House Bill hb1625

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    Florida House of Representatives - 2001                HB 1625

        By Representative Hart






  1                      A bill to be entitled

  2         An act relating to elections; creating s.

  3         101.56061, F.S.; providing for a uniform

  4         statewide voting system; restricting approval

  5         to a precinct tabulation marksense-type voting

  6         system after a specified date; providing for

  7         development of a statewide direct reporting

  8         equipment voting system for future use if

  9         funded; authorizing the Department of State to

10         hold the copyright to the direct reporting

11         system's software as provided by law; amending

12         ss. 100.061 and 100.091, F.S.; revising the

13         dates on which the primary elections are held;

14         creating s. 101.122, F.S.; authorizing and

15         providing requirements for provisional ballots;

16         amending s. 97.021, F.S.; providing

17         definitions; amending s. 102.166, F.S.;

18         revising election protest procedures; amending

19         s. 102.167, F.S.; providing the form of protest

20         of election returns with the Elections

21         Canvassing Commission; amending s. 102.168,

22         F.S.; revising election contest procedures;

23         amending s. 102.111, F.S.; revising membership

24         of the Elections Canvassing Commission;

25         revising provisions for filling vacancies on

26         the commission; amending s. 102.112, F.S.;

27         revising deadlines for submission of county

28         returns to the Department of State; eliminating

29         provisions establishing fines for late

30         reporting; creating s. 98.0977, F.S.; providing

31         for development of a statewide voter

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  1         registration database; authorizing the

  2         Department of State to hold the copyright to

  3         the database software as provided by law;

  4         providing for update of information in the

  5         database; creating s. 98.0979, F.S.; providing

  6         that voter registration information is public

  7         except for information made confidential by

  8         law; providing requirements for securing copies

  9         of any voter registration information; creating

10         s. 106.0705, F.S.; requiring electronic filing

11         of campaign treasurer's reports under certain

12         circumstances; providing reporting dates;

13         providing penalties; providing rulemaking

14         authority; amending s. 101.6103, F.S.; revising

15         the voter's certificate for mail ballot

16         elections to include a date requirement;

17         providing for contingent effect of certain

18         provisions; providing an effective date.

19

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

21

22         Section 1.  Section 101.56061, Florida Statutes, is

23  created to read:

24         101.56061  Uniform statewide voting system.--

25         (1)  The division shall approve only a precinct

26  tabulation marksense-type voting system for use after January

27  1, 2002.

28         (2)(a)  The division shall develop a statewide direct

29  reporting equipment voting system for the 2004 and subsequent

30  election cycles, if funding for such a system has been

31  provided by law.

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  1         (b)  The copyright to the direct reporting equipment

  2  voting system software shall be held by the department

  3  pursuant to s. 119.084.

  4         (3)  The systems authorized in this section shall be

  5  approved following the guidelines set forth in the Florida

  6  voting systems standards adopted under s. 101.015.

  7         Section 2.  Section 100.061, Florida Statutes, is

  8  amended to read:

  9         100.061  First primary election.--In each year in which

10  a general election is held, a first primary election for

11  nomination of candidates of political parties shall be held on

12  the Tuesday 16 9 weeks prior to the general election.  Each

13  candidate receiving a majority of the votes cast in each

14  contest in the first primary election shall be declared

15  nominated for such office.  A second primary election shall be

16  held as provided by s. 100.091 in every contest in which a

17  candidate does not receive a majority.

18         Section 3.  Subsection (1) of section 100.091, Florida

19  Statutes, is amended to read:

20         100.091  Second primary election.--

21         (1)  In each year in which a general election is held,

22  a second primary election for nomination of candidates of

23  political parties where nominations were not made in the first

24  primary election shall be held on the Tuesday 8 5 weeks prior

25  to the general election.

26         Section 4.  Section 101.122, Florida Statutes, is

27  created to read:

28         101.122  Provisional ballots.--

29         (1)  An elector may vote by provisional ballot if there

30  is a question as to the elector's eligibility to vote.

