House Bill hb1583

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    Florida House of Representatives - 2001                HB 1583

        By Representatives Frankel and Smith






  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         98.097, F.S.; requiring that the central voter

  4         file administered by the Division of Elections

  5         of the Department of State immediately reflect

  6         changes to information in the file and that

  7         such changes be immediately available statewide

  8         to users of the file; amending s. 98.255, F.S.;

  9         requiring the division to adopt rules

10         establishing standards for voter education and

11         training programs to be provided by the

12         supervisor of elections in each county;

13         providing annual appropriations therefor and

14         requiring annual reports thereon; amending s.

15         100.011, F.S.; placing the opening and closing

16         of the polls on Eastern Standard Time

17         throughout the state; extending the time the

18         polls are open; amending ss. 101.45, 101.65,

19         and 101.67, F.S., relating to duties of the

20         election board prior to opening the polls in

21         precincts where voting machines are used, to

22         instructions to absent electors, and to the

23         deadline for receiving absentee ballots,

24         respectively, to conform; amending s. 101.111,

25         F.S.; authorizing election officials to

26         challenge the right of any person to vote;

27         providing for issuance of provisional ballots

28         to challenged voters under certain

29         circumstances; providing requirements for such

30         ballots; providing for review and canvassing of

31         such ballots; amending ss. 98.481 and 101.657,

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  1         F.S., to conform; creating s. 101.005, F.S.;

  2         providing for a uniform statewide voting system

  3         and ballots; providing rulemaking authority to

  4         the department to implement and adopt standards

  5         for the system, including ballot requirements;

  6         providing an appropriation for the counties to

  7         purchase the new system; amending s. 101.015,

  8         F.S.; prohibiting the certification for use in

  9         this state of certain voting systems; amending

10         ss. 97.021, 101.5603, 101.5606, and 101.5614,

11         F.S., to conform; creating s. 101.6575, F.S.;

12         requiring the office of the supervisor of

13         elections and any branch office to be open on

14         the Saturday prior to any statewide election or

15         other election held in conjunction therewith,

16         for the purpose of allowing early in-person

17         absentee voting for that election; creating s.

18         101.725, F.S.; providing for a Voter's Bill of

19         Rights; providing responsibilities of

20         supervisors of elections; amending s. 102.012,

21         F.S.; requiring the division to adopt rules

22         establishing standards for poll worker

23         training; amending s. 102.141, F.S.; specifying

24         what constitutes active participation in a

25         campaign or candidacy in an election being

26         canvassed for purposes of disqualification of a

27         canvassing board member; amending ss. 233.061

28         and 233.0612, F.S.; making voting instruction

29         in the public schools a required rather than an

30         optional element of the curriculum; creating a

31         task force to study the establishment of an

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  1         independent State Board of Elections; providing

  2         for appointment of members and authorizing

  3         reimbursement for per diem and travel expenses

  4         incurred in official duties; providing for

  5         staffing and funding by the Executive Office of

  6         the Governor; providing for a report and

  7         termination of the task force upon submission

  8         of the report; providing effective dates.

  9

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

11

12         Section 1.  Section 98.097, Florida Statutes, is

13  amended to read:

14         98.097  Central voter file; administration by division;

15  public access.--

16         (1)  There is hereby established a central voter file,

17  to be administered by the division, which shall be a

18  statewide, centrally maintained database containing the voter

19  registration information of all counties in this state. The

20  central voter file must be a real-time voter file that

21  reflects any change to the information in the file immediately

22  upon receipt and makes such information immediately available

23  statewide to the users of the voter file.

24         (2)  All voter registration records and other

25  information in the central voter file, excluding any

26  information that is confidential or exempt from public records

27  requirements, shall be considered public records for the

28  purposes of chapter 119.

29         (3)  The central voter file shall be self-sustaining.

30         Section 2.  Section 98.255, Florida Statutes, is

31  amended to read:

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  1         98.255  Voter educational and training programs and

  2  materials.--

  3         (1)  Each supervisor of elections is authorized to

  4  provide voter educational programs and materials of a

  5  nonpartisan nature in his or her county as he or she may deem

  6  appropriate, subject to the requirements of subsection (2).

  7  Such programs and materials shall not include any

  8  questionnaire or survey relating to candidates or issues.

