CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Election Reform offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Section 97.056, Florida Statutes, 1998

18  Supplement, is repealed effective July 1, 1999.

19         Section 2.  Section 97.071, Florida Statutes, 1998

20  Supplement, is amended to read:

21         97.071  Registration identification card.--

22         (1)  A registration identification card must be

23  furnished to all voters registering under the permanent single

24  registration system and must contain:

25         (a)  Voter's registration number.

26         (b)  Date of registration.

27         (c)  Full name.

28         (d)  Party affiliation.

29         (e)  Date of birth.

30         (f)  Race or ethnicity, if provided by the applicant.

31         (g)  Sex, if provided by the applicant.

                                  1

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1         (h)  Address of legal residence.

 2         (i)  Precinct number.

 3         (j)  Signature of supervisor.

 4         (k)  Place for voter's signature.

 5         (l)  Other information deemed necessary by the

 6  department.

 7         (2)(a)  Except as provided in paragraph (b), the

 8  supervisor of elections shall mail a registration

 9  identification card to the voter at the address listed as the

10  legal residence on the voter's registration application. The

11  card must be sent by nonforwardable, return-if-undeliverable

12  mail.  If the identification card is returned as undeliverable

13  and the voter has indicated a different mailing address on the

14  registration application, the supervisor must mail a notice to

15  the mailing address, notifying the voter that his or her

16  registration identification card was returned and that the

17  voter may appear in person at the supervisor's office to pick

18  up the identification card.  The supervisor must surrender the

19  identification card to the elector upon presentation of a

20  Florida driver's license, a Florida identification card issued

21  under s. 322.051, or another form of picture identification

22  approved by the Department of State.  If the elector fails to

23  furnish the required identification, or if the supervisor has

24  doubts as to the identity of the elector, the supervisor must

25  require the elector to swear an oath substantially similar to

26  the one prescribed in s. 101.49 prior to surrendering the

27  identification card.  The supervisor must keep the

28  identification card on file for 45 days following return of

29  the card as undeliverable.

30         (b)  The supervisor shall mail the voter identification

31  card by forwardable mail to voters who are covered by the

                                  2

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1  Uniformed and Overseas Citizens Absentee Voting Act.

 2         (2)(3)  A voter may receive a replacement of a

 3  registration identification card by providing a signed,

 4  written request for a replacement card to the supervisor. Upon

 5  verification of registration, the supervisor shall issue the

 6  voter a duplicate card without charge.

 7         (3)(4)  In the case of a change of name, address, or

 8  party affiliation, the supervisor must issue the voter a new

 9  registration identification card. However, a registration

10  identification card indicating a party affiliation change made

11  between the book-closing date for the first primary election

12  and the date of the second primary election may not be issued

13  until after the second primary election.

14         Section 3.  Section 101.64, Florida Statutes, 1998

15  Supplement, is amended to read:

16         101.64  Delivery of absentee ballots; envelopes;

17  form.--

18         (1)  The supervisor shall enclose with each absentee

19  ballot two envelopes:  a secrecy envelope, into which the

20  absent elector shall enclose his or her marked ballot; and a

21  mailing envelope, into which the absent elector shall then

22  place the secrecy envelope, which shall be addressed to the

23  supervisor and also bear on the back side a certificate in

24  substantially the following form:

25

26         Note:  Please Read Instructions Carefully Before

27        Marking Ballot and Completing Voter's Certificate.

28                       VOTER'S CERTIFICATE

29         I, ...., do solemnly swear or affirm that I am a

30  qualified and registered voter of .... County, Florida. I

31  understand that if I commit or attempt to commit any fraud in

                                  3

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1  connection with voting, vote a fraudulent ballot, or vote more

 2  than once in an election, I can be convicted of a felony of

 3  the third degree and fined up to $5,000 and/or imprisoned for

 4  up to 5 years.  I also understand that failure to sign this

 5  certificate and have my signature witnessed will invalidate my

 6  ballot. I am entitled to vote an absentee ballot for one of

 7  the following reasons:

 8

 9         1.  I am unable without another's assistance to attend

10  the polls.

