Senate Bill 1652

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    Florida Senate - 2000                                  SB 1652

    By the Committee on Ethics and Elections; and Senators
    Saunders, Kirkpatrick, Rossin and Sebesta




    313-848B-00

  1                      A bill to be entitled

  2         An act relating to the Florida Voter

  3         Information Guide; requiring the chief election

  4         officer to produce an electronic voter

  5         information guide before certain elections;

  6         prescribing the content of the guide;

  7         establishing procedures and deadlines for the

  8         submission and posting of information;

  9         providing an appropriation; providing an

10         effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Short title.--This act may be cited as the

15  "Florida Voter Information Guide Act."

16         Section 2.  Florida voter information guide.--

17         (1)  Before each general election, and before each

18  special election at which a constitutional amendment will be

19  voted on, the chief election officer shall produce a voter

20  information guide that will be made available on the Internet.

21  The chief election officer may also produce and distribute a

22  nonelectronic version of the voter information guide, but the

23  chief election officer must adopt administrative rules for

24  this purpose.

25         (2)  Material submitted for inclusion in any voter

26  information guide may not be admitted into evidence in any

27  suit or action brought against the chief election officer to

28  restrain or enjoin the publication of all or a part of the

29  guide.

30         (3)  In addition to the information required by this

31  act, the chief election officer may adopt rules to include in

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  1  the voter information guide other nonpartisan information that

  2  is beneficial to voters.

  3         Section 3.  Florida voter information guide;

  4  nonjudicial candidates.--

  5         (1) As used in this section, the term "candidate" means

  6  any person as defined in section 97.021, Florida Statutes,

  7  other than a candidate for judicial office, who is required by

  8  law to qualify for election with the Department of State.

  9         (2)(a)  The voter information guide must include the

10  following information concerning each candidate who files

11  information with the chief election officer meeting the

12  requirements of this section:

13         1.  The office sought;

14         2.  A brief general description of the duties of the

15  office;

16         3.  The candidate's name;

17         4.  The candidate's political party;

18         5.  The candidate's mailing address;

19         6.  An unretouched photograph of the candidate, taken

20  within 2 years before submission to the chief election

21  officer;

22         7.  The candidate's written statement in support of his

23  or her candidacy; and

24         8.  The candidate's campaign telephone number and links

25  to the candidate's e-mail address and web site, if available.

26         (b)  For federal candidates, the chief election officer

27  must include on-line the information specified in

28  subparagraphs (a)1. through (a)5. within 3 business days after

29  the candidate qualifies for office or files with the chief

30  election officer a Statement of Candidacy or letter containing

31  the required information, whichever occurs earlier. For

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  1  nonfederal candidates, the chief election officer must include

  2  on-line the information specified in subparagraphs (a)1.

  3  through (a)5. within 3 business days after the candidate files

  4  the appointment of a campaign treasurer and designation of

  5  campaign depository with the Department of State. For all

  6  candidates, the chief election officer must make available

  7  on-line the candidate's photograph, the candidate's statement,

  8  and the candidate's campaign telephone number, e-mail address,

  9  and web address within 5 business days after the candidate has

10  filed the information, or reject all or a part of the

11  information submitted and provide notice pursuant to

12  subsection (3). Until the chief election officer has received

13  information meeting the requirements of this section or during

14  the pendency of a judicial action pursuant to subsection (3),

15  the chief election officer shall use the phrase "Not

16  Available" in the voter information guide in lieu of the

17  missing or defective item of information.

18         (c)  No later than 21 days before the general election,

19  each candidate may file with the chief election officer the

20  information required in subparagraphs (a)6. through (a)8.

21         (d)  Each candidate's statement submitted pursuant to

22  this section:

23         1.  Must not exceed 250 words, excluding the

24  candidate's name, party, mailing address, telephone number,

25  and e-mail and web addresses;

26         2.  Must not contain any direct or indirect reference

27  to an opposing candidate;

28         3.  Must not include the name of any person or

29  organization cited as supporting or endorsing the candidate or

30  any part of the statement, unless at the time of filing the

31  statement the candidate files a sworn, written oath or

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  1  affirmation by the person, or by an authorized person on

  2  behalf of an organization, consenting to the use of the name

  3  of the person or organization for that purpose; and

  4         4.  Must consist only of words, numbers, and

  5  punctuation marks.