  9         (2)  The division shall adopt rules containing minimum

10  standards for voter education and training programs to be

11  provided by the supervisor of elections in each county.  The

12  programs shall include, but not be limited to, voter

13  eligibility requirements; voter registration requirements,

14  including deadlines to register; ballot and other voting

15  procedures; common voter errors; and absentee ballot request

16  and voting requirements.

17         (3)  Nothing in this section shall preclude the

18  division from providing voter education programs on a

19  statewide basis.

20         (4)  There is appropriated annually from the General

21  Revenue Fund to the department an amount equal to not less

22  than .... per registered voter in the state, to be allocated

23  to the office of each county supervisor of elections on the

24  same basis, for the purpose of providing voter education and

25  training programs.  Each county supervisor of elections shall

26  provide to the division an annual report concerning the

27  programs provided and utilized under this section and an

28  assessment of the success of each program provided.

29         Section 3.  Subsection (1) of section 100.011, Florida

30  Statutes, is amended to read:

31

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  1         100.011  Opening and closing of polls, all elections;

  2  expenses.--

  3         (1)  The polls shall be open at the voting places

  4  throughout the state at 7 7:00 a.m. Eastern Standard Time, on

  5  the day of the election, and shall be kept open throughout the

  6  state until 8 7:00 p.m. Eastern Standard Time, of the same

  7  day, and the time shall be regulated by the customary time in

  8  standard use in the county seat of the locality.  The

  9  inspectors shall make public proclamation of the opening and

10  closing of the polls.  During the election and canvass of the

11  votes, the ballot box shall not be concealed.

12         Section 4.  Subsection (1) of section 101.45, Florida

13  Statutes, is amended to read:

14         101.45  Election board opening polls.--

15         (1)  The election board of each precinct shall attend

16  the polling place at least 1 hour before the opening of the

17  polls on by 6 a.m. of the day of the election and shall

18  arrange the furniture, stationery, and voting machines.  The

19  keys to the machines shall be delivered to the election

20  officers at least 1 hour before the opening of the polls on by

21  6 a.m. of the day of the election in a sealed envelope on

22  which shall be written or printed the number and location of

23  the machine, the number of the seal, and the number registered

24  on the protective counter or device, as reported by the

25  custodian.  The said envelope shall not be opened until at

26  least one member of the board from each of two political

27  parties is present and shall have examined the envelope to see

28  that same has not been opened.  Before opening the envelope,

29  the election officers present shall examine the number on the

30  seal on the machine, also the number registered on the

31  protective counter, and see if they are the same as the number

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  1  written on the envelope.  If they are not the same, the

  2  custodian or an authorized person must be present when the

  3  machine is opened to reexamine such machine and certify that

  4  it is properly arranged.  If the numbers are found to agree

  5  with those on the envelope, the election officer shall proceed

  6  to open the doors concealing the counters and each officer

  7  shall carefully examine every counter and see that it

  8  registers zero, and same is subject to the inspection of

  9  official watchers.  The machine shall remain locked against

10  voting until the polls are opened, and only electors shall

11  operate same.

12         Section 5.  Section 101.65, Florida Statutes, is

13  amended to read:

14         101.65  Instructions to absent electors.--The

15  supervisor shall enclose with each absentee ballot separate

16  printed instructions in substantially the following form:

17

18  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

22  supervisor of elections of the county in which your precinct

23  is located no later than 8 7 p.m. Eastern Standard Time on the

24  day of the election.

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

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

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

28  or write.

29         3.  Place your marked ballot in the enclosed secrecy

30  envelope.

31

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  1         4.  Insert the secrecy envelope into the enclosed

  2  mailing envelope which is addressed to the supervisor.

  3         5.  Seal the mailing envelope and completely fill out

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

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

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

  7  (Voter's Signature), place the last four digits of your Social

  8  Security number in the space provided, and your ballot must be

  9  witnessed in either of the following manners:

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

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

12  voter identification number, and county of registration on the

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

14  five ballots per election unless certified as an absentee

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

16  witness.

17         b.  Any notary or other officer entitled to administer

18  oaths or any Florida supervisor of elections or deputy

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

20  an attesting witness.

21         7.  Mail, deliver, or have delivered the completed

22  mailing envelope. Be sure there is sufficient postage if

23  mailed.