11         2.  I may not be in the precinct of my residence during

12  the hours the polls are open for voting on election day.

13         3.  I am an inspector, a poll worker, a deputy voting

14  machine custodian, a deputy sheriff, a supervisor of

15  elections, or a deputy supervisor who is assigned to a

16  different precinct than that in which I am registered.

17         4.  On account of the tenets of my religion, I cannot

18  attend the polls on the day of the general, special, or

19  primary election.

20         5.  I have changed my permanent residency to another

21  county in Florida within the time period during which the

22  registration books are closed for the election.  I understand

23  that I am allowed to vote only for national and statewide

24  offices and on statewide issues.

25         6.  I have changed my permanent residency to another

26  state and am unable under the laws of such state to vote in

27  the general election.  I understand that I am allowed to vote

28  only for President and Vice President.

29         7.  I am unable to attend the polls on election day and

30  am voting this ballot in person at the office of, and under

31  the supervision of, the county supervisor of elections.

                                  4

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1

 2                                       ...(Voter's Signature)...

 3                                 ....(Printed Name of Voter)....

 4

 5  ...(Last four digits of voter's social security number)...

 6  Note: Your Signature Must Be Witnessed By One Witness 18 Years

 7  of Age or Older as provided in Item 7. of the Instruction

 8  Sheet. Either:

 9         a.  A Notary or Officer Defined in Item 6.b. of the

10  Instruction Sheet.

11

12         Sworn to (or affirmed) and subscribed before me this

13  .... day of ........, ...(year)..., by ...(name of person

14  making statement).... My commission expires this .... day of

15  ........, ...(year)....

16                                   ...(Signature of Official)...

17                              ...(Print, Type, or Stamp Name)...

18                          ...(State or Country of Commission)...

19         Personally Known ........ OR Produced Identification

20  ........

21         Type of Identification Produced........................

22

23                                OR

24

25         b.  One Witness, who is a registered voter in the

26  State.

27

28  I swear or affirm that the voter signed this Voter's

29  Certificate in my presence and that, unless I am an officer

30  entitled to administer oaths or unless I have been certified

31  as an absentee ballot coordinator, I have not witnessed more

                                  5

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1  than 5 ballots for this election.

 2

 3  WITNESS:

 4

 5  ...(Signature of Witness)...

 6                                 ...(Printed Name of Witness)...

 7

 8          ...(Voter I.D. Number of Witness and County of

 9                         Registration)...

10

11  ...(Address)...

12                                      ...(City/State/Country)...

13

14         (2)  The certificate shall be arranged on the back of

15  the mailing envelope so that the lines for the signatures of

16  the absent elector and the attesting witness are across the

17  seal of the envelope; however, no statement shall appear on

18  the envelope which indicates that a signature of the voter or

19  witness must cross the seal of the envelope.  The absent

20  elector and the attesting witness shall execute the

21  certificate on the envelope.

22         Section 4.  Section 101.65, Florida Statutes, 1998

23  Supplement, is amended to read:

24         101.65  Instructions to absent electors.--The

25  supervisor shall enclose with each absentee ballot separate

26  printed instructions in substantially the following form:

27

28  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

29         1.  VERY IMPORTANT.  In order to ensure that your

30  absentee ballot will be counted, it should be completed and

31  returned as soon as possible so that it can reach the

                                  6

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1  supervisor of elections of the county in which your precinct

 2  is located no later than 7 p.m. on the day of the election.

 3         2.  Mark your ballot in secret as instructed on the

 4  ballot. You must mark your own ballot unless you are unable to

 5  do so because of blindness, disability, or inability to read

 6  or write.

 7         3.  Place your marked ballot in the enclosed secrecy

 8  envelope.

 9         4.  Insert the secrecy envelope into the enclosed

10  mailing envelope which is addressed to the supervisor.

11         5.  Seal the mailing envelope and completely fill out

12  the Voter's Certificate on the back of the mailing envelope.

