HB 1567

CS

CHAMBER ACTION

1	The State Administration Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to elections; amending s. 97.012, F.S.;
7	revising duties of the Secretary of State as chief
8	election officer; amending s. 97.021, F.S.; revising
9	definitions; creating s. 97.029, F.S.; relating to the
10	award of attorney's fees and costs in proceedings
11	challenging election or voter registration law; amending
12	s. 97.051, F.S.; revising the oath a person must take to
13	register to vote; amending s. 97.052, F.S.; revising
14	provisions relating to the uniform statewide voter
15	registration application; removing the requirement that
16	the uniform statewide voter registration application must
17	contain certain homestead exemption information; amending
18	s. 97.053, F.S.; revising criteria for a voter
19	registration application to be deemed complete; specifying
20	where an initial voter registration application may be
21	mailed; amending s. 97.055, F.S.; providing for permitted
22	updates once registration books are closed; creating s.
23	97.0575, F.S.; regulating third-party voter registrations
24	and registration organizations; requiring third-party
25	voter registration organizations to name a registered
26	agent and submit certain information to the Division of
27	Elections; providing for a fiduciary duty of the third-
28	party voter registration organization to the applicant;
29	providing for joint and several liability for a breach of
30	fiduciary duty; specifying fines; authorizing the division
31	to investigate certain violations; providing for collected
32	fines to be set aside by the division in a trust fund;
33	authorizing the division to adopt certain rules; amending
34	s. 98.045, F.S.; correcting a cross reference; amending s.
35	98.077, F.S.; providing for signature updates for use in
36	verifying absentee and provisional ballots; providing a
37	deadline for the supervisor of elections to receive voter
38	signature updates; amending s. 99.061, F.S.; amending to
39	conform; revising a financial disclosure requirement for
40	candidate qualification; providing a submission deadline
41	for qualifying papers; amending s. 99.063, F.S.; revising
42	a financial disclosure requirement for certain designated
43	candidates; amending s. 99.092, F.S., relating to
44	qualifying fees of candidates, to conform; amending s.
45	99.095, F.S.; providing for a petition process in lieu of
46	a qualifying fee and party assessment; providing
47	requirements for signatures and petition format; providing
48	submission deadlines; amending s. 99.0955, F.S.; revising
49	provisions relating to candidates with no party
50	affiliation; amending to conform; deleting obsolete
51	provisions; amending s. 99.096, F.S.; revising filing
52	requirements of minor political party candidates; amending
53	to conform; deleting obsolete provisions; amending s.
54	99.09651, F.S., relating to signature requirements for
55	ballot position in a year of apportionment, to conform;
56	amending s. 100.011, F.S.; requiring electors in line at
57	the official closing of the polls to be allowed to vote;
58	amending s. 100.101, F.S.; deleting a provision requiring
59	a special election to be held if a vacancy occurs in
60	nomination; amending s. 100.111, F.S.; revising
61	requirements relating to filling candidate vacancies;
62	deleting provisions relating to a prohibition of qualified
63	candidates to fill a vacancy in nomination; deleting
64	obsolete provisions; amending s. 100.141, F.S.; conforming
65	provisions relating to vacancies in nomination and
66	qualifying by an alternative method; amending s. 101.031,
67	F.S.; revising the voter's bill of rights to allow for an
68	elector whose identity in question to cast a provisional
69	ballot and to remove the right for an elector to prove
70	identity by signing an affidavit; amending s. 101.043,
71	F.S., relating to identification required at polls, to
72	conform; amending s. 101.048, F.S.; providing a person
73	casting a provisional ballot the right to present certain
74	eligibility evidence by a certain date; providing for the
75	county canvassing board to review provisional ballot
76	voter's certificates and affirmations; providing a
77	standard of review; revising the provisional ballot
78	voter's certificate and affirmation form; revising
79	provisions relating to casting provisional ballots by
80	electronic means; amending s. 101.049, F.S.; providing for
81	provisional ballots and persons with disabilities;
82	amending s. 101.051, F.S.; prohibiting solicitation of
83	assistance to electors with certain disabilities at
84	certain locations; providing a penalty; requiring a person
85	providing an elector assistance to vote to take a
86	specified oath; amending s. 101.111, F.S.; revising the
87	oath taken by persons challenging the right of a person to
88	vote; deleting the oath required to be taken by a person
89	whose right to vote was challenged and allowing that
90	person to cast a provisional ballot; providing a
91	prohibition against and penalty for frivolous challenges;
92	amending s. 101.131, F.S.; allowing certain poll watchers
93	in early voting areas and polling rooms; providing
94	limitations and restrictions on behavior of poll watchers;
95	providing deadlines regarding designation and approval of
96	poll watchers; amending s. 101.151, F.S.; replacing paper
97	ballots with marksense ballots and accompanying
98	specifications; amending s. 101.171, F.S.; requiring a
99	copy of constitutional amendments to be available at
100	polling locations in poster or booklet form; amending s.
101	101.294, F.S.; prohibiting a vendor of voting equipment
102	from providing an uncertified voting system or upgrade;
103	providing for certification of voting systems and
104	upgrades; amending s. 101.295, F.S.; providing a penalty;
105	amending s. 101.49, F.S.; revising the procedure of
106	election officers where signatures differ; amending s.