24         8.  FELONY NOTICE. It is a felony under Florida law to

25  accept any gift, payment, or gratuity in exchange for your

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

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

28  or under any other circumstances making your ballot false or

29  fraudulent.

30         Section 6.  Subsection (2) of section 101.67, Florida

31  Statutes, is amended to read:

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  1         101.67  Safekeeping of mailed ballots; deadline for

  2  receiving absentee ballots.--

  3         (2)  All marked absent electors' ballots to be counted

  4  must be received by the supervisor by 8 7 p.m. Eastern

  5  Standard Time on the day of the election.  All ballots

  6  received thereafter shall be marked with the time and date of

  7  receipt and filed in the supervisor's office.

  8         Section 7.  Section 101.111, Florida Statutes, is

  9  amended to read:

10         101.111  Person desiring to vote may be challenged;

11  challenger to execute oath; oath of challenged elector;

12  determination of challenge.--

13         (1)  When the right to vote of any person who desires

14  to vote is questioned by any election official, elector, or

15  watcher, the challenge shall be reduced to writing with an

16  oath as provided in this section, giving reasons for the

17  challenge, which shall be delivered to the clerk or inspector.

18  Any election official, elector, or authorized poll watcher

19  challenging an elector at an election shall execute the oath

20  set forth below:

21

22                OATH OF PERSON ENTERING CHALLENGE

23

24  State of Florida

25  County of ....

26

27  I do solemnly swear that my name is ....; that I am a member

28  of the .... party; that I am .... years old; that I was born

29  in the state of.... or the country of ....; that my residence

30  is on .... street, in the municipality of ....; and that I

31  have reason to believe that .... is attempting to vote

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  1  illegally and the reasons for my belief are set forth herein

  2  to wit: ......................................................

  3  ..............................................................

  4  ..............................................................

  5                   ...(Signature of person challenging voter)...

  6

  7  Sworn and subscribed to before me this .... day of ....,

  8  ...(year)....

  9                                       ...(Clerk of election)...

10

11         (2)  Before a challenged elector is permitted to vote

12  by any officer or person in charge of admission to the polling

13  place, the challenged elector's right to vote shall be

14  determined in accordance with the provisions of subsection

15  (3). The clerk or inspector shall immediately deliver to the

16  challenged elector a copy of the oath of the person entering

17  the challenge and shall request the challenged elector to

18  execute the following affidavit:

19

20                     OATH OF CHALLENGED VOTER

21

22  State of Florida

23  County of ....

24

25  I do solemnly swear that my name is ....; that I am a member

26  of the .... party; that I am .... years old; that I was born

27  in the state of .... or the country of ....; that my residence

28  is on .... street, in the municipality of ...., in this the

29  .... precinct of .... county; that I personally made

30  application for registration and signed my name and that I am

31  a qualified voter, and I am not registered to vote in any

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  1  other precinct other than the one in which I am presently

  2  seeking to vote.

  3                                      ...(Signature of voter)...

  4

  5  Sworn and subscribed to before me this .... day of ....,

  6  ...(year)....

  7                          ...(Clerk of election or Inspector)...

  8

  9  Any inspector or clerk of election may administer the oath.

10         (3)(a)  If the challenged person refuses to make and

11  sign the affidavit, the clerk or inspector shall refuse to

12  allow him or her to vote.

13         (b)  If such person makes the affidavit, the inspectors

14  and clerk of election shall compare the information in the

15  affidavit with that entered on the registration books opposite

16  the person's name, and, upon such comparison of the

17  information and the person's signature and the taking of other

18  evidence which may then be offered, the clerk and inspectors

19  shall decide by a majority vote whether the challenged person

20  may vote.  If the challenged person is unable to write or sign

21  his or her name, the clerk or inspector shall examine the

22  precinct register to ascertain whether the person registered

23  under the name of such person is represented to have signed

24  his or her name.  If the person is so represented, then he or

25  she shall be denied permission to vote without further

26  examination; but, if not, then the clerk or one of the

27  inspectors shall place such person under oath and orally

28  examine him or her upon the subject matter contained in the

29  affidavit, and, if there is any doubt as to the identity of

30  such person, the clerk or inspector shall compare the person's

31  appearance with the description entered upon the precinct

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  1  register opposite the person's name. The clerk or inspector

  2  shall then proceed as in other cases to determine whether the

  3  challenged person may vote.