31

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  1         (2)  The election official must issue a provisional

  2  ballot to the elector in accordance with the following

  3  procedures:

  4         (a)  The elector shall fill out, in the elector's own

  5  handwriting or with assistance, the affidavit on the

  6  provisional ballot envelope as provided in paragraph (c).

  7         (b)  The affidavit must be sworn to and subscribed by

  8  the elector, under penalty of perjury, before one of the

  9  inspectors or clerks of the election who is authorized to

10  administer the oath.

11         (c)  The provisional ballot envelope shall contain an

12  affidavit in substantially the following form:

13

14  State of Florida

15  County of....

16

17         I do solemnly swear (or affirm) that my name is ....;

18  that I am .... years old; that I was born in ...(list state or

19  country)...; that I am registered to vote, and at the time I

20  registered I resided at ...., in the municipality of ....,

21  County of ...., State of Florida; that I am a duly qualified

22  voter of the Florida county aforesaid and have not voted in

23  this election.

24

25  The basis for my voting by provisional ballot is:

26  ..............................................................

27  ..............................................................

28  ..............................................................

29  ..............................................................

30  ..............................................................

31

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  1  Under penalty of perjury, I swear (or affirm) that I have read

  2  the foregoing and that the facts alleged are true, to the best

  3  of my knowledge and belief.

  4                                      ...(Signature of voter)...

  5

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

  7  ...(year)..., at .... County, Florida.

  8

  9  Clerk/Inspector: ....

10  Precinct No. ....

11  County of ....

12

13         (d)  The elector shall then be admitted to the voting

14  machine to cast his or her vote. If the elector fails or

15  refuses to make out such affidavit, the elector shall not be

16  permitted to vote.

17         (e)  After casting a vote, the elector's ballot must be

18  placed in the provisional ballot envelope.

19         (3)  The provisional ballot envelopes containing the

20  provisional ballots shall be delivered to the appropriate

21  canvassing board to determine eligibility of the elector

22  voting by provisional ballot.

23         (4)  A ballot shall be counted if:

24         (a)  The elector is found to be eligible to vote in

25  that election; and

26         (b)  The elector's signature has been verified.

27         Section 5.  Subsections (11) through (27) of section

28  97.021, Florida Statutes, are renumbered as subsections (12)

29  through (28), respectively, subsections (28), (29), and (30)

30  of said section are renumbered as subsections (30), (31), and

31

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  1  (32), respectively, and new subsections (11) and (30) are

  2  added to said section to read:

  3         97.021  Definitions.--For the purposes of this code,

  4  except where the context clearly indicates otherwise, the

  5  term:

  6         (11)  "Error in the vote tabulation" means a counting

  7  error in which the vote tabulation system fails to count valid

  8  votes.

  9         (30)  "Valid vote" means a vote that is properly marked

10  following the instructions of the voting system.

11         Section 6.  Section 102.166, Florida Statutes, is

12  amended to read:

13         102.166  Protest of election returns; procedure.--

14         (1)(a)  Any candidate for nomination or election to a

15  federal, state, or multicounty district office, or any elector

16  qualified to vote in the election related to such candidacy,

17  shall have the right to protest the returns of the election as

18  being erroneous by filing with the Elections Canvassing

19  Commission appropriate canvassing board a sworn, written

20  protest.

21         (b)(2)  Such protest shall be filed with the Elections

22  Canvassing Commission canvassing board prior to the time the

23  commission canvassing board certifies the results for the

24  office being protested or within 72 hours 5 days after the

25  close of the polls in that election midnight of the date the

26  election is held, whichever occurs later.

27         (c)(3)  Upon receipt of a written protest Before

28  canvassing the returns of the election, the Elections

29  Canvassing Commission shall direct the county canvassing board

30  or boards to shall:

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  1         (a)  When paper ballots are used, examine the

  2  tabulation of the paper ballots cast.