107	101.51, F.S., relating to electors' occupation of booths,
108	to conform; amending s. 101.5606, F.S., relating to
109	requirements for approval of voting systems, to conform;
110	amending s. 101.5608, F.S., relating to voting by
111	electronic or electromechanical methods, to conform;
112	amending s. 101.5612, F.S.; providing for additional
113	testing of voting systems under certain circumstances;
114	amending s. 101.5614, F.S.; correcting a cross reference;
115	amending s. 101.572, F.S.; revising a provision relating
116	to the public inspection of ballots; amending s. 101.58,
117	F.S.; authorizing certain employees of the Department of
118	State full access to all premises, records, equipment, and
119	staff of the supervisor of elections; amending s. 101.595,
120	F.S.; providing for the reporting of overvotes and
121	undervotes in races for President and Vice President and
122	Governor and Lieutenant Governor or, alternatively, other
123	races appearing first on the ballot; amending s. 101.6103,
124	F.S.; correcting a cross reference; authorizing canvassing
125	boards to begin canvassing mail ballots before the
126	election; providing a time when the results may be
127	released; providing a penalty; amending s. 101.62, F.S.;
128	revising provisions relating to the deadline by which the
129	supervisor of elections must receive a request for an
130	absentee ballot to be mailed to a voter; requiring
131	absentee ballots to be mailed by a certain time; requiring
132	certain information to be available and updated in
133	electronic format as provided by rule adopted by the
134	division; requiring information relating to absentee
135	receipt and delivery dates to be available to the voter
136	requesting the ballot; providing for unavailable regular
137	absentee ballots for overseas electors; providing a
138	deadline by which an absentee ballot request may be
139	fulfilled by personal delivery; amending s. 101.64, F.S.;
140	providing for a certain oath to be provided to overseas
141	electors in lieu of a voter's certificate; amending s.
142	101.657, F.S.; revising requirements relating to early
143	voting locations; revising the deadline to end early
144	voting and the times for opening and closing the early
145	voting sites each day; providing for uniformity of county
146	early voting sites; requiring any person in line at the
147	closing of an early voting site to be allowed to vote;
148	providing for early voting in municipal and special
149	district elections; requiring supervisors to provide
150	certain information in electronic format to the Division
151	of Elections; amending s. 101.663, F.S.; revising
152	provisions relating to certain electors who move to
153	another state; amending s. 101.68, F.S.; providing that an
154	absentee ballot is deemed to have been cast once it has
155	been received by the supervisor; amending s. 101.69, F.S.;
156	revising a provision relating to voting in person by
157	electors who have requested absentee ballots; amending s.
158	101.6923, F.S.; revising a provision relating to special
159	absentee ballot instructions for certain voters; amending
160	s. 101.694, F.S.; requiring certain absentee envelopes to
161	meet specifications as determined by a certain federal
162	program; amending s. 101.697, F.S.; providing a condition
163	on the department's ability to accept certain election
164	materials by electronic transmission from overseas voters;
165	amending s. 102.012, F.S.; revising provisions to require
166	supervisors of election to appoint one election board for
167	each precinct; requiring each supervisor to furnish
168	inspectors of election in each precinct with the list of
169	registered voters for the precinct; amending s. 102.014,
170	F.S.; requiring the division to develop a uniform training
171	curriculum for poll workers; revising grounds upon which a
172	supervisor shall replace an inspector or clerk; revising
173	requirements relating to the provisions and availability
174	of a uniform polling place procedures manual; amending s.
175	102.031, F.S.; revising a provision relating to
176	maintenance of good order at polls, authorities, persons
177	allowed in polling rooms, and unlawful solicitation of
178	voters to apply to early voting areas; increasing the
179	distance for the no solicitation zone; providing for the
180	designation of the no solicitation zone; prohibiting
181	photography in a polling room or early voting area;
182	amending s. 102.071, F.S.; decreasing the certificates of
183	the results needed to one; amending s. 102.111, F.S.;
184	providing for typographical errors in official county
185	returns to be certified by the Elections Canvassing
186	Commission; amending s. 102.112, F.S.; requiring the
187	county returns to contain a certain certification;
188	authorizing the department to correct typographical errors
189	in county returns; amending s. 102.141, F.S.; revising
190	provisions relating to county canvassing boards and their
191	duties; requiring that the county canvassing board be
192	responsible for ordering county and local recounts;
193	revising deadlines relating to submission of unofficial
194	returns; adding procedure and content requirements
195	relating to county canvassing boards' reports on conduct
196	of elections; requiring the supervisor of elections to
197	file or export files to the department from election
198	results and other statistical information as may be
199	requested by the department, the Legislature, and the
200	Election Assistance Commission; requiring the department
201	to adopt rules establishing the required content and
202	acceptable formats for certain filings; amending s.
203	102.166, F.S.; revising provisions relating to manual
204	recounts; amending s. 102.168, F.S.; revising proper party
205	defendants in actions contesting the election or
206	nomination of a candidate; amending s. 103.021, F.S.;
207	requiring the state executive committee of each political
208	party to recommend candidates for presidential electors to
209	the Governor using a specified procedure; providing
210	definitions; amending ss. 103.051 and 103.061, F.S.;
211	revising certain meeting and notice times of the
212	presidential electors; amending s. 103.121, F.S.; revising
213	the powers and duties of executive committees; amending s.
