Senate Bill sb1590

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    Florida Senate - 2001                                  SB 1590

    By Senator Jones





    40-222-01

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         101.62, F.S.; providing for on-line requests

  4         for absentee ballots; amending s. 97.052, F.S.;

  5         providing for on-line voter registration;

  6         prescribing standards for such registration;

  7         providing duties of the Department of State

  8         with respect to establishing standards for

  9         on-line registration and on-line absentee

10         ballot requests; providing an effective date.

11

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

13

14         Section 1.  Subsection (1) of section 101.62, Florida

15  Statutes, is amended to read:

16         101.62  Request for absentee ballots.--

17         (1)(a)  The supervisor may accept a request for an

18  absentee ballot from an elector in person or in writing.

19  Additionally, each supervisor must provide electors with the

20  opportunity to request an absentee ballot on-line through the

21  Internet. One request shall be deemed sufficient to receive an

22  absentee ballot for all elections which are held within a

23  calendar year, unless the elector or the elector's designee

24  indicates at the time the request is made the elections for

25  which the elector desires to receive an absentee ballot.  Such

26  request may be considered canceled when any first-class mail

27  sent by the supervisor to the elector is returned as

28  undeliverable.

29         (b)  The supervisor may accept an on-line request for

30  an absentee ballot from the elector. The supervisor may accept

31  a written or telephonic request for an absentee ballot from

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  1  the elector, or, if directly instructed by the elector, a

  2  member of the elector's immediate family, or the elector's

  3  legal guardian. For purposes of this section, the term

  4  "immediate family" has the same meaning as specified in

  5  paragraph (4)(b).  The person making the request must

  6  disclose:

  7         1.  The name of the elector for whom the ballot is

  8  requested;

  9         2.  The elector's address;

10         3.  The last four digits of the elector's social

11  security number;

12         4.  The registration number on the elector's

13  registration identification card;

14         5.  The requester's name;

15         6.  The requester's address;

16         7.  The requester's social security number and, if

17  available, driver's license number;

18         8.  The requester's relationship to the elector; and

19         9.  The requester's signature (written requests only).

20         Section 2.  Section 97.052, Florida Statutes, is

21  amended to read:

22         97.052  Uniform statewide voter registration

23  application.--

24         (1)  The department shall prescribe a uniform statewide

25  voter registration application for use in this state.

26         (a)  The uniform statewide voter registration

27  application must be accepted for any one or more of the

28  following purposes:

29         1.  Initial registration.

30         2.  Change of address.

31         3.  Change of party affiliation.

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    Florida Senate - 2001                                  SB 1590
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  1         4.  Change of name.

  2         5.  Replacement of voter registration identification

  3  card.

  4         (b)  The department is responsible for printing the

  5  uniform statewide voter registration application and the voter

  6  registration application form prescribed by the Federal

  7  Election Commission pursuant to the National Voter

  8  Registration Act of 1993. The applications and forms must be

  9  distributed, upon request, to the following:

10         1.  Individuals seeking to register to vote.

11         2.  Individuals or groups conducting voter registration

12  programs. A charge of 1 cent per application shall be assessed

13  on requests for 10,000 or more applications.

14         3.  The Department of Highway Safety and Motor

15  Vehicles.

16         4.  Voter registration agencies.

17         5.  Armed forces recruitment offices.

18         6.  Qualifying educational institutions.

19         7.  Supervisors, who must make the applications and

20  forms available in the following manner:

21         a.  By distributing the applications and forms in their

22  offices to any individual or group.

23         b.  By distributing the applications and forms at other

24  locations designated by each supervisor.

25         c.  By mailing the applications and forms to applicants

26  upon the request of the applicant.

27         (c)  The uniform statewide voter registration

28  application may not be reproduced by any private individual or

29  group.

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  1         (2)  The uniform statewide voter registration

  2  application must be designed to elicit the following

  3  information from the applicant:

  4         (a)  Full name.

  5         (b)  Date of birth.

  6         (c)  Address of legal residence.

  7         (d)  Mailing address, if different.

  8         (e)  County of legal residence.

  9         (f)  Address of property for which the applicant has

10  been granted a homestead exemption, if any.

11         (g)  Race or ethnicity that best describes the

12  applicant:

13         1.  American Indian or Alaskan Native.

14         2.  Asian or Pacific Islander.