  3         (b)  When voting machines are used, examine the

  4  counters on the machines of nonprinter machines or the

  5  printer-pac on printer machines. If there is a discrepancy

  6  between the returns and the counters of the machines or the

  7  printer-pac, the counters of such machines or the printer-pac

  8  shall be presumed correct.

  9         (c)  When electronic or electromechanical equipment is

10  used, the canvassing board shall examine precinct records and

11  election returns. If there is a clerical error, such error

12  shall be corrected by the county canvassing board. If there is

13  a discrepancy that which could affect the outcome of an

14  election, the Elections Canvassing Commission may direct the

15  county canvassing board to may recount the ballots on the

16  automatic tabulating equipment.

17         (d)1.(4)(a)  Any candidate for federal, state, or

18  multicounty district office whose name appeared on the ballot,

19  any political committee that supports or opposes a multicounty

20  an issue that which appeared on the ballot, or any political

21  party whose candidates' names appeared on the ballot may file

22  a written request with the Elections Canvassing Commission

23  county canvassing board for a manual recount. The written

24  request shall contain a statement of the reason the manual

25  recount is being requested.

26         2.(b)  Such request must be filed with the Elections

27  Canvassing Commission canvassing board prior to the time the

28  canvassing board certifies the results for the office being

29  protested or within 72 hours after the close of the polls in

30  that election midnight of the date the election was held,

31  whichever occurs later.

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  1         3.(c)  The Elections Canvassing Commission county

  2  canvassing board may authorize a manual recount. If a manual

  3  recount is authorized, the Elections Canvassing Commission

  4  county canvassing board shall make a reasonable effort to

  5  notify each candidate whose race is being recounted of the

  6  time and place of such recount.

  7         4.(d)  The manual recount must include at least three

  8  precincts and at least 1 percent of the total votes cast for

  9  such candidate or issue. In the event there are less than

10  three precincts involved in the election, all precincts shall

11  be counted. The person who requested the recount shall choose

12  three precincts to be recounted, and, if other precincts are

13  recounted, the county canvassing board shall select the

14  additional precincts.

15         (e)(5)  If the manual recount indicates an error in the

16  vote tabulation that which could affect the outcome of the

17  election, the Elections Canvassing Commission shall direct the

18  county canvassing board to shall:

19         1.(a)  Correct the error and recount the remaining

20  precincts with the vote tabulation system; or

21         2.(b)  Request the Department of State to verify the

22  tabulation software.; or

23

24  (c)  If the error in the vote tabulation cannot be corrected

25  pursuant to subparagraph 1. or subparagraph 2., the Elections

26  Canvassing Commission may direct the county canvassing board

27  to manually recount all ballots.

28         (2)(a)  Any candidate for nomination or election to a

29  county or district office not covered by paragraph (1)(a)

30  shall have the right to protest the returns of the election as

31

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  1  being erroneous by filing with the appropriate county

  2  canvassing board a sworn, written protest.

  3         (b)  Such protest shall be filed with the county

  4  canvassing board prior to the time the canvassing board

  5  certifies the results for the office being protested or within

  6  72 hours after the polls close on the date the election is

  7  held, whichever occurs later.

  8         (c)  Upon receipt of a protest, the canvassing board

  9  shall:

10         1.  When paper ballots are used, examine the tabulation

11  of the paper ballots cast.

12         2.  When voting machines are used, examine the counters

13  on the machines of nonprinter machines or the printer-pac on

14  printer machines. If there is a discrepancy between the

15  returns and the counters of the machines or the printer-pac,

16  the counters of such machines or the printer-pac shall be

17  presumed correct.

18         3.  When electronic or electromechanical equipment is

19  used, the county canvassing board shall examine precinct

20  records and election returns. If there is a clerical error,

21  such error shall be corrected by the county canvassing board.

22  If there is a discrepancy that could affect the outcome of an

23  election, the county canvassing board may recount the ballots

24  on the automatic tabulating equipment.

25         (d)1.  Any candidate not covered by paragraph (1)(d)

26  whose name appeared on the ballot or any political committee

27  that supports or opposes an issue not covered by paragraph

28  (1)(d) may file a written request with the county canvassing

29  board for a manual recount. The written request shall contain

30  a statement of the reason the manual recount is being

31  requested.