214	105.031, F.S.; exempting school board candidates from
215	qualifying fee requirements; revising requirements
216	relating to financial interest statements made by public
217	officers; providing a time by which a qualifying officer
218	may accept and hold certain qualifying papers; amending s.
219	105.035, F.S.; renaming the "alternative method" of
220	qualifying for certain offices as the "petition process";
221	removing provisions requiring a person seeking to qualify
222	by the petition process to file a certain oath; providing
223	a limitation upon elector signatures needed by certain
224	candidates; revising deadlines; transferring s. 98.122,
225	F.S., relating to closed caption television broadcasting
226	requirements, and renumbering the section as s. 106.165,
227	F.S.; amending s. 106.22, F.S.; revising the duties of the
228	Division of Elections to remove the duty to conduct
229	certain investigations and make subsequent reports;
230	amending s. 106.29, F.S., relating to the powers and
231	duties of the Florida Elections Commission, to conform;
232	amending s. 16.56, F.S.; authorizing the Office of
233	Statewide Prosecution to investigate and prosecute the
234	offenses of crimes involving voter registration, voting,
235	or candidate or issue petition activities; amending s.
236	112.3145, F.S.; deleting the requirement to file a copy of
237	disclosure for qualification; amending s. 119.07, F.S.;
238	placing a condition on when the supervisor of elections
239	shall notify certain candidates of ballot inspection;
240	amending s. 145.09, F.S.; requiring the Department of
241	State to adopt rules establishing certification
242	requirements of supervisors of elections; repealing s.
243	98.095, F.S., relating to county registers open to
244	inspection and copies; repealing s. 98.0979, F.S.;
245	relating to the statewide voter registration database's
246	being open to inspection and copies; repealing s. 98.181,
247	F.S., relating to supervisors of elections making up
248	indexes or records; repealing s. 98.481, F.S., relating to
249	challenge to electors; repealing s. 101.253, F.S.;
250	relating to when names are not to be printed on ballots;
251	repealing s. 101.635, F.S.; relating to distribution of
252	blocks of printed ballots; repealing s. 102.061, F.S.;
253	relating to duties of election board, counting, and
254	closing polls; repealing s. 106.085, F.S., relating to
255	independent expenditures, prohibited unfair surprise,
256	notice requirements, and a penalty; repealing s. 106.144,
257	F.S.; relating to endorsements or opposition by certain
258	groups and organizations; providing for severability;
259	providing an effective date.
260
261	Be It Enacted by the Legislature of the State of Florida:
262
263	Section 1.  Section 97.012, Florida Statutes, is amended to
264	read:
265	97.012  Secretary of State as chief election officer.--The
266	Secretary of State is the chief election officer of the state,
267	and it is his or her responsibility to:
268	(1)  Obtain and maintain uniformity in the application,
269	operation, and interpretation of the election laws.
270	(2)  Provide uniform standards for the proper and equitable
271	implementation of the registration laws.
272	(3)  Actively seek out and collect the data and statistics
273	necessary to knowledgeably scrutinize the effectiveness of
274	election laws.
275	(4)  Provide technical assistance to the supervisors of
276	elections on voter education and election personnel training
277	services.
278	(5)  Provide technical assistance to the supervisors of
279	elections on voting systems.
280	(6)  Provide voter education assistance to the public.
281	Voter education activities of the department or the department
282	in combination with the supervisors of elections, either
283	individually or in the aggregate, or with their respective
284	professional associations, are not subject to the competitive
285	solicitation requirements of s. 287.057(5).
286	(7)  Coordinate the state's responsibilities under the
287	National Voter Registration Act of 1993.
288	(8)  Provide training to all affected state agencies on the
289	necessary procedures for proper implementation of this chapter.
290	(9)  Ensure that all registration applications and forms
291	prescribed or approved by the department are in compliance with
292	the Voting Rights Act of 1965 and the National Voter
293	Registration Act of 1993.
294	(10)  Coordinate with the United States Department of
295	Defense so that armed forces recruitment offices administer
296	voter registration in a manner consistent with the procedures
297	set forth in this code for voter registration agencies.
298	(11)  Create and maintain a statewide voter registration
299	system in accordance with the Help America Vote Act of 2002
300	database.
301	(12)  Maintain a voter fraud hotline and provide election
302	fraud education to the public.
303	(13)  Designate an office within the department to be
304	responsible for providing information regarding voter
305	registration procedures and absentee ballot procedures to absent
306	uniformed services voters and overseas voters.
307	(14)  Conduct preliminary investigations into any
308	irregularities or fraud involving voter registration, voting, or
309	candidate or issue petition activities and report its findings
310	to the statewide prosecutor or the state attorney for the
311	judicial circuit in which the alleged violation occurred for
312	prosecution, where warranted. The department may prescribe by
313	rule requirements for filing an elections fraud complaint and
314	for investigating any such complaint.
315	Section 2.  Section 97.021, Florida Statutes, is amended to
316	read:
317	97.021  Definitions.--For the purposes of this code, except
318	where the context clearly indicates otherwise, the term:
319	(1)  "Absent elector" means any registered and qualified
320	voter who casts an absentee ballot.
