Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS/CS/HB 1355, 1st Eng.
Senate . House
Floor: WD .
05/03/2011 07:48 AM .
Senator Braynon moved the following:
1 Senate Amendment to Amendment (404618) (with title
5 Delete lines 80 - 200
6 and insert:
7 (3) A third-party voter registration organization shall
8 turn in each voter registration application received from its
9 authorized registration agents regardless of whether the third
10 party voter registration organization believes the voter
11 registration application may be invalid or incomplete. If, when
12 submitting a voter registration application, a third-party voter
13 registration organization also submits information stating why
14 the organization believes the application may be invalid or
15 incomplete, the third-party voter registration organization
16 shall be presumed to be in compliance with this section.
(1) Prior to engaging in any voter registration activities,
18 a third-party voter registration organization shall name a
19 registered agent in the state and submit to the division, in a
20 form adopted by the division, the name of the registered agent
21 and the name of those individuals responsible for the day-to-day
22 operation of the third-party voter registration organization,
23 including, if applicable, the names of the entity’s board of
24 directors, president, vice president, managing partner, or such
25 other individuals engaged in similar duties or functions. On or
26 before the 15th day after the end of each calendar quarter, each
27 third-party voter registration organization shall submit to the
28 division a report providing the date and location of any
29 organized voter registration drives conducted by the
30 organization in the prior calendar quarter.
31 (2) The failure to submit the information required by
32 subsection (1) does not subject the third-party voter
33 registration organization to any civil or criminal penalties for
34 such failure, and the failure to submit such information is not
35 a basis for denying such third-party voter registration
36 organization with copies of voter registration application
38 (4)(a) (3) A third-party voter registration organization
39 that collects voter registration applications serves as a
40 fiduciary to the applicant, ensuring that any voter registration
41 application entrusted to the third-party voter registration
42 organization, irrespective of party affiliation, race,
43 ethnicity, or gender, shall be promptly delivered to the
44 division or the supervisor of elections within 10 calendar days
45 after the applicant completes it or the next business day if the
46 appropriate office is closed for 10 calendar days. If a voter
47 registration application collected by any third-party voter
48 registration organization is not promptly delivered to the
49 division or supervisor of elections, the third-party voter
50 registration organization is shall be liable for the following
52 1. (a) A fine in the amount of $50 for each application
53 received by the division or the supervisor of elections more
54 than 10 calendar days after the applicant delivered the
55 completed voter registration application to the third-party
56 voter registration organization or any person, entity, or agent
57 acting on its behalf or the next business day, if the office is
58 closed. A fine in the amount of $250 for each application
59 received if the third-party voter registration organization or
60 person, entity, or agency acting on its behalf acted willfully.
61 2. (b) A fine in the amount of $100 for each application
62 collected by a third-party voter registration organization or
63 any person, entity, or agent acting on its behalf, before prior
64 to book closing for any given election for federal or state
65 office and received by the division or the supervisor of
66 elections after the book-closing book closing deadline for such
67 election. A fine in the amount of $500 for each application
68 received if the third-party registration organization or person,
69 entity, or agency acting on its behalf acted willfully.
70 3. (c) A fine in the amount of $500 for each application
71 collected by a third-party voter registration organization or
72 any person, entity, or agent acting on its behalf, which is not
73 submitted to the division or supervisor of elections. A fine in
74 the amount of $1,000 for any application not submitted if the
75 third-party voter registration organization or person, entity,
76 or agency acting on its behalf acted willfully.
78 The aggregate fine pursuant to this paragraph subsection which
79 may be assessed against a third-party voter registration
80 organization, including affiliate organizations, for violations
81 committed in a calendar year is shall be $1,000.
82 (b) A showing by the fines provided in this subsection
83 shall be reduced by three-fourths in cases in which the third
84 party voter registration organization that the failure to
85 deliver the voter registration application within the required
86 timeframe is based upon force majeure or impossibility of
87 performance shall be an affirmative defense to a violation of
88 this subsection has complied with subsection (1). The secretary
89 may shall waive the fines described in this subsection upon a
90 showing that the failure to deliver the voter registration
91 application promptly is based upon force majeure or
92 impossibility of performance.
93 (5) If the Secretary of State reasonably believes that a
94 person has committed a violation of this section, the secretary
95 may refer the matter to the Attorney General for enforcement.
96 The Attorney General may institute a civil action for a
97 violation of this section or to prevent a violation of this
98 section. An action for relief may include a permanent or
99 temporary injunction, a restraining order, or any other
100 appropriate order.
101 (6) (4)(a) The division shall adopt by rule a form to elicit
102 specific information concerning the facts and circumstances from
103 a person who claims to have been registered to vote by a third
104 party voter registration organization but who does not appear as
105 an active voter on the voter registration rolls. The division
106 shall also adopt rules to ensure the integrity of the
107 registration process, including rules requiring third-party
108 voter registration organizations to account for all state and
109 federal registration forms used by their registration agents.
110 (b) The division may investigate any violation of this
111 section. Civil fines shall be assessed by the division and
112 enforced through any appropriate legal proceedings.
113 (7) (5) The date on which an applicant signs a voter
114 registration application is presumed to be the date on which the
115 third-party voter registration organization received or
116 collected the voter registration application.
117 (8) (6) The civil fines provided in this section are in
118 addition to any applicable criminal penalties.
119 (9) (7) Fines collected pursuant to this section shall be
120 annually appropriated by the Legislature to the department for
121 enforcement of this section and for voter education.
122 (10) (8) The division may adopt rules to administer this
125 ================= T I T L E A M E N D M E N T ================
126 And the title is amended as follows:
127 Delete lines 3944 - 3962
128 and insert:
129 and made public daily at a specified time; requiring
130 submission of all voter registration applications
131 received by a third-party voter registration
132 organization; providing circumstances under which a
133 third-party voter registration organization shall be
134 deemed to be in compliance with the law when
135 submitting voter registration applications; amending
136 s. 97.071, F.S.; requiring