13         6.  VERY IMPORTANT.  In order for your absentee ballot

14  to be counted, you must sign your name on the line above

15  (Voter's Signature) and print your name legibly on the line

16  above....(Printed Name of Voter)....., place the last four

17  digits of your Social Security number in the space provided,

18  and your ballot must be witnessed in either of the following

19  manners:

20         a.  One witness, who is a registered voter in the

21  state, must affix his or her signature, printed name, address,

22  voter identification number, and county of registration on the

23  voter's certificate. Each witness is limited to witnessing

24  five ballots per election unless certified as an absentee

25  ballot coordinator. A candidate may not serve as an attesting

26  witness.

27         b.  Any notary or other officer entitled to administer

28  oaths or any Florida supervisor of elections or deputy

29  supervisor of elections, other than a candidate, may serve as

30  an attesting witness.

31         7.  VERY IMPORTANT. In order for your absentee ballot

                                  7

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1  to be counted, it must include the signature, legibly printed

 2  name, and address of a witness 18 years of age or older

 3  affixed to the voter's certificate. Each witness is limited to

 4  witnessing 5 ballots per election unless certified as an

 5  absentee ballot coordinator or unless the witness is an

 6  officer entitled to administer oaths. A candidate may not

 7  serve as an attesting witness.

 8         8.7.  Mail, deliver, or have delivered the completed

 9  mailing envelope. Be sure there is sufficient postage if

10  mailed.

11         9.8.  FELONY NOTICE. It is a felony under Florida law

12  to accept any gift, payment, or gratuity in exchange for your

13  vote for a candidate. It is also a felony under Florida law to

14  vote in an election using a false identity or false address,

15  or under any other circumstances making your ballot false or

16  fraudulent.

17         Section 5.  Paragraph (c) of subsection (2) of section

18  101.68, Florida Statutes, 1998 Supplement, is amended to read:

19         101.68  Canvassing of absentee ballot.--

20         (2)

21         (c)1.  The canvassing board shall, if the supervisor

22  has not already done so, compare the signature of the elector

23  on the voter's certificate with the signature of the elector

24  in the registration books to see that the elector is duly

25  registered in the county and to determine the legality of that

26  absentee ballot. An absentee ballot shall be considered

27  illegal if it does not include the signature and the last four

28  digits of the social security number of the elector, as shown

29  by the registration records, and the signature, printed name,

30  which must be legible unless the name is plainly apparent from

31  the signature, and address of an attesting witness. either:

                                  8

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1         a.  The subscription of a notary or officer defined in

 2  Item 6.b. of the instruction sheet, or

 3         b.  The signature, printed name, address, voter

 4  identification number, and county of registration of one

 5  attesting witness, who is a registered voter in the state.

 6

 7  However, an absentee ballot shall not be considered illegal if

 8  the signature of the elector or attesting witness does not

 9  cross the seal of the mailing envelope or if the person

10  witnessing the ballot is in violation of s. 104.047(3). If the

11  canvassing board determines that any ballot is illegal, a

12  member of the board shall, without opening the envelope, mark

13  across the face of the envelope:  "rejected as illegal."  The

14  envelope and the ballot contained therein shall be preserved

15  in the manner that official ballots voted are preserved.

16         2.  If any elector or candidate present believes that

17  an absentee ballot is illegal due to a defect apparent on the

18  voter's certificate, he or she may, at any time before the

19  ballot is removed from the envelope, file with the canvassing

20  board a protest against the canvass of that ballot, specifying

21  the precinct, the ballot, and the reason he or she believes

22  the ballot to be illegal. A challenge based upon a defect in

23  the voter's certificate may not be accepted after the ballot

24  has been removed from the mailing envelope.

25         Section 6.  Section 101.647, Florida Statutes, is

26  amended to read:

27         101.647  Return of absentee ballots.--

28         (1)  Absentee ballots must be returned to the

29  supervisor of elections by the elector, either in person or by

30  mail.