321	(2)  "Alternative formats" has the meaning ascribed in the
322	Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42
323	U.S.C. ss. 12101 et seq., including specifically the technical
324	assistance manuals promulgated thereunder, as amended.
325	(3)  "Ballot" or "official ballot" when used in reference
326	to:
327	(a)  "Marksense Paper ballots" means that printed sheet of
328	paper, used in conjunction with an electronic or
329	electromechanical vote tabulation voting system, containing the
330	names of candidates, or a statement of proposed constitutional
331	amendments or other questions or propositions submitted to the
332	electorate at any election, on which sheet of paper an elector
333	casts his or her vote.
334	(b)  "Electronic or electromechanical devices" means a
335	ballot that is voted by the process of electronically
336	designating, including by touchscreen, or marking with a marking
337	device for tabulation by automatic tabulating equipment or data
338	processing equipment.
339	(4)  "Candidate" means any person to whom any one or more
340	of the following applies:
341	(a)  Any person who seeks to qualify for nomination or
342	election by means of the petitioning process.
343	(b)  Any person who seeks to qualify for election as a
344	write-in candidate.
345	(c)  Any person who receives contributions or makes
346	expenditures, or gives his or her consent for any other person
347	to receive contributions or make expenditures, with a view to
348	bringing about his or her nomination or election to, or
349	retention in, public office.
350	(d)  Any person who appoints a treasurer and designates a
351	primary depository.
352	(e)  Any person who files qualification papers and
353	subscribes to a candidate's oath as required by law.
354
355	However, this definition does not include any candidate for a
356	political party executive committee.
357	(5)  "Department" means the Department of State.
358	(6)  "Division" means the Division of Elections of the
359	Department of State.
360	(7)  "Early voting" means casting a ballot prior to
361	election day at a location designated by the supervisor of
362	elections and depositing the voted ballot in the tabulation
363	system.
364	(8)  "Early voting area" means the area designated by the
365	supervisor of elections at an early voting site at which early
366	voting activities occur including, but not limited to, lines of
367	voters waiting to be processed, the area where voters check in
368	and are processed, and the area where voters cast their ballots.
369	(9)  "Early voting site" means those locations specified in
370	s. 101.657 and is the building in which early voting occurs.
371	(10)(8)  "Election" means any primary election, special
372	primary election, special election, general election, or
373	presidential preference primary election.
374	(11)(9)  "Election board" means the clerk and inspectors
375	appointed to conduct an election.
376	(12)(10)  "Election costs" shall include, but not be
377	limited to, expenditures for all paper supplies such as
378	envelopes, instructions to voters, affidavits, reports, ballot
379	cards, ballot booklets for absentee voters, postage, notices to
380	voters; advertisements for registration book closings, testing
381	of voting equipment, sample ballots, and polling places; forms
382	used to qualify candidates; polling site rental and equipment
383	delivery and pickup; data processing time and supplies; election
384	records retention; and labor costs, including those costs
385	uniquely associated with absentee ballot preparation, poll
386	workers, and election night canvass.
387	(13)(11)  "Elector" is synonymous with the word "voter" or
388	"qualified elector or voter," except where the word is used to
389	describe presidential electors.
390	(14)(12)  "General election" means an election held on the
391	first Tuesday after the first Monday in November in the even-
392	numbered years, for the purpose of filling national, state,
393	county, and district offices and for voting on constitutional
394	amendments not otherwise provided for by law.
395	(15)(13)  "Lists of registered electors" means copies of
396	printed lists of registered electors, computer tapes or disks,
397	or any other device used by the supervisor of elections to
398	maintain voter records.
399	(16)(14)  "Member of the Merchant Marine" means an
400	individual, other than a member of a uniformed service or an
401	individual employed, enrolled, or maintained on the Great Lakes
402	for the inland waterways, who is:
403	(a)  Employed as an officer or crew member of a vessel
404	documented under the laws of the United States, a vessel owned
405	by the United States, or a vessel of foreign-flag registry under
406	charter to or control of the United States; or
407	(b)  Enrolled with the United States for employment or
408	training for employment, or maintained by the United States for
409	emergency relief service, as an officer or crew member of such
410	vessel.
411	(17)(15)  "Minor political party" is any group as defined
412	in this subsection which on January 1 preceding a primary
413	election does not have registered as members 5 percent of the
414	total registered electors of the state. Any group of citizens
415	organized for the general purposes of electing to office
416	qualified persons and determining public issues under the
417	democratic processes of the United States may become a minor
418	political party of this state by filing with the department a
419	certificate showing the name of the organization, the names of
420	its current officers, including the members of its executive
421	committee, and a copy of its constitution or bylaws. It shall be
422	the duty of the minor political party to notify the department
423	of any changes in the filing certificate within 5 days of such
424	changes.
425	(18)(16)  "Newspaper of general circulation" means a
426	newspaper printed in the language most commonly spoken in the
427	area within which it circulates and which is readily available
428	for purchase by all inhabitants in the area of circulation, but
429	does not include a newspaper intended primarily for members of a
430	particular professional or occupational group, a newspaper the
431	primary function of which is to carry legal notices, or a
432	newspaper that is given away primarily to distribute
433	advertising.