  4         (c)  If such person makes the affidavit and if, upon

  5  investigation, the clerk and inspectors by majority vote

  6  decide that the challenged elector may not vote, the

  7  challenged elector shall be issued a provisional ballot, which

  8  may be completed by the challenged elector. Upon completion of

  9  the provisional ballot, it shall be sealed in a separate

10  envelope, which is to be signed by the challenged elector

11  under penalty of perjury stating his or her eligibility to

12  vote and on which the clerk or an inspector notes the reasons

13  for issuing the provisional ballot. The canvassing board shall

14  review the reasons for issuance of each provisional ballot,

15  including not only the reasons set forth by the clerk or

16  inspector but also any other information or evidence presented

17  to it, prior to making a determination of whether the

18  provisional ballot will be counted. If counted, the

19  provisional ballot shall be included in any certification or

20  amended certification of the election results.

21         Section 8.  Section 98.481, Florida Statutes, is

22  amended to read:

23         98.481  Challenge to electors.--In any county using a

24  precinct register in lieu of registration books at the polls,

25  the right to vote of any person who desires to vote may be

26  challenged in accordance with the provisions of s. 101.111,

27  except that the clerk or inspector shall compare information

28  supplied by such person with that entered or described on the

29  precinct register opposite the elector's name.

30         Section 9.  Subsection (4) of section 101.657, Florida

31  Statutes, is amended to read:

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  1         101.657  Voting absentee ballots in person.--

  2         (4)  Any elector may challenge an elector seeking to

  3  cast an absentee ballot under the provisions of s. 101.111.

  4  Any challenged ballot must be placed in a regular absentee

  5  ballot envelope. The canvassing board shall review the ballot

  6  and decide the validity of the ballot by majority vote.

  7         Section 10.  Effective upon this act becoming a law,

  8  section 101.005, Florida Statutes, is created to read:

  9         101.005  Uniform statewide voting system and ballots.--

10         (1)  Notwithstanding any other provision of law to the

11  contrary, there shall be a uniform statewide voting system,

12  beginning with the primary and general elections to be held in

13  2002.  The uniform statewide voting system shall be a

14  marksense or optical scan voting system using precinct

15  tabulation certified by the department.  Such system may be

16  updated for subsequent elections as needed.

17         (2)  The ballots used by the uniform statewide voting

18  system shall be uniform, to the extent practicable, and must

19  be approved by the department prior to use in any election.

20         (3)  The department may adopt rules pursuant to ss.

21  120.536(1) and 120.54 necessary to implement this section and

22  to specify both the standards for the uniform statewide voting

23  system, including those relating to software, hardware,

24  accuracy, and security, and the requirements for the ballots

25  used by such system, including those relating to the order and

26  manner of arrangement of the names of candidates and issues in

27  order to ensure consistency and those relating to the

28  placement of the voting squares in order to eliminate

29  confusion as to which name or issue a square belongs.

30         Section 11.  The sum of $40 million is appropriated

31  from the General Revenue Fund to the Department of State for

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  1  fiscal year 2001-2002, for distribution to the various

  2  counties required by this act to acquire a new voting system,

  3  to cover the costs of acquisition of such system.

  4         Section 12.  Subsection (7) is added to section

  5  101.015, Florida Statutes, to read:

  6         101.015  Standards for voting systems.--

  7         (7)  The Department of State shall not certify for use

  8  in this state any voting system that uses punchcards, that is

  9  a manual paper ballot or machine lever system, or that is a

10  marksense or optical scan system that uses central tabulation.

11         Section 13.  Paragraph (c) of subsection (2) of section

12  97.021, Florida Statutes, is amended to read:

13         97.021  Definitions.--For the purposes of this code,

14  except where the context clearly indicates otherwise, the

15  term:

16         (2)  "Ballot" or "official ballot" when used in

17  reference to:

18         (c)  "Electronic or electromechanical devices" means a

19  ballot which is voted by the process of punching or marking

20  with a marking device for tabulation by automatic tabulating

21  equipment or data processing equipment.