31         (2)  If the elector is unable to mail or personally

                                  9

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1  deliver the ballot, the elector may designate in writing a

 2  person who may return the ballot for the elector; however, the

 3  person designated may not return more than two absentee

 4  ballots per election, other than the designee's own ballot,

 5  except that additional ballots may be returned for members of

 6  the designee's immediate family.  For purposes of this

 7  section, the term "immediate family" means the designee's

 8  spouse or the parent, child, grandparent, or sibling of the

 9  designee or of the designee's spouse.  The designee must

10  provide to the supervisor the written authorization by the

11  elector and a picture identification of the designee and must

12  complete an affidavit. The designee shall state in the

13  affidavit that the designee is authorized to return that

14  ballot and shall indicate if the elector is a member of the

15  designee's immediate family and, if so, the relationship. The

16  designee shall also state in the affidavit that the designee

17  has not and will not return more than two absentee ballots for

18  this election, other than the designee's own ballot and

19  ballots for the designee's immediate family. The department

20  shall prescribe the form of the affidavit. If the supervisor

21  is satisfied that the designee is authorized under law to

22  return the ballot, the supervisor shall accept receipt of the

23  ballot.

24         Section 7.  Subsections (1) and (3) of section 104.047,

25  Florida Statutes, 1998 Supplement, are amended and a new

26  subsection (6) is added to said section, to read:

27         104.047  Absentee voting.--

28         (1)  Any person who provides or offers to provide, and

29  any person who accepts, a pecuniary or other benefit in

30  exchange for distributing, ordering, requesting, witnessing,

31  collecting, delivering, or otherwise physically possessing

                                  10

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1  absentee ballots, except as provided in ss. 101.6105-101.694,

 2  is guilty of a felony of the third degree, punishable as

 3  provided in s. 775.082, s. 775.083, or s. 775.084.

 4         (3)  Any person, other than an a notary or other

 5  officer entitled to administer oaths or an absentee ballot

 6  coordinator as provided by s. 101.685, who witnesses more than

 7  five ballots in any single election, is guilty of a

 8  misdemeanor of the first degree, punishable as provided in s.

 9  775.082 or s. 775.083.

10         (6)  Any person who by mail solicits an elector to mail

11  or give his or her absentee ballot or absentee ballot request

12  to anyone other than the supervisor of elections or an

13  authorized designee as provided in s. 101.62 or s. 101.647, is

14  guilty of a misdemeanor of the first degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         Section 8.  Subsection (3) of section 105.031, Florida

17  Statutes, is amended to read:

18         105.031  Qualification; filing fee; candidate's oath;

19  items required to be filed.--

20         (3)  QUALIFYING FEE.--Each candidate qualifying for

21  election to judicial office, except write-in judicial

22  candidates, shall, during the time for qualifying, pay to the

23  officer with whom he or she qualifies a qualifying fee, which

24  shall consist of a filing fee and an election assessment, or

25  qualify by the alternative method. The amount of the filing

26  fee is 3 percent of the annual salary of the office sought.

27  The amount of the election assessment is 1 percent of the

28  annual salary of the office sought.  The qualifying officer

29  shall forward all filing fees to the Department of Revenue for

30  deposit in the Elections Commission Trust Fund General Revenue

31  Fund.  The election assessment shall be deposited into the

                                  11

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1  Elections Commission Trust Fund.  The annual salary of the

 2  office for purposes of computing the qualifying fee shall be

 3  computed by multiplying 12 times the monthly salary authorized

 4  for such office as of July 1 immediately preceding the first

 5  day of qualifying. This subsection shall not apply to

 6  candidates qualifying for retention to judicial office.

 7         Section 9.  The qualifying officer shall forward all

 8  filing fees paid by candidates for school board office, except

 9  write-in candidates, to the Department of Revenue for deposit

10  into the Elections Commission Trust Fund.