434	(19)(17)  "Nominal value" means having a retail value of
435	$10 or less.
436	(20)(18)  "Nonpartisan office" means an office for which a
437	candidate is prohibited from campaigning or qualifying for
438	election or retention in office based on party affiliation.
439	(21)(19)  "Office that serves persons with disabilities"
440	means any state office that takes applications either in person
441	or over the telephone from persons with disabilities for any
442	program, service, or benefit primarily related to their
443	disabilities.
444	(22)(20)  "Overseas voter" means:
445	(a)  Members of the uniformed services while in the active
446	service who are permanent residents of the state and are
447	temporarily residing outside the territorial limits of the
448	United States and the District of Columbia;
449	(b)  Members of the Merchant Marine of the United States
450	who are permanent residents of the state and are temporarily
451	residing outside the territorial limits of the United States and
452	the District of Columbia; and
453	(c)  Other citizens of the United States who are permanent
454	residents of the state and are temporarily residing outside the
455	territorial limits of the United States and the District of
456	Columbia,
457
458	who are qualified and registered to vote as provided by law.
459	(23)(21)  "Overvote" means that the elector marks or
460	designates more names than there are persons to be elected to an
461	office or designates more than one answer to a ballot question,
462	and the tabulator records no vote for the office or question.
463	(24)(22)  "Persons with disabilities" means individuals who
464	have a physical or mental impairment that substantially limits
465	one or more major life activities.
466	(25)(23)  "Polling place" is the building which contains
467	the polling room where ballots are cast.
468	(26)(24)  "Polling room" means the actual room in which
469	ballots are cast on election day and during early voting.
470	(27)(25)  "Primary election" means an election held
471	preceding the general election for the purpose of nominating a
472	party nominee to be voted for in the general election to fill a
473	national, state, county, or district office. The first primary
474	is a nomination or elimination election; the second primary is a
475	nominating election only.
476	(28)(26)  "Provisional ballot" means a conditional ballot,
477	the validity of which is determined by the canvassing board.
478	(29)(27)  "Public assistance" means assistance provided
479	through the food stamp program; the Medicaid program; the
480	Special Supplemental Food Program for Women, Infants, and
481	Children; and the WAGES Program.
482	(30)(28)  "Public office" means any federal, state, county,
483	municipal, school, or other district office or position which is
484	filled by vote of the electors.
485	(31)(29)  "Qualifying educational institution" means any
486	public or private educational institution receiving state
487	financial assistance which has, as its primary mission, the
488	provision of education or training to students who are at least
489	18 years of age, provided such institution has more than 200
490	students enrolled in classes with the institution and provided
491	that the recognized student government organization has
492	requested this designation in writing and has filed the request
493	with the office of the supervisor of elections in the county in
494	which the institution is located.
495	(32)(30)  "Special election" is a special election called
496	for the purpose of voting on a party nominee to fill a vacancy
497	in the national, state, county, or district office.
498	(33)(31)  "Special primary election" is a special
499	nomination election designated by the Governor, called for the
500	purpose of nominating a party nominee to be voted on in a
501	general or special election.
502	(34)(32)  "Supervisor" means the supervisor of elections.
503	(35)(33)  "Tactile input device" means a device that
504	provides information to a voting system by means of a voter
505	touching the device, such as a keyboard, and that complies with
506	the requirements of s. 101.56062(1)(k) and (l).
507	(36)  "Third-party voter registration organization" means
508	any person, entity, or organization soliciting or collecting
509	voter registration applications. A third-party voter
510	registration organization does not include a political party or
511	any person who solely seeks to register to vote or collect voter
512	registration applications from that person's spouse, child, or
513	parent or any person engaged in registering to vote or
514	collecting voter registration applications as an employee or
515	agent of the division, supervisor of elections, Department of
516	Highway Safety and Motor Vehicles, or voter registration agency.
517	(37)(34)  "Undervote" means that the elector does not
518	properly designate any choice for an office or ballot question,
519	and the tabulator records no vote for the office or question.
520	(38)(35)  "Uniformed services" means the Army, Navy, Air
521	Force, Marine Corps, and Coast Guard, the commissioned corps of
522	the Public Health Service, and the commissioned corps of the
523	National Oceanic and Atmospheric Administration.
524	(39)(36)  "Voter interface device" means any device that
525	communicates voting instructions and ballot information to a
526	voter and allows the voter to select and vote for candidates and
527	issues.
528	(40)(37)  "Voter registration agency" means any office that
529	provides public assistance, any office that serves persons with
530	disabilities, any center for independent living, or any public
531	library.
532	(41)(38)  "Voting booth" or "booth" means that booth or
533	enclosure wherein an elector casts his or her ballot for
534	tabulation by an electronic or electromechanical device.
535	(42)(39)  "Voting system" means a method of casting and
536	processing votes that functions wholly or partly by use of
537	electromechanical or electronic apparatus or by use of marksense
538	paper ballots and includes, but is not limited to, the
539	procedures for casting and processing votes and the programs,
540	operating manuals, supplies tabulating cards, printouts, and
541	other software necessary for the system's operation.