15         3.  Black, not Hispanic.

16         4.  White, not Hispanic.

17         5.  Hispanic.

18         (h)  Sex.

19         (i)  Party affiliation.

20         (j)  Whether the applicant needs assistance in voting.

21         (k)  Name and address where last registered.

22         (l)  Last four digits of the applicant's social

23  security number.

24         (m)  Florida driver's license number or the

25  identification number from a Florida identification card

26  issued under s. 322.051.

27         (n)  Telephone number (optional).

28         (o)  Signature of applicant under penalty for false

29  swearing pursuant to s. 104.011, by which the person

30  subscribes to the oath required by s. 3, Art. VI of the State

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  1  Constitution and s. 97.051, and swears or affirms that the

  2  information contained in the registration application is true.

  3         (p)  Whether the application is being used for initial

  4  registration, to update a voter registration record, or to

  5  request a replacement registration identification card.

  6         (q)  Whether the applicant is a citizen of the United

  7  States.

  8         (r)  That the applicant has not been convicted of a

  9  felony or, if convicted, has had his or her civil rights

10  restored.

11         (s)  That the applicant has not been adjudicated

12  mentally incapacitated with respect to voting or, if so

13  adjudicated, has had his or her right to vote restored.

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15  The registration form must be in plain language and designed

16  so that convicted felons whose civil rights have been restored

17  and persons who have been adjudicated mentally incapacitated

18  and have had their voting rights restored are not required to

19  reveal their prior conviction or adjudication.

20         (3)  The uniform statewide voter registration

21  application must also contain:

22         (a)  The oath required by s. 3, Art. VI of the State

23  Constitution and s. 97.051.

24         (b)  A statement specifying each eligibility

25  requirement under s. 97.041.

26         (c)  The penalties provided in s. 104.011 for false

27  swearing in connection with voter registration.

28         (d)  A statement that, if an applicant declines to

29  register to vote, the fact that the applicant has declined to

30  register will remain confidential and may be used only for

31  voter registration purposes.

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  1         (e)  A statement that informs the applicant who chooses

  2  to register to vote or update a voter registration record that

  3  the office at which the applicant submits a voter registration

  4  application or updates a voter registration record will remain

  5  confidential and may be used only for voter registration

  6  purposes.

  7         (f)  A statement that informs the applicant that any

  8  person who has been granted a homestead exemption in this

  9  state, and who registers to vote in any precinct other than

10  the one in which the property for which the homestead

11  exemption has been granted, shall have that information

12  forwarded to the property appraiser where such property is

13  located, which may result in the person's homestead exemption

14  being terminated and the person being subject to assessment of

15  back taxes under s. 193.092, unless the homestead granted the

16  exemption is being maintained as the permanent residence of a

17  legal or natural dependent of the owner and the owner resides

18  elsewhere.

19         (4)  A supervisor may produce a voter registration

20  application that has the supervisor's direct mailing address

21  if the department has reviewed the application and determined

22  that it is substantially the same as the uniform statewide

23  voter registration application.

24         (5)  The voter registration application form prescribed

25  by the Federal Election Commission pursuant to the National

26  Voter Registration Act of 1993 or the federal postcard

27  application must be accepted as an application for

28  registration in this state if the completed application or

29  postcard application contains the information required by the

30  constitution and laws of this state.

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    Florida Senate - 2001                                  SB 1590
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  1         (6)  The department shall also prescribe a uniform

  2  method for on-line voter registration. The method must provide

  3  minimum uniform standards for verifying the authenticity of

  4  information provided by persons registering and for the

  5  security of on-line registrations. Registration on-line must

  6  elicit the same information elicited by the uniform statewide

  7  voter registration application and may be used for any purpose

  8  for which the uniform statewide voter registration application

  9  may be used.

10         Section 3.  The Department of State shall adopt rules

11  prescribing standards for verifying the authenticity of

12  requests for absentee ballots which are made on-line through

13  the Internet. A supervisor of elections may not accept an

14  on-line request for an absentee ballot which does not conform

15  to the standards adopted by the department.

16         Section 4.  This act shall take effect July 1, 2001.

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19                          SENATE SUMMARY

20    Authorizes supervisors of elections to accept on-line
      voter registrations and on-line requests for absentee
21    ballots. The Department of State must adopt standards for
      such requests, so that the authenticity and security of
22    such requests are maintained.

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