  6         (e)  Each photograph submitted pursuant to this

  7  section:

  8         1.  Must have been taken within 2 years before the date

  9  of filing;

10         2.  Must be a conventional photograph that has a plain

11  background;

12         3.  Must show only the face or the head, neck, and

13  shoulders of the candidate;

14         4.  Must be unretouched, with no alteration or

15  manipulation of the candidate's likeness or image after the

16  taking of the photograph;

17         5.  Must not include the hands or anything held in the

18  hands of the candidate;

19         6.  Must not show the candidate wearing a judicial

20  robe, a hat, or a military, police, or fraternal uniform; and

21         7.  Must not show the uniform or insignia of any

22  organization.

23         (f)  Once a candidate's statement or photograph has

24  been filed with the chief election officer, it may be

25  withdrawn only by written request of the candidate prior to

26  publication. Except for the candidate's name, mailing address,

27  campaign telephone number, e-mail address, or web address, the

28  statement or photograph may not be amended or modified except

29  as provided in subsection (3). Changes to the candidate's

30  name, mailing address, campaign telephone number, e-mail

31  address, or web address may be filed with the chief election

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  1  officer no later than 21 days before the general election. The

  2  chief election officer must post these changes to the on-line

  3  voter information guide within 24 hours after receipt of the

  4  amended information, excluding Saturdays, Sundays, and

  5  holidays.

  6         (g)  The chief election officer must remove a

  7  candidate's information from the on-line voter information

  8  guide within 72 hours after the candidate withdraws his or her

  9  candidacy, becomes an unopposed candidate, or is eliminated as

10  a candidate, excluding Saturdays, Sundays, and holidays.

11         (h)  The following statement must be printed at the

12  bottom of each page where candidates' statements appear:

13  "Statements printed on this page are exclusively those of the

14  candidates, and have not been checked for accuracy by any

15  government agency."

16         (3)(a)  If the chief election officer finds that any

17  photograph fails to meet the requirements of paragraph (2)(e)

18  or that any candidate's statement offered for filing:

19         1.  Contains any obscene, vulgar, profane, libelous, or

20  defamatory language or matter,

21         2.  Incites or advocates hatred, abuse, or violence

22  toward any person or group, or

23         3.  Otherwise fails to meet the requirements of this

24  section,

25

26  the chief election officer must reject the photograph or

27  statement and notify the candidate within 5 days after the

28  filing. The notification must identify the specific language

29  or material objected to and the reasons for the objection.

30  Until 21 days before the general election, the candidate may

31  file a different photograph or statement with the chief

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  1  election officer or may challenge the chief election officer's

  2  finding by filing a suit or action in the circuit court in

  3  Leon County to compel inclusion of the photograph or statement

  4  in the voter information guide.

  5         (b)  If the candidate files a different photograph or

  6  candidate statement that is not prohibited under paragraph

  7  (a), the chief election officer must include the new

  8  photograph or statement in the voter information guide within

  9  5 days after the filing. In determining whether the different

10  photograph or statement is prohibited, the chief election

11  officer may not raise an objection to any language or matter

12  included in the original photograph or statement which was not

13  the subject of a prior objection. If, however, the chief

14  election officer finds that the new photograph or statement is

15  prohibited, the chief election officer must reject it and

16  notify the candidate within 5 days after the filing pursuant

17  to paragraph (a). Following receipt of the notice, the

18  candidate may take action as provided in paragraph (a).