542	Section 3.  Section 97.029, Florida Statutes, is created to
543	read:
544	97.029  Attorney's fees and costs.--
545	(1)  An award of attorney's fees and costs shall be made to
546	the prevailing party in any court or administrative proceeding,
547	including any action for injunctive relief, challenging the
548	application, interpretation, or constitutionality of any
549	election or voter registration law.
550	(2)(a)  The term "attorney's fees and costs" means the
551	reasonable and necessary attorney's fees and costs incurred for
552	all preparations, motions, hearings, trials, and appeals in a
553	proceeding.
554	(b)  The term "prevailing party" means the party that has
555	received a final judgment or order in its favor and such
556	judgment or order has not been reversed on appeal or the time
557	for seeking judicial review of the judgment or order has
558	expired. Where an action has been voluntarily dismissed or
559	dismissed pursuant to a settlement of the case, there shall be
560	no prevailing party.
561	(3)  Within 60 days after the date that a party becomes a
562	prevailing party, the attorney for the prevailing party shall
563	submit an itemized affidavit to the court that first conducted
564	the adversarial proceeding in the underlying action or to the
565	Division of Administrative Hearings, which shall assign an
566	administrative law judge in the case of a proceeding pursuant to
567	chapter 120. The affidavit shall detail the nature and extent of
568	the services rendered by the attorney as well as the costs
569	incurred in preparations, motions, hearings, and appeals in the
570	proceeding.
571	(4)  The court or the administrative law judge in the case
572	of a proceeding under chapter 120 shall promptly conduct an
573	evidentiary hearing on the application for an award of
574	attorney's fees and shall issue a judgment or a final order in
575	the case of an administrative law judge. The final order of an
576	administrative law judge is reviewable in accordance with the
577	provisions of s. 120.68. If the court affirms the award of
578	attorney's fees and costs in whole or in part, it may, in its
579	discretion, award additional attorney's fees and costs for the
580	appeal.
581	(5)  No party shall be required to pay an award of
582	attorney's fees and costs pursuant to this section in an amount
583	exceeding $200,000.
584	Section 4.  Section 97.051, Florida Statutes, is amended to
585	read:
586	97.051  Oath upon registering.--A person registering to
587	vote must subscribe to the following oath: "I do solemnly swear
588	(or affirm) that I will protect and defend the Constitution of
589	the United States and the Constitution of the State of Florida,
590	that I am qualified to register as an elector under the
591	Constitution and laws of the State of Florida, and that all
592	information provided in this application is true I am a citizen
593	of the United States and a legal resident of Florida."
594	Section 5.  Section 97.052, Florida Statutes, is amended to
595	read:
596	97.052  Uniform statewide voter registration application.--
597	(1)  The department shall prescribe a uniform statewide
598	voter registration application for use in this state.
599	(a)  The uniform statewide voter registration application
600	must be accepted for any one or more of the following purposes:
601	1.  Initial registration.
602	2.  Change of address.
603	3.  Change of party affiliation.
604	4.  Change of name.
605	5.  Replacement of voter registration identification card.
606	6.  Signature update.
607	(b)  The department is responsible for printing the uniform
608	statewide voter registration application and the voter
609	registration application form prescribed by the Federal Election
610	Assistance Commission pursuant to federal law the National Voter
611	Registration Act of 1993. The applications and forms must be
612	distributed, upon request, to the following:
613	1.  Individuals seeking to register to vote.
614	2.  Individuals or groups conducting voter registration
615	programs. A charge of 1 cent per application shall be assessed
616	on requests for 10,000 or more applications.
617	3.  The Department of Highway Safety and Motor Vehicles.
618	4.  Voter registration agencies.
619	5.  Armed forces recruitment offices.
620	6.  Qualifying educational institutions.
621	7.  Supervisors, who must make the applications and forms
622	available in the following manner:
623	a.  By distributing the applications and forms in their
624	offices to any individual or group.
625	b.  By distributing the applications and forms at other
626	locations designated by each supervisor.
627	c.  By mailing the applications and forms to applicants
628	upon the request of the applicant.
629	(c)  The uniform statewide voter registration application
630	may be reproduced by any private individual or group, provided
631	the reproduced application is in the same format as the
632	application prescribed under this section.
633	(2)  The uniform statewide voter registration application
634	must be designed to elicit the following information from the
635	applicant:
636	(a)  Full name.
637	(b)  Date of birth.
638	(c)  Address of legal residence.
639	(d)  Mailing address, if different.
640	(e)  County of legal residence.
641	(f)  Address of property for which the applicant has been
642	granted a homestead exemption, if any.
643	(f)(g)  Race or ethnicity that best describes the
644	applicant:
645	1.  American Indian or Alaskan Native.
646	2.  Asian or Pacific Islander.
647	3.  Black, not Hispanic.
648	4.  White, not Hispanic.
649	5.  Hispanic.
650	(g)(h)  State or country of birth.
651	(h)(i)  Sex.
652	(i)(j)  Party affiliation.
653	(j)(k)  Whether the applicant needs assistance in voting.
654	(k)(l)  Name and address where last registered.
655	(l)(m)  Last four digits of the applicant's social security
656	number.
657	(m)(n)  Florida driver's license number or the
658	identification number from a Florida identification card issued
659	under s. 322.051.
660	(n)(o)  Telephone number (optional).