22         Section 14.  Subsections (5) and (8) of section

23  101.5603, Florida Statutes, are amended to read:

24         101.5603  Definitions relating to Electronic Voting

25  Systems Act.--As used in this act, the term:

26         (5)  "Marking device" means either an approved

27  apparatus used for the piercing of ballots by the voter or any

28  approved device for marking a ballot with ink or other

29  substance which will enable the ballot to be tabulated by

30  means of automatic tabulating equipment.

31

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  1         (8)  "Voting device" means either an apparatus in which

  2  ballots are inserted and used in connection with a marking

  3  device for the piercing of ballots by the voter or an

  4  apparatus by which votes are registered electronically.

  5         Section 15.  Subsection (10) of section 101.5606,

  6  Florida Statutes, is amended to read:

  7         101.5606  Requirements for approval of systems.--No

  8  electronic or electromechanical voting system shall be

  9  approved by the Department of State unless it is so

10  constructed that:

11         (10)  It is capable of automatically producing precinct

12  totals in printed or, marked, or punched form, or a

13  combination thereof.

14         Section 16.  Subsection (7) of section 101.5614,

15  Florida Statutes, is amended to read:

16         101.5614  Canvass of returns.--

17         (7)  Absentee ballots may be counted by automatic

18  tabulating equipment if they have been punched or marked in a

19  manner which will enable them to be properly counted by such

20  equipment.

21         Section 17.  Section 101.6575, Florida Statutes, is

22  created to read:

23         101.6575  Early in-person absentee voting.--The office

24  of the supervisor of elections and each branch office must be

25  open from 9 a.m. until 5 p.m., using the customary time in

26  standard use in the locality, on the Saturday prior to any

27  statewide election or other election held in conjunction

28  therewith, for the purpose of permitting voters to cast their

29  ballots for that election on a day prior to the election that

30  is not a standard workday and that might, therefore, be more

31  convenient. Such voters shall be considered absentee voters

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  1  voting in person, and the ballots for such early voting shall

  2  be absentee ballots prepared for that purpose and canvassed as

  3  other absentee ballots voted in person are canvassed. The

  4  division may adopt rules as necessary to carry out the

  5  provisions of this section.

  6         Section 18.  Section 101.725, Florida Statutes, is

  7  created to read:

  8         101.725  Voter's Bill of Rights.--

  9         (1)  The supervisor of elections in each county shall

10  have posted at each polling place in the county a Voter's Bill

11  of Rights in the following form:

12                      VOTER'S BILL OF RIGHTS

13         Each registered voter in this state has the right to:

14         1.  Vote and have his or her vote accurately counted.

15         2.  Cast a vote if he or she is in line when the polls

16  are closing.

17         3.  Ask for and receive assistance in voting.

18         4.  A replacement ballot if he or she has voted in

19  error.

20         5.  An explanation if his or her registration is in

21  question.

22         6.  If his or her registration is in question, cast a

23  provisional ballot.

24         7.  Prove his or her identity by signing an affidavit

25  if election officials doubt the voter's identity.

26         8.  Written instructions to use when voting, and, upon

27  request, oral instructions in voting from elections officers.

28         9.  Vote free from coercion or intimidation by

29  elections officers or any other person.

30         10.  Vote on a voting machine that is in working

31  condition and that will allow votes to be accurately cast.

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  1         (2)  The supervisor of elections shall have the Voter's

  2  Bill of Rights [printed in a large font and in English and,

  3  where applicable, in Spanish and Creole] and make it available

  4  at each polling place in the form of a handbill so that voters

  5  may individually review their rights.

  6         Section 19.  Subsection (10) is added to section

  7  102.012, Florida Statutes, to read:

  8         102.012  Inspectors and clerks to conduct elections.--

  9         (10)  The division shall adopt rules creating minimum

10  standards for poll worker training and basic poll worker

11  skills to be provided by each supervisor of elections to

12  assist in training inspectors, clerks, and deputy sheriffs in

13  their duties and responsibilities as election officials.

