Senate Bill sb1300

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    Florida Senate - 2002                                  SB 1300

    By Senator Sebesta





    20-432A-02

  1                      A bill to be entitled

  2         An act relating to voter registration; amending

  3         s. 97.052, F.S.; authorizing the voter

  4         registration application to be reproduced;

  5         amending s. 97.057, F.S.; requiring the

  6         Department of Highway Safety and Motor Vehicles

  7         to forward unsigned voter registration

  8         applications to the supervisors of elections;

  9         amending s. 97.071, F.S.; removing the

10         requirement that the supervisor of election's

11         name appear on voter identification cards;

12         amending s. 97.1031, F.S.; providing for

13         electors to change their address on the voter

14         registration rolls by telephonic or electronic

15         means; amending s. 98.0977, F.S.; providing for

16         the removal from the registration rolls of the

17         names of persons convicted of a felony or

18         adjudicated mentally incompetent; providing for

19         a hearing; providing an effective date.

20

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

22

23         Section 1.  Subsection (1) of section 97.052, Florida

24  Statutes, is amended to read:

25         97.052  Uniform statewide voter registration

26  application.--

27         (1)  The department shall prescribe a uniform statewide

28  voter registration application for use in this state.

29         (a)  The uniform statewide voter registration

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

31  following purposes:

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    Florida Senate - 2002                                  SB 1300
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  1         1.  Initial registration.

  2         2.  Change of address.

  3         3.  Change of party affiliation.

  4         4.  Change of name.

  5         5.  Replacement of voter registration identification

  6  card.

  7         (b)  The department is responsible for printing the

  8  uniform statewide voter registration application and the voter

  9  registration application form prescribed by the Federal

10  Election Commission pursuant to the National Voter

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

12  distributed, upon request, to the following:

13         1.  Individuals seeking to register to vote.

14         2.  Individuals or groups conducting voter registration

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

16  on requests for 10,000 or more applications.

17         3.  The Department of Highway Safety and Motor

18  Vehicles.

19         4.  Voter registration agencies.

20         5.  Armed forces recruitment offices.

21         6.  Qualifying educational institutions.

22         7.  Supervisors, who must make the applications and

23  forms available in the following manner:

24         a.  By distributing the applications and forms in their

25  offices to any individual or group.

26         b.  By distributing the applications and forms at other

27  locations designated by each supervisor.

28         c.  By mailing the applications and forms to applicants

29  upon the request of the applicant.

30         (c)  The uniform statewide voter registration

31  application may not be reproduced by any private individual or

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    Florida Senate - 2002                                  SB 1300
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  1  group. However, such reproductions must be in the same format

  2  as the uniform statewide application.

  3         Section 2.  Subsection (2) of section 97.057, Florida

  4  Statutes, is amended to read:

  5         97.057  Voter registration by the Department of Highway

  6  Safety and Motor Vehicles.--

  7         (2)  The Department of Highway Safety and Motor

  8  Vehicles shall:

  9         (a)  Notify each individual, orally or in writing,

10  that:

11         1.  Information gathered for the completion of a

12  driver's license or identification card application, renewal,

13  or change of address can be automatically transferred to a

14  voter registration application;

15         2.  If additional information and a signature are

16  provided, the voter registration application will be completed

17  and sent to the proper election authority;

18         3.  Information provided can also be used to update a

19  voter registration record;

20         4.  All declinations will remain confidential and may

21  be used only for voter registration purposes; and

22         5.  The particular driver license office in which the

23  person applies to register to vote or updates a voter

24  registration record will remain confidential and may be used

25  only for voter registration purposes.

26         (b)  Require a driver's license examiner to inquire

27  orally, or inquire in writing if the applicant is hearing

28  impaired, and whether the applicant wishes to register to vote

29  or update a voter registration record during the completion of

30  a driver's license or identification card application,

31  renewal, or change of address.

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    Florida Senate - 2002                                  SB 1300
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  1         1.  If the applicant chooses to register to vote or to

  2  update a voter registration record:

  3         a.  All applicable information received by the

  4  Department of Highway Safety and Motor Vehicles in the course

  5  of filling out the forms necessary under subsection (1) must

  6  be transferred to a voter registration application;

  7         b.  The additional necessary information must be

  8  obtained by the driver's license examiner and must not

  9  duplicate any information already obtained while completing

10  the forms required under subsection (1); and

11         c.  A voter registration application with all of the

12  applicant's voter registration information must be presented

13  to the applicant to sign.

14         2.  If the applicant declines to register to vote,

15  update the applicant's voter registration record, or change

16  the applicant's address by either orally declining or by

17  failing to sign the voter registration application, the

18  Department of Highway Safety and Motor Vehicles must keep the

19  declination for 2 years. The department shall forward any

20  unsigned voter registration application to the appropriate

21  supervisor of elections within 5 days after receipt.