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  1         2.  Such request must be filed with the canvassing

  2  board prior to the time the canvassing board certifies the

  3  results for the office being protested or within 72 hours

  4  after midnight of the date the election was held, whichever

  5  occurs later.

  6         3.  The county canvassing board may authorize a manual

  7  recount. If a manual recount is authorized, the county

  8  canvassing board shall make a reasonable effort to notify each

  9  candidate whose race is being recounted of the time and place

10  of such recount.

11         4.  The manual recount must include at least three

12  precincts and at least 1 percent of the total votes cast for

13  such candidate or issue. In the event there are less than

14  three precincts involved in the election, all precincts shall

15  be counted. The person who requested the recount shall choose

16  three precincts to be recounted, and, if other precincts are

17  recounted, the county canvassing board shall select the

18  additional precincts.

19         (e)  If the manual recount indicates an error in the

20  vote tabulation that could affect the outcome of the election,

21  the county canvassing board shall:

22         1.  Correct the error and recount the remaining

23  precincts with the vote tabulation system; or

24         2.  Request the Department of State to verify the

25  tabulation software.

26

27  If the error in the vote tabulation cannot be corrected

28  pursuant to subparagraph 1. or subparagraph 2., the county

29  canvassing board may manually recount all ballots.

30         (6)  Any manual recount shall be open to the public.

31         (3)(7)  Procedures for a manual recount are as follows:

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  1         (a)  Any manual recount shall be open to the public.

  2         (b)(a)  The county canvassing board shall appoint as

  3  many counting teams of at least two electors as is necessary

  4  to manually recount the ballots. A counting team must have,

  5  when possible, members of at least two political parties. A

  6  candidate involved in the race shall not be a member of the

  7  counting team.

  8         (c)(b)  If a counting team is unable to determine a

  9  voter's intent in casting a ballot, the ballot shall be

10  presented to the county canvassing board for it to determine

11  the voter's intent.

12         (4)(8)  If the county canvassing board determines the

13  need to verify the tabulation software, the county canvassing

14  board shall request in writing that the Department of State

15  verify the software.

16         (5)(9)  When the Department of State verifies such

17  software, the department shall:

18         (a)  Compare the software used to tabulate the votes

19  with the software filed with the Department of State pursuant

20  to s. 101.5607; and

21         (b)  Check the election parameters.

22         (6)(10)  The Department of State shall respond to the

23  county canvassing board within 3 working days.

24         Section 7.  Section 102.167, Florida Statutes, is

25  amended to read:

26         102.167  Form of protest of election returns.--

27         (1)  The form of the "Protest of Election Returns to

28  Canvassing Board" shall be as follows:

29

30                  PROTEST OF ELECTION RETURNS TO

31                         CANVASSING BOARD

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  1

  2                                                   ...., Florida

  3                                              ...., ...(year)...

  4         As provided in Section 102.166(2)(1), Florida Statutes,

  5  I, .... of .... County, Florida, believe the election returns

  6  from Precinct No. .... in the .... election ...(year)... are

  7  erroneous.

  8         I hereby protest the canvass of such returns by the

  9  .... Canvassing Board, and request that said returns be

10  investigated, examined, checked, and corrected by said

11  Canvassing Board.  The basis for this protest is .............

12  ..............................................................

13  ..............................................................

14  ..............................................................

15  ..............................................................

16  ..............................................................

17

18  Under penalties of perjury, I swear (or affirm) that I have

19  read the foregoing and that the facts alleged are true, to the

20  best of my knowledge and belief.

21

22         ...(Signature of person protesting election returns)...

23         (2)  The form of the "Protest of Election Returns to

24  the Elections Canvassing Commission" shall be as follows:

25

26                  PROTEST OF ELECTION RETURNS TO

27               THE ELECTIONS CANVASSING COMMISSION

28

29

30                                              ...., ...(year)...

