling room where the polling place is also a polling 328 room, an early voting site, or an office of the supervisor where 329 vote-by-mail ballots are requested and printed on demand for the 330 convenience of electors who appear in person to request them. 331 Before the opening of a drop box location, a polling place, or 332 an early voting site, the clerk or supervisor shall designate 333 the no-solicitation zone and mark the boundaries. 334 (b)For the purpose of this subsection, the terms solicit 335 or solicitation shall include, but not be limited to, seeking 336 or attempting to seek any vote, fact, opinion, or contribution; 337 distributing or attempting to distribute any political or 338 campaign material, leaflet, or handout; conducting a poll except 339 as specified in this paragraph; seeking or attempting to seek a 340 signature on any petition; and selling or attempting to sell any 341 item; and engaging in any activity with the intent to influence 342 or effect of influencing a voter. The terms solicit or 343 solicitation may not be construed to prohibit an employee of, 344 or a volunteer with, the supervisor from providing nonpartisan 345 assistance to voters within the no-solicitation zone such as, 346 but not limited to, giving items to voters, or to prohibit exit 347 polling. 348 (e)The owner, operator, or lessee of the property on which 349 a polling place or an early voting site is located, or an agent 350 or employee thereof, may not prohibit the solicitation of voters 351 by a candidate or a candidates designee outside of the no 352 solicitation zone during polling hours. 353 Section 10.Section 104.0616, Florida Statutes, is 354 repealed. 355 Section 11.This act shall take effect upon becoming a law.