11         Section 10.  Subsection (3) of section 106.011, Florida

12  Statutes, is amended to read:

13         106.011  Definitions.--As used in this chapter, the

14  following terms have the following meanings unless the context

15  clearly indicates otherwise:

16         (3)  "Contribution" means:

17         (a)  A gift, subscription, conveyance, deposit, loan,

18  payment, or distribution of money or anything of value,

19  including contributions in kind having an attributable

20  monetary value in any form, made for the purpose of

21  influencing the results of an election.

22         (b)  A transfer of funds between political committees,

23  between committees of continuous existence, or between a

24  political committee and a committee of continuous existence.

25         (c)  The payment, by any person other than a candidate

26  or political committee, of compensation for the personal

27  services of another person which are rendered to a candidate

28  or political committee without charge to the candidate or

29  committee for such services.

30         (d)  The transfer of funds by a campaign treasurer or

31  deputy campaign treasurer between a primary depository and a

                                  12

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1  separate interest-bearing account or certificate of deposit,

 2  and the term includes any interest earned on such account or

 3  certificate.

 4

 5  Notwithstanding the foregoing meanings of "contribution," the

 6  word shall not be construed to include services, including,

 7  but not limited to, legal and accounting services, provided

 8  without compensation by individuals volunteering a portion or

 9  all of their time on behalf of a candidate or political

10  committee.  This definition shall not be construed to include

11  editorial endorsements by any newspaper, radio or television

12  station, or other recognized news medium.

13         Section 11.  Subsection (3) of section 106.071, Florida

14  Statutes, is amended to read:

15         106.071  Independent expenditures; reports;

16  disclaimers.--

17         (3)  No person may make a contribution in excess of

18  $500 $1,000 to any other person, to be used by such other

19  person to make an independent expenditure.

20         Section 12.  Subsection (3) of section 106.15, Florida

21  Statutes, is amended to read:

22         106.15  Certain acts prohibited.--

23         (3)  No candidate shall, in the furtherance of his or

24  her candidacy for nomination or election to public office in

25  any election, use the services of any officer or employee of

26  the state, county, municipality, or special district during

27  working hours.

28         Section 13.  Except as otherwise provided herein, this

29  act shall take effect January 1, 2000.

30

31

                                  13

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On beginning on page 1, through page 2 line 4

 4  remove the entire title of the bill:

 5

 6  and insert in lieu thereof:

 7                      A bill to be entitled

 8         An act relating to elections; amending s.

 9         97.071, F.S.; deleting procedures for mailing

10         voter registration identification cards;

11         repealing s. 97.056, F.S.; relating to

12         registration by mail and persons required to

13         vote in person; amending s. 101.64, F.S.;

14         modifying absentee ballot certificates;

15         amending s. 101.65, F.S.; modifying

16         instructions to absent electors; amending s.

17         101.68, F.S.; modifying information that must

18         be included on an absentee ballot; amending s.

19         101.647, F.S.; prescribing information that an

20         absent elector's designee must include with an

21         absentee ballot; amending s. 104.047, F.S.;

22         prohibiting the receipt of a fee or benefit for

23         witnessing an absentee ballot; providing a

24         criminal penalty; prohibiting solicitation by

25         mail to mail or give an absentee ballot or

26         absentee ballot request to anyone other than

27         the supervisor or an authorized designee;

28         amending s. 105.031, F.S.; providing that

29         filing fees paid by judicial candidates shall

30         be deposited in the Elections Commission Trust

31         Fund; providing that filing fees paid by school

                                  14

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No. 1 (for drafter's use only)





 1         board candidates be deposited in the Elections

 2         Commission Trust Fund; amending s. 106.011,

 3         F.S.; redefining the term "contribution";

 4         amending s. 106.071, F.S.; reducing the amount

 5         of allowable contribution for an independent

 6         expenditure; amending s. 106.15, F.S.;

 7         prohibiting candidates from using county,

 8         municipality, or special district employees in

 9         their campaigns during working hours; providing

10         an effective dates.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  15

    File original & 9 copies    03/31/99
    her0001                     07:37 am         01507-er  -774083