19         (c)  If the candidate files a judicial action to compel

20  inclusion of the photograph or candidate statement and the

21  court rules in favor of the candidate, the chief election

22  officer shall include the photograph or statement on-line

23  within 24 hours after the execution of the court order,

24  excluding Saturdays, Sundays, and holidays. If the court rules

25  for the chief election officer, the candidate has until 21

26  days before the general election to file a different

27  photograph or statement. The chief election officer shall

28  determine whether the new photograph or statement meets the

29  requirements of this section for inclusion in the voter

30  information guide and, if so, make the information available

31  on-line within 5 days after the filing.  In making this

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  1  determination, the chief election officer may not raise an

  2  objection to any language or matter included in the original

  3  photograph or statement which was not the subject of a prior

  4  objection. If, however, the chief election officer finds that

  5  the new photograph or statement is prohibited, the chief

  6  election officer must reject it and notify the candidate

  7  within 5 days after the filing pursuant to paragraph (a).

  8  Following receipt of the notice, the candidate may take action

  9  as provided in paragraph (a). If the court rules against the

10  candidate within 21 days preceding the general election, the

11  phrase "Not Available" must be used in the voter information

12  guide through the general election in lieu of the information.

13         (4)  This section does not require the chief election

14  officer to modify any nonelectronic version of the voter

15  information guide previously published.

16         (5)  Administrative rules may be adopted to administer

17  the provisions of this section.

18         Section 4.  Florida voter information guide; judicial

19  candidates.--

20         (1)  As used in this section, the term "judicial

21  candidate" means any person as defined in section 97.021,

22  Florida Statutes, seeking election or retention to the office

23  of:

24         (a)  Justice of the Supreme Court.

25         (b)  Judge of a district court of appeal.

26         (c)  Judge of a circuit court.

27         (2)(a)  The voter information guide must include a

28  written candidate's statement for each judicial candidate in

29  resume format containing the following headings:

30         1.  Name;

31         2.  Campaign Address and Telephone Number;

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  1         3.  Date of Admission to The Florida Bar;

  2         4.  Education;

  3         5.  Professional Legal Background;

  4         6.  Judicial Background;

  5         7.  Professional Activities/Associations/Affiliations;

  6         8.  Educational/Professional Honors and Awards;

  7         9.  Professional Teaching/Educational Activities; and

  8         10.  Community Activities.

  9

10  In addition, the voter information guide must include the

11  office sought and an unretouched photograph of the judicial

12  candidate taken within 2 years before submission to the chief

13  election officer.

14         (b)  Within 3 business days after a judicial candidate

15  files the appointment of a campaign treasurer and designation

16  of campaign depository with the Department of State, the chief

17  election officer shall include on-line the name of the

18  judicial candidate and office sought. The chief election

19  officer must, within 5 business days after the judicial

20  candidate has filed the information, either make available

21  on-line the remaining information required in paragraph (a) or

22  reject all or a part of the information and provide notice

23  pursuant to subsection (3). Until the chief election officer

24  has received information meeting the requirements of this

25  section or during the pendency of a judicial action pursuant

26  to subsection (3), the chief election officer shall use the

27  phrase "Not Available" in the voter information guide in lieu

28  of the missing or defective item of information.

29         (c)  No later than 21 days before the first primary

30  election, each judicial candidate may file with the chief

31  election officer a photograph and written candidate's

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  1  statement that is in resume format and that meets the

  2  requirements of paragraph (a).

  3         (d)  Each judicial candidate's statement submitted

  4  pursuant to this section:

  5         1.  Must not exceed 500 words, excluding section

  6  headings;

  7         2.  Must not contain any direct or indirect reference

  8  to an opposing judicial candidate;

  9         3.  May not include the name of any person or

10  organization cited as supporting or endorsing the judicial

11  candidate or any part of the statement, unless at the time of

12  filing the statement the judicial candidate files a sworn,

13  written oath or affirmation by the person, or by an authorized

14  person on behalf of an organization, consenting to the use of

15  the name of the person or organization for that purpose;

16         4.  Must include the information required in

17  subparagraphs (a)1. through (a)5.; and

18         5.  Must consist only of words, numbers, and

19  punctuation marks.