31

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  1         As provided in Section 102.166(1), Florida Statutes, I,

  2  .... , believe the election returns from .... in the ....

  3  election ...(year)... are erroneous.

  4         I hereby protest the canvass of such returns by the

  5  Elections Canvassing Commission, and request that said returns

  6  be investigated, examined, checked, and corrected by the

  7  Elections Canvassing Commission.  The basis for this protest

  8  is ...........................................................

  9  ..............................................................

10  ..............................................................

11  ..............................................................

12  ..............................................................

13  ..............................................................

14

15  Under penalties of perjury, I swear (or affirm) that I have

16  read the foregoing and that the facts alleged are true, to the

17  best of my knowledge and belief.

18

19         ...(Signature of person protesting election returns)...

20         Section 8.  Section 102.168, Florida Statutes, is

21  amended to read:

22         102.168  Contest of election.--

23         (1)  Except as provided in s. 102.171, the

24  certification of election or nomination of any person to

25  office, or of the result on any question submitted by

26  referendum, may be contested in the circuit court by any

27  unsuccessful candidate for such office or nomination thereto

28  or by any elector qualified to vote in the election related to

29  such candidacy, or by any taxpayer, respectively.

30         (2)  Such contestant shall file a complaint, together

31  with the fees prescribed in chapter 28, with the clerk of the

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  1  circuit court within 10 days after midnight of the date the

  2  last county canvassing board empowered to canvass the returns

  3  certifies the results of the election being contested or

  4  within 5 days after midnight of the date the last county

  5  canvassing board empowered to canvass the returns certifies

  6  the results of that particular election following a protest

  7  pursuant to s. 102.166(1), whichever occurs later.

  8         (3)  The complaint shall set forth the grounds on which

  9  the contestant intends to establish his or her right to such

10  office or set aside the result of the election on a submitted

11  referendum. The grounds for contesting an election under this

12  section are:

13         (a)  Misconduct, fraud, or corruption on the part of

14  any election official or any member of the canvassing board

15  sufficient to change or place in doubt the result of the

16  election.

17         (b)  Ineligibility of the successful candidate for the

18  nomination or office in dispute.

19         (c)  Receipt of a number of illegal votes or rejection

20  of a number of legal votes sufficient to change or place in

21  doubt the result of the election.

22         (d)  Proof that any elector, election official, or

23  canvassing board member was given or offered a bribe or reward

24  in money, property, or any other thing of value for the

25  purpose of procuring the successful candidate's nomination or

26  election or determining the result on any question submitted

27  by referendum.

28         (e)  Any other cause or allegation which, if sustained,

29  would show that a person other than the successful candidate

30  was the person duly nominated or elected to the office in

31  question or that the outcome of the election on a question

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  1  submitted by referendum was contrary to the result declared by

  2  the canvassing board or election board.

  3         (4)  The canvassing board or the Elections Canvassing

  4  Commission election board shall be the proper party defendant,

  5  and the successful candidate shall be an indispensable party

  6  to any action brought to contest the election or nomination of

  7  a candidate.

  8         (5)  A statement of the grounds of contest may not be

  9  rejected, nor the proceedings dismissed, by the court for any

10  want of form if the grounds of contest provided in the

11  statement are sufficient to clearly inform the defendant of

12  the particular proceeding or cause for which the nomination or

13  election is contested.

14         (6)  A copy of the complaint shall be served upon the

15  defendant and any other person named therein in the same

16  manner as in other civil cases under the laws of this state.

17  Within 10 days after the complaint has been served, the

18  defendant must file an answer admitting or denying the

19  allegations on which the contestant relies or stating that the

20  defendant has no knowledge or information concerning the

21  allegations, which shall be deemed a denial of the

22  allegations, and must state any other defenses, in law or

23  fact, on which the defendant relies. If an answer is not filed

24  within the time prescribed, the defendant may not be granted a

25  hearing in court to assert any claim or objection that is

26  required by this subsection to be stated in an answer.