661	(o)(p)  Signature of applicant under penalty for false
662	swearing pursuant to s. 104.011, by which the person subscribes
663	to the oath required by s. 3, Art. VI of the State Constitution
664	and s. 97.051, and swears or affirms that the information
665	contained in the registration application is true.
666	(p)(q)  Whether the application is being used for initial
667	registration, to update a voter registration record, or to
668	request a replacement registration identification card.
669	(q)(r)  Whether the applicant is a citizen of the United
670	States by asking the question "Are you a citizen of the United
671	States of America?" and providing boxes for the applicant to
672	check to indicate whether the applicant is or is not a citizen
673	of the United States.
674	(r)(s)  Whether That the applicant has not been convicted
675	of a felony and or, if convicted, has had his or her civil
676	rights restored by including the statement "I affirm I am not a
677	convicted felon, or if I am, my rights relating to voting have
678	been restored" and providing a box for the applicant to check to
679	affirm the statement.
680	(s)(t)  Whether That the applicant has not been adjudicated
681	mentally incapacitated with respect to voting or, if so
682	adjudicated, has had his or her right to vote restored by
683	including the statement "I affirm I have not been adjudicated
684	mentally incapacitated with respect to voting or, if I have, my
685	competency has been restored" and providing a box for the
686	applicant to check to affirm the statement.
687
688	The registration form must be in plain language and designed so
689	that convicted felons whose civil rights have been restored and
690	persons who have been adjudicated mentally incapacitated and
691	have had their voting rights restored are not required to reveal
692	their prior conviction or adjudication.
693	(3)  The uniform statewide voter registration application
694	must also contain:
695	(a)  The oath required by s. 3, Art. VI of the State
696	Constitution and s. 97.051.
697	(b)  A statement specifying each eligibility requirement
698	under s. 97.041.
699	(c)  The penalties provided in s. 104.011 for false
700	swearing in connection with voter registration.
701	(d)  A statement that, if an applicant declines to register
702	to vote, the fact that the applicant has declined to register
703	will remain confidential and may be used only for voter
704	registration purposes.
705	(e)  A statement that informs the applicant who chooses to
706	register to vote or update a voter registration record that the
707	office at which the applicant submits a voter registration
708	application or updates a voter registration record will remain
709	confidential and may be used only for voter registration
710	purposes.
711	(f)  A statement that informs the applicant that any person
712	who has been granted a homestead exemption in this state, and
713	who registers to vote in any precinct other than the one in
714	which the property for which the homestead exemption has been
715	granted, shall have that information forwarded to the property
716	appraiser where such property is located, which may result in
717	the person's homestead exemption being terminated and the person
718	being subject to assessment of back taxes under s. 193.092,
719	unless the homestead granted the exemption is being maintained
720	as the permanent residence of a legal or natural dependent of
721	the owner and the owner resides elsewhere.
722	(f)(g)  A statement informing the applicant that if the
723	form is submitted by mail and the applicant is registering for
724	the first time, the applicant will be required to provide
725	identification prior to voting the first time.
726	(4)  A supervisor may produce a voter registration
727	application that has the supervisor's direct mailing address if
728	the department has reviewed the application and determined that
729	it is substantially the same as the uniform statewide voter
730	registration application.
731	(5)  The voter registration application form prescribed by
732	the Federal Election Assistance Commission pursuant to federal
733	law the National Voter Registration Act of 1993 or the federal
734	postcard application must be accepted as an application for
735	registration in this state if the completed application or
736	postcard application contains the information required by the
737	constitution and laws of this state.
738	Section 6.  Section 97.053, Florida Statutes, is amended to
739	read:
740	97.053  Acceptance of voter registration applications.--
741	(1)  Voter registration applications, changes in
742	registration, and requests for a replacement registration
743	identification card must be accepted in the office of any
744	supervisor, the division, a driver license office, a voter
745	registration agency, or an armed forces recruitment office when
746	hand delivered by the applicant or a third party during the
747	hours that office is open or when mailed.
748	(2)  A completed voter registration application is complete
749	and that contains the information necessary to establish an
750	applicant's eligibility pursuant to s. 97.041 becomes the
751	official voter registration record of that applicant when all
752	information necessary to establish the applicant's eligibility
753	pursuant to s. 97.041 is received by the appropriate supervisor.
754	If the applicant fails to complete his or her voter registration
755	application prior to the date of book closing for an election,
756	then such applicant shall not be eligible to vote in that
757	election.
758	(3)  The registration date for a valid initial voter
759	registration application that has been hand delivered is the
760	date when received by a driver license office, a voter
761	registration agency, an armed forces recruitment office, the
762	division, or the office of any supervisor in the state.
763	(4)  The registration date for a valid initial voter
764	registration application that has been mailed to a driver
765	license office, a voter registration agency, an armed forces
766	recruitment office, the division, or the office of any
767	supervisor in the state and bears a clear postmark is the date
768	of that the postmark. If an initial voter registration
769	application that has been mailed does not bear a postmark or if
770	the postmark is unclear, the registration date is the date the
771	registration is received by any supervisor or the division,
772	unless it is received within 5 days after the closing of the
773	books for an election, excluding Saturdays, Sundays, and legal
774	holidays, in which case the registration date is the book-
775	closing date.