22         Section 3.  Subsection (1) of section 97.071, Florida

23  Statutes, is amended to read:

24         97.071  Registration identification card.--

25         (1)  A registration identification card must be

26  furnished to all voters registering under the permanent single

27  registration system and must contain:

28         (a)  Voter's registration number.

29         (b)  Date of registration.

30         (c)  Full name.

31         (d)  Party affiliation.

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    Florida Senate - 2002                                  SB 1300
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  1         (e)  Date of birth.

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

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

  4         (h)  Address of legal residence.

  5         (i)  Precinct number.

  6         (j)  Name Signature of supervisor.

  7         (k)  Place for voter's signature.

  8         (l)  Other information deemed necessary by the

  9  department.

10         Section 4.  Subsection (1) of section 97.1031, Florida

11  Statutes, is amended to read:

12         97.1031  Notice of change of residence within the same

13  county, change of name, or change of party.--

14         (1)  When an elector moves from the address named on

15  that person's voter registration record to another address

16  within the same county, the elector must notify provide a

17  signed, written notification of such move to the supervisor

18  and obtain a registration identification card reflecting the

19  new address of legal residence. Notification may be made by a

20  signed, written notice, or by telephonic or electronic means,

21  in which case the elector's birthdate must be included.

22         Section 5.  Subsection (3) of section 98.0977, is

23  amended to read:

24         98.0977  Statewide voter registration database;

25  development and maintenance.--

26         (3)(a)  In administering the database, each supervisor

27  of elections shall compare registration information provided

28  by a voter with information held by the Department of Law

29  Enforcement, the Board of Executive Clemency, the Office of

30  Vital Statistics, and other relevant sources.

31

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    Florida Senate - 2002                                  SB 1300
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  1         (b)  The supervisor of elections shall remove from the

  2  registration rolls the name of any deceased person.

  3         (c)  Information on the statewide voter registration

  4  database which indicates that a voter in one county has

  5  subsequently registered to vote in another shall be considered

  6  a written request to have the voter's name removed from the

  7  registration rolls of the first county, and the supervisor

  8  shall remove that voter's name from the rolls.

  9         (d)  If the supervisor of elections finds information

10  that suggests that a voter has been convicted of a felony and

11  has not had his or her civil rights restored or has been

12  adjudicated mentally incompetent and has not had his or her

13  right to vote restored is ineligible to register to vote, the

14  supervisor of elections shall notify the voter by certified

15  United States mail.  The notification shall contain a

16  statement concerning as to the reason for the voter's

17  potential ineligibility to register to vote and shall request

18  information from the voter on forms provided by the supervisor

19  of elections in order to make a final determination on the

20  voter's eligibility.

21         e.  As an alternative, the voter may attend a hearing

22  at a time and place specified in the notice. If there is

23  evidence that the notice was not received, notice must be

24  given once by publication in a newspaper of general

25  circulation in the county. The notice must plainly state that

26  the voter is potentially ineligible to be registered to vote

27  and must state a time and place for the person to appear to

28  show cause why his or her name should not be removed from the

29  voter registration rolls. After reviewing the information

30  requested by the supervisor of elections and provided by the

31  voter, if the supervisor of elections determines that the

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    Florida Senate - 2002                                  SB 1300
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  1  voter is not eligible to vote under the laws of this state,

  2  the supervisor of elections shall notify the voter by

  3  certified United States mail that he or she has been found

  4  ineligible to register to vote in this state, shall state the

  5  reason for the ineligibility, and shall inform the voter that

  6  he or she has been will be removed from the voter registration

  7  rolls. The supervisor shall remove from the voter registration

  8  rolls the name of any voter who fails to respond within 30

  9  days to the notice sent by certified mail or to attend the

10  hearing.

11         1.  Upon hearing all evidence, the supervisor must

12  determine whether there is sufficient evidence to strike the

13  person's name from the registration books. If the supervisor

14  determines that there is sufficient evidence, he or she must

15  strike the name.

16         2.  Appeal may be taken to the circuit court in the

17  county where the person was registered. Notice of appeal must

18  be filed within the time and in the manner provided by the

19  Florida Rules of Appellate Procedure and acts as supersedeas.

20  Trial in the circuit court is de novo and governed by the

21  rules of that court. Unless the person shows that his or her

22  name was erroneously or illegally stricken from the

23  registration books or that he or she is indigent, the person

24  must bear the costs of the trial in the circuit court.

25  Otherwise, the cost of the appeal must be paid by the board of

26  county commissioners.

27         Section 6.  This act shall take effect upon becoming a

28  law.

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    Florida Senate - 2002                                  SB 1300
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  2                          SENATE SUMMARY

  3    Revises provisions relating to voter registration. (See
      bill for details.)
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