27         (7)  Any candidate, qualified elector, or taxpayer

28  presenting such a contest to a circuit judge is entitled to an

29  immediate hearing. However, the court in its discretion may

30  limit the time to be consumed in taking testimony, with a view

31

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  1  therein to the circumstances of the matter and to the

  2  proximity of any succeeding primary or other election.

  3         (8)  The circuit judge to whom the contest is presented

  4  may fashion such orders as he or she deems necessary to ensure

  5  that each allegation in the complaint is investigated,

  6  examined, or checked, to prevent or correct any alleged wrong,

  7  and to provide any relief appropriate under such

  8  circumstances.

  9         Section 9.  Section 102.111, Florida Statutes, is

10  amended to read:

11         102.111  Elections Canvassing Commission.--

12         (1)  Immediately after certification of any election by

13  the county canvassing board, the results shall be forwarded to

14  the Department of State concerning the election of any federal

15  or state officer. The Elections Canvassing Commission shall

16  consist of the Governor and two members of the Cabinet as

17  determined by the Governor, the Secretary of State, and the

18  Director of the Division of Elections shall be the Elections

19  Canvassing Commission.  The Elections Canvassing Commission

20  shall, as soon as the official results are compiled from all

21  counties, certify the returns of the election and determine

22  and declare who has been elected for each office. In the event

23  that the Governor is recused, or any other member of the

24  commission cannot serve, the Governor shall fill the vacancy

25  following the same procedure for appointment to the

26  commission. If no other Cabinet members are available to

27  serve, the Governor shall choose a registered voter any member

28  of the Elections Canvassing Commission is unavailable to

29  certify the returns of any election, such member shall be

30  replaced by a substitute member of the Cabinet as determined

31  by the Director of the Division of Elections.  If the county

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  1  returns are not received by the Department of State by 5 p.m.

  2  of the seventh day following an election, all missing counties

  3  shall be ignored, and the results shown by the returns on file

  4  shall be certified.

  5         (2)  The Division of Elections shall provide the staff

  6  services required by the Elections Canvassing Commission.

  7         Section 10.  Section 102.112, Florida Statutes, is

  8  amended to read:

  9         102.112  Deadline for submission of county returns to

10  the Department of State; penalties.--

11         (1)  The county canvassing board or a majority thereof

12  shall file the county returns for the election of a federal or

13  state officer with the Department of State immediately after

14  certification of the election results.

15         (2)(a)  Returns must be filed by 5 p.m. on the 7th day

16  following the first primary. and general election and

17         (b)  Returns must be filed by 3 p.m. on the 3rd day

18  following the second primary.

19         (c)  Returns must be filed by 5 p.m. on the 14th day

20  following the general election.

21         (3)(a)  If the returns are not received by the

22  department by the time specified, such returns shall may be

23  ignored and the results on file at that time shall may be

24  certified by the Elections Canvassing Commission department.

25         (b)  If the returns are not received by the department

26  due to an emergency, as defined in s. 101.732, the Elections

27  Canvassing Commission shall determine the deadline by which

28  the returns must be filed.

29         (2)  The department shall fine each board member $200

30  for each day such returns are late, the fine to be paid only

31  from the board member's personal funds. Such fines shall be

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  1  deposited into the Election Campaign Financing Trust Fund,

  2  created by s. 106.32.

  3         (3)  Members of the county canvassing board may appeal

  4  such fines to the Florida Elections Commission, which shall

  5  adopt rules for such appeals.

  6         Section 11.  Section 98.0977, Florida Statutes, is

  7  created to read:

  8         98.0977  Statewide voter registration database.--

  9         (1)  The department shall develop a statewide voter

10  registration database, to be administered by the division.

11         (2)  The copyright to the database shall be held by the

12  Department of State according to the rights provided in s.

13  119.084.