14         Section 20.  Subsection (1) of section 102.141, Florida

15  Statutes, is amended to read:

16         102.141  County canvassing board; duties.--

17         (1)(a)  The county canvassing board shall be composed

18  of the supervisor of elections; a county court judge, who

19  shall act as chair; and the chair of the board of county

20  commissioners. In the event any member of the county

21  canvassing board is unable to serve, is a candidate who has

22  opposition in the election being canvassed, or is an active

23  participant in the campaign or candidacy of any candidate who

24  has opposition in the election being canvassed, such member

25  shall be replaced as follows:

26         1.(a)  If no county court judge is able to serve or if

27  all are disqualified, the chief judge of the judicial circuit

28  in which the county is located shall appoint as a substitute

29  member a qualified elector of the county who is not a

30  candidate with opposition in the election being canvassed and

31  who is not an active participant in the campaign or candidacy

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  1  of any candidate with opposition in the election being

  2  canvassed.  In such event, the members of the county

  3  canvassing board shall meet and elect a chair.

  4         2.(b)  If the supervisor of elections is unable to

  5  serve or is disqualified, the chair of the board of county

  6  commissioners shall appoint as a substitute member a member of

  7  the board of county commissioners who is not a candidate with

  8  opposition in the election being canvassed and who is not an

  9  active participant in the campaign or candidacy of any

10  candidate with opposition in the election being canvassed.

11  The supervisor, however, shall act in an advisory capacity to

12  the canvassing board.

13         3.(c)  If the chair of the board of county

14  commissioners is unable to serve or is disqualified, the board

15  of county commissioners shall appoint as a substitute member

16  one of its members who is not a candidate with opposition in

17  the election being canvassed and who is not an active

18  participant in the campaign or candidacy of any candidate with

19  opposition in the election being canvassed.

20         4.(d)  If a substitute member cannot be appointed as

21  provided elsewhere in this paragraph subsection, the chief

22  judge of the judicial circuit in which the county is located

23  shall appoint as a substitute member a qualified elector of

24  the county who is not a candidate with opposition in the

25  election being canvassed and who is not an active participant

26  in the campaign or candidacy of any candidate with opposition

27  in the election being canvassed.

28         (b)  For purposes of this subsection, a person shall be

29  considered an active participant in the campaign or candidacy

30  of a candidate who has opposition in the election being

31  canvassed if the person publicly supports or endorses such

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  1  candidate, campaigns for or on behalf of such candidate, or

  2  makes a contribution to the campaign of such candidate.

  3         Section 21.  Paragraph (s) is added to subsection (2)

  4  of section 233.061, Florida Statutes, to read:

  5         233.061  Required instruction.--

  6         (2)  Members of the instructional staff of the public

  7  schools, subject to the rules and regulations of the

  8  commissioner, the state board, and the school board, shall

  9  teach efficiently and faithfully, using the books and

10  materials required, following the prescribed courses of study,

11  and employing approved methods of instruction, the following:

12         (s)  Voting instruction, including the use of county

13  voting machines.

14         Section 22.  Section 233.0612, Florida Statutes, is

15  amended to read:

16         233.0612  Authorized instruction.--Each school district

17  may provide students with programs and instruction at the

18  appropriate grade levels in areas including, but not limited

19  to, the following:

20         (1)  Character development, ethics, and law education.

21         (2)  The objective study of the Bible and religion.

22         (3)  Traffic education.

23         (4)  Free enterprise and consumer education.

24         (5)  Programs to encourage patriotism and greater

25  respect for country.

26         (6)  Drug abuse resistance education.

27         (7)  Comprehensive health education.

28         (8)  Care of nursing home patients.

29         (9)  Instruction in acquired immune deficiency

30  syndrome.

31

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  1         (10)  Voting instruction, including the use of county

  2  voting machines.

  3         (10)(11)  Before-school and after-school programs.

  4         Section 23.  (1)  There is created a task force to

  5  examine the functions of the Division of Elections of the

  6  Department of State and of the Secretary of State, as the

  7  duties of such office and officer pertain to elections

  8  administration, and to make recommendations to the Governor

  9  and Legislature on how elections administration in the state

10  may be restructured to be administered by a nonpartisan,

11  independent Florida State Board of Elections.  The Executive

12  Office of the Governor shall provide staff and funding for the

13  task force.  The task force shall consist of 15 members

14  appointed by the Governor, seven of whom shall be electors

15  registered in the Republican Party, seven of whom shall be

16  electors registered in the Democratic Party, and one of whom

17  shall be affiliated with neither party.  At least two of the

18  members shall be representatives from the offices of different

19  county supervisors of elections. Task force members must be

20  appointed by July 1, 2001.