20         (e)  Each judicial candidate's photograph submitted

21  pursuant to this section:

22         1.  Must have been taken within 2 years before the date

23  of filing;

24         2.  Must be a conventional photograph that has a plain

25  background;

26         3.  Must show only the face or the head, neck, and

27  shoulders of the judicial candidate;

28         4.  Must be unretouched, with no alteration or

29  manipulation of the judicial candidate's likeness or image

30  after the taking of the photograph;

31

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  1         5.  Must not include the hands or anything held in the

  2  hands of the judicial candidate;

  3         6.  Must not show the judicial candidate wearing a

  4  judicial robe, a hat, or a military, police, or fraternal

  5  uniform; and

  6         7.  Must not show the uniform or insignia of any

  7  organization.

  8         (f)  If a judicial candidate does not timely submit

  9  information meeting the requirements of this section for any

10  specific heading identified in subparagraphs (a)5. through

11  (a)9., that heading must be omitted from the judicial

12  candidate's statement in the voter information guide. If the

13  judicial candidate does not timely submit a photograph meeting

14  the requirements of this section, the chief election officer

15  shall use the phrase "Not Available" in lieu of the missing or

16  defective photograph.

17         (g)  To the extent that there is a conflict between the

18  requirements in this section and the Code of Judicial Conduct,

19  the Code of Judicial Conduct controls.

20         (h)  Once a photograph or judicial candidate's

21  statement has been filed with the chief election officer, it

22  may be withdrawn by the judicial candidate only by written

23  request prior to publication. Except for the judicial

24  candidate's name, campaign address, or telephone number, the

25  judicial candidate may not amend or modify the photograph or

26  judicial candidate's statement except as provided in

27  subsection (3). Changes to the judicial candidate's name,

28  campaign address, or telephone number may be filed with the

29  chief election officer no later than 21 days before the

30  general election. The chief election officer must post these

31  changes to the on-line voter information guide within 24 hours

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  1  after receipt of the amended information, excluding Saturdays,

  2  Sundays, and holidays.

  3         (i)  For circuit court election contests, the chief

  4  election officer must remove a judicial candidate's

  5  information from the on-line voter information guide within 72

  6  hours after the judicial candidate withdraws his or her

  7  candidacy, becomes an unopposed candidate, or is eliminated as

  8  a candidate, excluding Saturdays, Sundays, and holidays.

  9         (j)  The following statement must be printed at the

10  bottom of each page where judicial candidates' statements

11  appear: "Statements printed on this page are exclusively those

12  of the judicial candidates, and have not been checked for

13  accuracy by any government agency."

14         (3)(a)  If the chief election officer finds that any

15  photograph fails to meet the requirements of paragraph (2)(e)

16  or that any judicial candidate's statement offered for filing:

17         1.  Contains any obscene, vulgar, profane, libelous, or

18  defamatory language or matter,

19         2.  Incites or advocates hatred, abuse, or violence

20  toward any person or group, or

21         3.  Otherwise fails to meet the requirements of this

22  section,

23

24  the chief election officer must reject it and notify the

25  judicial candidate within 5 days after the filing. The

26  notification must identify the specific language or material

27  objected to, and the reasons for the objection. No later than

28  21 days before the first primary election, the judicial

29  candidate may file a different photograph or statement with

30  the chief election officer or may challenge the chief election

31  officer's finding by filing a suit or action in the circuit

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  1  court in Leon County to compel inclusion of the photograph or

  2  statement in the voter information guide.

  3         (b)  If the judicial candidate files a different

  4  photograph or judicial candidate's statement that is not

  5  prohibited under paragraph (a), the chief election officer

  6  must include the new photograph or statement in the voter

  7  information guide within 5 days after the filing. In

  8  determining whether the different photograph or judicial

  9  candidate's statement is prohibited, the chief election

10  officer may not raise an objection to any language or matter

11  included in the original photograph or statement which was not

12  the subject of a prior objection. If, however, the chief

13  election officer finds that the new photograph or statement is

14  prohibited, the chief election officer must reject it and

15  notify the judicial candidate within 5 days after the filing

16  pursuant to paragraph (a). Following receipt of the notice,

17  the judicial candidate may take action as provided in

18  paragraph (a).