14         (3)  The division shall compare the information

15  provided by the voter to the information held by the

16  Department of Law Enforcement, the Board of Executive

17  Clemency, and the Office of Vital Statistics. If the division

18  finds information that suggests the voter is ineligible to

19  register to vote, the division shall notify the voter by

20  certified mail. The notification shall contain a statement as

21  to the reason of ineligibility and request information from

22  the voter on forms provided by the division to determine

23  eligibility. After reviewing the information requested by the

24  division and provided by the voter, if the division determines

25  that the voter is not eligible to vote under Florida law, the

26  division shall notify the appropriate supervisor of elections

27  so that he or she may remove the voter from the rolls.

28         Section 12.  Section 98.0979, Florida Statutes, is

29  created to read:

30         98.0979  Statewide voter registration database open to

31  inspection; copies.--

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  1         (1)(a)  The voter registration information of the state

  2  constitutes public records. Any citizen of the state is

  3  allowed to examine the voter registration records but may not

  4  make any copies or extract therefrom except as provided by

  5  this section.

  6         (b)  Within 15 days of a request for voter registration

  7  information, the division shall furnish any requested

  8  information, excluding only a voter's signature and social

  9  security number and such other information that is by statute

10  specifically made confidential or is exempt from public

11  records requirements.

12         (c)  Actual costs of duplication of information

13  authorized by this section for release to the public shall be

14  charged in accordance with the provisions of s. 119.07.

15         (2)  The information provided by the division pursuant

16  to this section shall be furnished only to:

17         (a)  Municipalities;

18         (b)  Other governmental agencies;

19         (c)  Candidates, to further their candidacy;

20         (d)  Registered political committees, registered

21  committees of continuous existence, and political parties or

22  officials thereof, for political purposes only; and

23         (e)  Incumbent officeholders, to report to their

24  constituents.

25

26  Such information shall not be used for commercial purposes. No

27  person to whom a list of registered voters is made available

28  pursuant to this section, and no person who acquires such a

29  list, shall use any information contained therein for purposes

30  which are not related to elections, political or governmental

31  activities, voter registration, or law enforcement.

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  1         (3)  Any person who acquires a list of registered

  2  voters from the division shall take and subscribe to an oath

  3  which shall be in substantially the following form:

  4

  5         I hereby swear or affirm that I am a person

  6         authorized by s. 98.0979, Florida Statutes, to

  7         acquire information on registered voters of

  8         .... County, Florida; that the information

  9         acquired will be used only for the purposes

10         prescribed in that section and for no other

11         purpose; and that I will not permit the use or

12         copying of such information by persons not

13         authorized by the Election Code of the State of

14         Florida.

15

16              ...(Signature of person acquiring list)...

17

18  Sworn to and subscribed before me this .... day of

19  ...., ...(year)....

20         Section 13.  Section 106.0705, Florida Statutes, is

21  created to read:

22         106.0705  Electronic filing of campaign treasurer's

23  reports.--

24         (1)(a)  Each candidate who is required to file reports

25  pursuant to s. 106.07 with the division and who accepts

26  contributions or makes expenditures in an aggregate amount in

27  excess of $10,000 for the office sought must file such reports

28  with the division by means of electronic transfer.

29         (b)  Each political committee, committee of continuous

30  existence, or state executive committee that is required to

31  file reports with the division under s. 106.04, s. 106.07, or

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  1  s. 106.29, as applicable, and that accepts contributions or

  2  makes expenditures in an aggregate amount in excess of $10,000

  3  in a calendar year must file such reports with the division by

  4  means of electronic transfer.

  5         (c)  Reports required to be filed pursuant to s.

  6  106.04, s. 106.07, or s. 106.29 that are not subject to the

  7  electronic filing provisions of this section may be on forms

  8  provided by the division.

  9         (2)(a)  Except as provided in paragraph (b), reports

10  filed pursuant to this section shall be filed not later than 5

11  p.m. of the day designated. Reports not received by 5 p.m. of

12  the day designated as required are late filed and are subject

13  to the penalties provided in s. 106.04(8), s. 106.07(8), or s.

14  106.29(3), as applicable.

