The Florida Senate

98.065  Registration list maintenance programs.--

¹(1)  The supervisor must conduct a general registration list maintenance program to protect the integrity of the electoral process by ensuring the maintenance of accurate and current voter registration records. The program must be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965.

(2)  A supervisor must incorporate one or more of the following procedures in the supervisor's biennial registration list maintenance program under which:

(a)  Change-of-address information supplied by the United States Postal Service through its licensees is used to identify registered voters whose addresses might have changed;

(b)  Change-of-address information is identified from returned nonforwardable return-if-undeliverable mail sent to all registered voters in the county; or

(c)  Change-of-address information is identified from returned nonforwardable return-if-undeliverable address confirmation requests mailed to all registered voters who have not voted in the last 2 years and who did not make a written request that their registration records be updated during that time.

(3)  A registration list maintenance program must be conducted by each supervisor, at a minimum, in each odd-numbered year and must be completed not later than 90 days prior to the date of any federal election. A voter's name may not be removed from the registration books later than 90 days prior to the date of a federal election. However, nothing in this section shall preclude the removal of the name of a voter from the voter registration books, at any time and without prior notification, upon the written request of the voter, by reason of conviction of the voter of a felony, by reason of adjudication of the voter as mentally incapacitated with respect to voting, by reason of the death of the voter, or upon a determination of ineligibility as provided in s. 98.075(3).

(4)  If the supervisor receives change-of-address information from the United States Postal Service or its licensees or from jury notices signed by the voter and returned to the courts, which indicates that:

(a)  The voter has moved within the supervisor's county, the supervisor must change the registration records to show the new address and must send the voter a notice of the change by forwardable mail, including a postage prepaid preaddressed return form with which the voter may verify or correct the address information.

(b)  The voter has moved outside the supervisor's county, or contains no forwarding address, the supervisor shall send an address confirmation final notice and remove the name of the voter from the registration record if that voter did not:

1.  Return the postage prepaid preaddressed return form;

2.  Appear to vote;

3.  Change the voter's registration; or

4.  Request an absentee ballot

during the period beginning on the date when the address confirmation final notice was sent and ending on the day after the date of the second general election thereafter.

(5)  The supervisor must designate as inactive all voters who have been sent an address confirmation final notice and who have not returned the postage prepaid preaddressed return form within 30 days. A voter on the inactive list must be allowed to vote and to change the voter's name or address of legal residence at the polls pursuant to s. 101.045 Names on the inactive list may not be used to calculate the number of signatures needed on any petition or the quantity of voting equipment needed.

History.--s. 28, ch. 94-224; s. 6, ch. 2002-281.

¹Note.--Section 22, ch. 2002-281, provides that "[e]xcept as otherwise expressly provided in this act, this act shall take effect one year after the legislature adopts the general appropriations act specifically appropriating to the Department of State, for distribution to the counties, $8.7 million or such other amounts as it determines and appropriates for the specific purpose of funding this act." Line item 2871I of the 2004-2005 General Appropriations Act appropriates $11.6 million for distribution to the counties for one disability-compliant machine per polling place. For purposes of the effect of ch. 2002-281, 1 year after adoption of this appropriation would be July 1, 2005. Effective July 1, 2005, subsection (1) will read:

(1)  The supervisor must conduct a general registration list maintenance program to protect the integrity of the electoral process by ensuring the maintenance of accurate and current voter registration records. The program must be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965. As used in this subsection, the term "nondiscriminatory" applies to and includes persons with disabilities.