19         (c)  If the judicial candidate files a judicial action

20  to compel inclusion of the photograph or judicial candidate's

21  statement and the court rules in favor of the judicial

22  candidate, the chief election officer shall include the

23  photograph or statement on-line within 24 hours after the

24  execution of the court order, excluding Saturdays, Sundays,

25  and holidays. If the court rules for the chief election

26  officer, the judicial candidate has until 21 days before the

27  primary election to file a different photograph or statement.

28  The chief election officer shall determine whether the new

29  photograph or statement meets the requirements of this section

30  for inclusion in the voter information guide and, if so, make

31  the information available on-line within 5 days after the

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  1  filing. In making this determination, the chief election

  2  officer may not raise an objection to any language or matter

  3  included in the original photograph or statement which was not

  4  the subject of a prior objection. If, however, the chief

  5  election officer finds that the new photograph or statement is

  6  prohibited, the chief election officer must reject it and

  7  notify the judicial candidate within 5 days after the filing

  8  pursuant to paragraph (a). Following receipt of the notice,

  9  the judicial candidate may take action as provided in

10  paragraph (a). If the court rules against the judicial

11  candidate later than 21 days preceding the primary election,

12  the phrase "Not Available" must be used in the voter

13  information guide through the general election in lieu of the

14  defective information.

15         (4)  Nothing in this section requires the chief

16  election officer to modify any nonelectronic version of the

17  voter information guide previously published.

18         (5)  Administrative rules may be adopted to administer

19  the provisions of this section.

20         Section 5.  Florida voter information guide;

21  constitutional amendments.--

22         (1)(a)  The voter information guide must include the

23  following information for each constitutional amendment which

24  will be voted on by the electors:

25         1.  The identification of the measure by number

26  designation as provided in section 101.161, Florida Statutes;

27         2.  The ballot title and substance of the amendment as

28  provided by section 101.161, Florida Statutes;

29         3.  For amendments proposed by the Legislature, the

30  number of votes cast for and against the joint resolution in

31  both the Senate and the House of Representatives;

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  1         4.  A concise summary of the general meaning and effect

  2  of "yes" and "no" votes on each measure, pursuant to

  3  subsection (2);

  4         5.  The full text of the amendment;

  5         6.  An argument in favor of the measure; and

  6         7.  An argument in opposition to the measure.

  7         (b)  No later than 75 days before the date on which the

  8  constitutional amendment will be voted on, the chief election

  9  officer shall include on-line the information in subparagraphs

10  (a)1. through (a)5. The chief election officer must, within 5

11  business days after the information has been filed or on the

12  75th day before the election, whichever occurs later, make

13  available on-line the highest ranking argument in favor of the

14  measure and the highest ranking argument in opposition to the

15  measure or reject the information submitted and provide notice

16  pursuant to subsection (6). Until the chief election officer

17  has received information meeting the requirements of this

18  section or during the pendency of a judicial action pursuant

19  to subsection (6), the chief election officer must use the

20  phrase "Not Available" in the voter information guide in lieu

21  of the missing or defective argument.

22         (c)  Once an argument has been filed with the chief

23  election officer, it may be withdrawn only by written request

24  of the author submitted prior to publication. Other than the

25  name and mailing address of the author, it may not be amended

26  or modified except as provided in subsection (6). Changes to

27  the name or mailing address of the individual or group

28  proposing the argument may be filed with the chief election

29  officer no later than 21 days before the date on which the

30  amendment will be voted on. The chief election officer must

31  post these changes to the on-line voter information guide

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  1  within 24 hours after receipt of the amended information,

  2  excluding Saturdays, Sundays, and holidays.

  3         (d)  The following statement must be printed at the

  4  bottom of each page where arguments appear: "Arguments printed

  5  on this page are the opinions of the authors, and have not

  6  been checked for accuracy by any government agency."