15         (b)  Statewide candidates who have requested to receive

16  contributions under the provisions of the Florida Election

17  Campaign Financing Act and statewide candidates in races with

18  candidates who have requested to receive contributions under

19  such act shall file their last reports not later than noon on

20  the Friday immediately preceding the general election. Reports

21  not received by noon of that day as required are late filed

22  and are subject to the penalties provided in s. 106.07(8).

23         (3)  Each report filed pursuant to this section is

24  considered to be under oath by the person filing the report,

25  and such person is subject to the provisions of s.

26  106.04(4)(d), s. 106.07(5), or s. 106.29(2), as applicable.

27         (4)  The division shall adopt rules pursuant to ss.

28  120.536(1) and 120.54 to administer this section, to provide

29  for the reports required to be filed pursuant to this section,

30  and to provide that:

31

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  1         (a)  The division develop an electronic filing system

  2  based on access by means of the Internet.

  3         (b)  The electronic filing system be accessible by

  4  anyone with Internet access using standard web-browsing

  5  software.

  6         (c)  The electronic filing system provide for direct

  7  entry of campaign finance information as well as download of

  8  such information from campaign finance software certified by

  9  the division.

10         (d)  The electronic filing system provide a method that

11  verifies the identity of the person submitting the report.

12         (e)  The division provide for alternate filing

13  procedures in case of failure by the division's web server.

14         (f)  The division issue an electronic receipt to the

15  person submitting the report indicating and verifying that the

16  report has been filed and received.

17         Section 14.  Subsection (3) of section 101.6103,

18  Florida Statutes, is amended to read:

19         101.6103  Mail ballot election procedure.--

20         (3)  The return mailing envelope shall contain a

21  statement in substantially the following form:

22

23                       VOTER'S CERTIFICATE

24

25         I, ...(Print Name)..., do solemnly swear (or affirm)

26  that I am a qualified voter in this election and that I have

27  not and will not vote more than one ballot in this election.

28         I understand that failure to date and sign this

29  certificate and give my residence address will invalidate my

30  ballot.

31                                                    ...(Date)...

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  1                                               ...(Signature)...

  2                                       ...(Residence Address)...

  3

  4         Section 15.  This act shall take effect July 1, 2001,

  5  except that ss. 98.0977(2) and 101.56061(2)(b), Florida

  6  Statutes, as created by this act, shall take effect only if

  7  House Bill 789 or similar legislation creating s. 119.084,

  8  Florida Statutes, to provide for the copyright of governmental

  9  data processing software is adopted in the same legislative

10  session or an extension thereof and becomes law.

11

12            *****************************************

13                          HOUSE SUMMARY

14
      Revises various provisions of law relating to elections.
15    Provides for a uniform statewide voting system.
      Restricts approval to a precinct tabulation
16    marksense-type voting system after a specified date.
      Provides for development of a statewide direct reporting
17    equipment voting system for future use if funded.
      Authorizes the Department of State to hold the copyright
18    to the direct reporting system's software as provided by
      law.  Revises the dates on which the primary elections
19    are held.  Authorizes and provides requirements for
      provisional ballots.  Provides definitions for "error in
20    the vote tabulation" and "valid vote."  Revises election
      protest procedures.  Provides the form of protest of
21    election returns with the Elections Canvassing
      Commission.  Revises election contest procedures.
22    Revises membership of the Elections Canvassing Commission
      and provisions for filling vacancies on the commission.
23    Revises deadlines for submission of county returns to the
      Department of State and eliminates provisions
24    establishing fines for late reporting.  Provides for
      development of a statewide voter registration database.
25    Authorizes the Department of State to hold the copyright
      to the database software as provided by law.  Provides
26    for update of information in the database.  Provides that
      voter registration information is public except for
27    information made confidential by law.  Provides
      requirements for securing copies of any voter
28    registration information.  Requires electronic filing of
      campaign treasurer's reports under certain circumstances.
29    Provides reporting dates and penalties for late or false
      reporting.  Provides rulemaking authority therefor.
30    Revises the voter's certificate for mail ballot elections
      to include a date requirement.  See bill for details.
31

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