21         (2)  Each appointed member shall serve at the pleasure

22  of the Governor.  A vacancy on the task force shall be filled

23  in the same manner as the original appointment.

24         (3)  The task force shall elect a chair from among its

25  members.

26         (4)  The task force shall hold its organizational

27  meeting by August 1, 2001, and thereafter shall meet as

28  necessary at the call of the chair at the time and place

29  designated by the chair.  A quorum is necessary for the

30  purpose of conducting official business of the task force.

31  The task force shall use accepted rules of procedure to

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  1  conduct its meetings and shall keep a complete record of each

  2  meeting.

  3         (5)  Members of the task force shall serve without

  4  compensation but are entitled to reimbursement for per diem

  5  and travel expenses incurred in the performance of their

  6  duties as provided in s. 112.061, Florida Statutes.

  7         (6)  The task force shall examine the functions of

  8  elections administration in the state and make recommendations

  9  as to the powers and duties to be assumed by the board; the

10  number, method of appointment, and length of terms of members

11  of the board; the organizational structure of the board; and

12  any other consideration necessary to the creation of a

13  separate, nonpartisan, independent board of elections.

14         (7)  The task force shall submit its recommendations in

15  a report to the Governor, the President of the Senate, and the

16  Speaker of the House of Representatives no later than February

17  1, 2002.  The task force is abolished upon submission of the

18  report.

19         (8)  This section shall take effect upon this act

20  becoming a law.

21         Section 24.  Except as otherwise provided herein, this

22  act shall take effect January 1, 2002.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Requires that the central voter file administered by the
  4    Division of Elections of the Department of State
      immediately reflect changes to information in the file
  5    and that such changes be immediately available statewide
      to users of the file.
  6

  7    Requires the division to adopt rules establishing
      standards for voter education and training programs to be
  8    provided by the supervisor of elections in each county.
      Provides annual appropriations therefor and requires
  9    annual reports thereon.

10
      Places the opening and closing of the polls on Eastern
11    Standard Time throughout the state, and extends the time
      the polls are open by 1 hour. Amends provisions of law
12    relating to duties of the election board prior to opening
      the polls in precincts where voting machines are used, to
13    instructions to absent electors, and to the deadline for
      receiving absentee ballots, respectively, to conform.
14

15    Authorizes election officials to challenge the right of
      any person to vote. Provides for issuance of provisional
16    ballots to challenged voters under certain circumstances.
      Provides requirements for such ballots. Provides for
17    review and canvassing of such ballots.

18
      Provides for a uniform statewide voting system and
19    ballots, beginning with the primary and general elections
      to be held in 2002, and requires the voting system to be
20    a marksense or optical scan system with precinct
      tabulation.  Provides rulemaking authority to the
21    department to implement and adopt standards for the
      system, including ballot requirements. Provides an
22    appropriation for the counties to purchase the new
      system.
23

24    Prohibits the certification for use in this state of any
      voting system that uses punchcards, that is a manual
25    paper ballot or machine lever system, or that is a
      marksense or optical scan system that uses central
26    tabulation.

27
      Requires the office of the supervisor of elections and
28    any branch office to be open on the Saturday prior to any
      statewide election or other election held in conjunction
29    therewith, for the purpose of allowing early in-person
      absentee voting for that election.
30

31    Creates a Voter's Bill of Rights. Provides for display
      and distribution. Prescribes responsibilities of the
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  1    supervisors of elections in making the Voter's Bill of
      Rights available to and viewable by the public.
  2

  3    Specifies what constitutes active participation in a
      campaign or candidacy in an election being canvassed for
  4    purposes of disqualification of a canvassing board
      member.
  5

  6    Requires the division to adopt rules establishing
      standards for poll worker training.
  7

  8    Makes voting instruction in the public schools a required
      rather than an optional element of the curriculum.
  9

10    Creates a task force to study the establishment of an
      independent State Board of Elections. Provides for
11    appointment of members and authorizes reimbursement for
      per diem and travel expenses incurred in official duties.
12    Provides for staffing and funding by the Executive Office
      of the Governor. Provides for a report and termination of
13    the task force upon submission of the report.

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