  7         (2)  The Office of Program Policy Analysis and

  8  Government Accountability shall prepare an objective analysis,

  9  including a fiscal impact section, describing each

10  constitutional amendment that will be voted on by the

11  electors. The analysis must contain clear, simple language and

12  avoid the use of technical terms wherever possible so as to be

13  easily understood by the average voter. The analysis must be

14  filed with the chief election officer no later than 80 days

15  before the date on which the amendment will be voted on. The

16  Office of Economic and Demographic Research shall assist the

17  Office of Program Policy Analysis and Government

18  Accountability in preparing the analysis, upon request.

19         (3)(a)  Whenever the Legislature submits an amendment

20  to the voters, the prime sponsor of the resolution and one

21  other person appointed by the sponsor may draft the argument

22  in favor of the amendment, or the sponsor may appoint no more

23  than two persons to draft the argument. The argument may be

24  filed no later than 35 days before the date on which the

25  amendment will be voted on.

26         (b)  If the joint resolution by the Legislature was not

27  adopted unanimously, one member of each house who voted

28  against it will be appointed by the presiding officer of each

29  respective house to draft the argument against the amendment.

30  If one house adopts the joint resolution unanimously but the

31  other does not, the presiding officer of the house with

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  1  objecting members will appoint two members who voted against

  2  the joint resolution to draft the argument against the

  3  amendment. Alternatively, if only one member of the

  4  Legislature voted against the joint resolution, that member

  5  and one other person appointed by that member may draft the

  6  argument against the amendment, or that member may appoint no

  7  more than two persons to draft the argument. The argument may

  8  be filed with the chief election officer no later than 35 days

  9  before the date on which the amendment will be voted on.

10         (c)  If the joint resolution was adopted unanimously by

11  the Legislature or if an argument for or against an amendment

12  submitted to the voters by the Legislature has not been filed

13  by a member of the Legislature or his or her designee by the

14  deadline, the chief election officer must immediately issue a

15  general press release soliciting arguments from interested

16  groups and persons. The press release must consist of an

17  announcement containing:

18         1.  The full text of the joint resolution;

19         2.  A summary of the essential nature or purpose of the

20  measure for or against which no argument has been filed;

21         3.  A statement that the affirmative or negative

22  arguments, or both, have not been filed;

23         4.  An invitation to any voter or group of voters to

24  submit and file with the chief election officer, within 14

25  days, arguments for or against the measure as to which

26  affirmative or negative arguments have not been filed; and

27         5.  A description of the process for ranking the

28  arguments filed.

29

30  Fourteen days after issuing the press release, the chief

31  election officer must rank the arguments received based on

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  1  authorship, with the highest ranking going to arguments

  2  submitted by political committees organized under section

  3  106.03, Florida Statutes, followed by bona fide associations

  4  of Florida residents, and last by Florida registered voters.

  5  The highest-ranked argument meeting the requirements of this

  6  section must be included in the voter information guide. If

  7  the arguments of two or more committees, associations, or

  8  voters have the same ranking, the chief election officer will

  9  randomly determine which argument will be included. Persons

10  and groups submitting arguments under this paragraph may not

11  file a suit or action in any state court to compel inclusion

12  of the argument in the voter information guide. This paragraph

13  does not preclude two or more political committees,

14  associations, or registered voters from jointly submitting an

15  argument.

16         (4)(a)  If an amendment to be placed before the voters

17  is proposed by initiative, the constitutional revision

18  commission, the taxation and budget reform commission, or a

19  constitutional convention, the chair of the group proposing

20  the amendment must appoint a committee of no more than two

21  persons to draft an argument in favor of the amendment. The

22  argument must be filed with the chief election officer no

23  later than 35 days before the date on which the amendment will

24  be voted on.

25         (b)  Any group or voter who wishes to draft an argument

26  against an amendment proposed by initiative, the

27  constitutional revision commission, the taxation and budget

28  reform commission, or a constitutional convention may do so.

29  The argument must be filed with the chief election officer no

30  later than 60 days before the date on which the amendment will

31  be voted on. The chief election officer must rank the

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  1  arguments received by the deadline based on authorship, with

  2  the highest ranking going to arguments submitted by political

  3  committees organized under section 106.03, Florida Statutes,

  4  to oppose the amendment, followed by bona fide associations of

  5  Florida residents, and last, by Florida registered voters.

  6  Subject to the procedures in subsection (6), the highest

  7  ranked argument meeting the requirements of this section must

  8  be included in the voter information guide. If the arguments

  9  of two or more committees, associations, or voters have the

10  same ranking, the chief election officer must determine at

11  random which argument will be included. This paragraph does

12  not preclude two or more political committees, associations,

13  or registered voters from jointly submitting an argument.

14         (5)  Each argument submitted pursuant to this section:

15         1.  Must identify the name and mailing address of the

16  person or group drafting the argument;

17         2.  Must consist only of words, numbers, and

18  punctuation marks;

19         3.  Must not exceed 500 words in length, excluding the

20  name, title, and mailing address of the persons drafting the

21  argument; and

22         4.  Must not contain the name of any person or

23  organization, other than the author or the author's

24  organization, cited as supporting or endorsing the argument or

25  any part of the argument, unless by the deadline for filing

26  arguments the chief election officer also receives a sworn,

27  written oath or affirmation by the person, or by an authorized

28  person on behalf of an organization, consenting to the use of

29  the name of the person or organization for the prescribed

30  purpose.

31

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  1         (6)(a)  If the chief election officer finds that the

  2  highest ranked argument filed pursuant to subsection (3) or

  3  (4):

  4         1.  Contains any obscene, vulgar, profane, libelous, or

  5  defamatory language or matter,

  6         2.  Incites or advocates hatred, abuse, or violence

  7  toward any person or group, or

  8         3.  Otherwise fails to meet the requirements of this

  9  section,

10

11  the chief election officer must reject it and notify the

12  persons submitting the argument within 5 days after the

13  filing. The notification must identify the specific language

14  or material objected to and the reasons for the objection. No

15  later than 21 days before the election, the person submitting

16  the argument may file a different argument with the chief

17  election officer or may challenge the chief election officer's

18  determination by filing a suit or action in the circuit court

19  in Leon County to compel inclusion of the argument in the

20  voter information guide.

21         (b)  If the author files a different argument that is

22  not prohibited under paragraph (a), the chief election officer

23  must include the new argument in the voter information guide

24  within 5 days after the filing. In determining whether the

25  different argument is prohibited, the chief election officer

26  may not raise an objection to any language or matter included

27  in the original argument which was not the subject of a prior

28  objection. If, however, the chief election officer finds that

29  the new argument is prohibited, the chief election officer

30  must reject it and the argument having the next highest

31

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  1  ranking which meets the requirements of this section must be

  2  included in the voter information guide.

  3         (c)  If the person filing the argument files a judicial

  4  action to compel inclusion of the argument and the court rules

  5  in favor of the person filing the argument, the chief election

  6  officer shall include the argument on-line within 24 hours

  7  after the execution of the court order. If the court rules for

  8  the chief election officer, the person has until 21 days

  9  before the election to file a different argument. The chief

10  election officer shall determine whether the new argument

11  meets the requirements of this section for inclusion in the

12  voter information guide and, if so, make the argument

13  available on-line within 5 days after the filing. In making

14  this determination, the chief election officer may not raise

15  an objection to any language or matter included in the

16  original argument which was not the subject of a prior

17  objection. If the person fails to file a different argument or

18  if the chief election officer finds that the new argument is

19  prohibited by paragraph (a), the new argument must be

20  rejected, and the argument having the next highest ranking

21  which meets the requirements of this section must be included

22  in the voter information guide.

23         (7)  Nothing in this section requires the chief

24  election officer to incorporate changes or include an argument

25  in any nonelectronic version of the voter information guide

26  previously published.

27         (8)  Administrative rules may be adopted to administer

28  the provisions of this section.

29         Section 6.  The sum of $100,000 is appropriated to the

30  Department of State from the General Revenue Fund for the

31  purpose of implementing the provisions of this act.

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  1         Section 7.  This act shall take effect January 1, 2001.

  2

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  4                          SENATE SUMMARY

  5    Provides procedures for and prescribes the content of a
      Florida Voter Information Guide that is to be made
  6    available or published by the chief election officer
      before certain elections and that will provide voters
  7    with information concerning candidates and issues to be
      voted on. Provides an appropriation.
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