776	(5)(a)  A voter registration application contains all
777	information necessary to establish the applicant's eligibility
778	pursuant to s. 97.041 is complete if it contains:
779	1.  The applicant's name.
780	2.  The applicant's legal residence address.
781	3.  The applicant's date of birth.
782	4.  A mark in the checkbox affirming An indication that the
783	applicant is a citizen of the United States.
784	5.  The applicant's Florida driver's license number, the
785	identification number from a Florida identification card issued
786	under s. 322.051, or the last four digits of the applicant's
787	social security number.
788	6.  A mark in the checkbox affirming An indication that the
789	applicant has not been convicted of a felony or that, if
790	convicted, has had his or her civil rights restored.
791	7.  A mark in the checkbox affirming An indication that the
792	applicant has not been adjudicated mentally incapacitated with
793	respect to voting or that, if so adjudicated, has had his or her
794	right to vote restored.
795	8.  The original signature of the applicant swearing or
796	affirming under the penalty for false swearing pursuant to s.
797	104.011 that the information contained in the registration
798	application is true and subscribing to the oath required by s.
799	3, Art. VI of the State Constitution and s. 97.051.
800	(b)  An applicant who fails to designate party affiliation
801	must be registered without party affiliation. The supervisor
802	must notify the voter by mail that the voter has been registered
803	without party affiliation and that the voter may change party
804	affiliation as provided in s. 97.1031.
805	Section 7.  Section 97.055, Florida Statutes, is amended to
806	read:
807	97.055  Registration books; when closed for an election.--
808	(1)  The registration books must be closed on the 29th day
809	before each election and must remain closed until after that
810	election. If an election is called and there are fewer than 29
811	days before that election, the registration books must be closed
812	immediately. When the registration books are closed for an
813	election, only updates to a voter's name, address, and signature
814	pursuant to ss. 98.077 and 101.045 will be permitted for
815	purposes of the upcoming election. Voter registration
816	applications and party changes must be accepted but only for the
817	purpose of subsequent elections. However, party changes received
818	between the book-closing date of the first primary election and
819	the date of the second primary election are not effective until
820	after the second primary election.
821	(2)  In computing the 29-day period for the closing of the
822	registration books, the day of the election is excluded and all
823	other days are included. If the 29th day preceding an election
824	falls on a Sunday or a legal holiday, the registration books
825	must be closed on the next day that is not a Sunday or a legal
826	holiday.
827	Section 8.  Section 97.0575, Florida Statutes, is created
828	to read:
829	97.0575  Third-party voter registrations.--
830	(1)  Prior to engaging in any voter registration
831	activities, a third-party voter registration organization shall
832	name a registered agent in the state and submit to the division,
833	in a form adopted by the division, the name of the registered
834	agent and the name of those individuals responsible for the day-
835	to-day operation of the third-party voter registration
836	organization including, if applicable, the names of the entity's
837	board of directors, president, vice president, managing partner,
838	or such other persons engaged in similar duties or functions. By
839	no later than the 15th day after the end of each calendar
840	quarter, each third-party voter registration organization shall
841	submit to the division a report providing the date and location
842	of any organized voter registration drives conducted by the
843	organization in the prior calendar quarter.
844	(2)  The failure to submit the information required by
845	subsection (1) shall not subject the third-party voter
846	registration organization to any civil or criminal penalties for
847	such failure nor shall the failure to submit such information be
848	a basis to deny such third-party voter registration organization
849	with copies of voter registration application forms.
850	(3)  A third-party voter registration organization that
851	collects voter registration applications serves as a fiduciary
852	to the applicant, ensuring that any voter registration
853	application entrusted to the third-party voter registration
854	organization, irrespective of party affiliation, race,
855	ethnicity, or gender, shall be promptly delivered to the
856	division or the supervisor of elections. If a voter registration
857	application collected by any third-party voter registration
858	organization is not delivered to the division or supervisor of
859	elections, then the individual collecting the voter registration
860	application, the registered agent, and those individuals
861	responsible for the day-to-day operation of the third-party
862	voter registration organization including, if applicable, the
863	entity's board of directors, president, vice president, managing
864	partner, or such other individuals engaged in similar duties or
865	functions, shall each be personally and jointly and severally
866	liable for the following fines:
867	(a)  A fine in the amount of $250 per application received
868	by the division or the supervisor of elections more than 10 days
869	after the applicant delivered the completed voter registration
870	application to the third-party voter registration organization
871	or any person, entity, or agent acting on its behalf.
872	(b)  A fine in the amount of $500 per application collected
873	by any third-party voter registration organization or any
874	person, entity, or agent acting on its behalf, prior to book
875	closing for any given election for federal or state office and
876	submitted to the division or the supervisor of elections after
877	the book closing deadline for such election.
878	(c)  A fine in the amount of $5,000 per application
879	collected by the third-party voter registration organization or
880	any person, entity, or agent acting on its behalf and not
881	submitted to the division or supervisor of elections.
882
883	Any person claiming to have been registered by a third-party
884	voter registration organization who does not appear as an active
885	voter on the voter registration rolls shall be presented with a
886	form adopted by the division to elicit additional information
887	regarding the facts and circumstances surrounding the soliciting
888	of the voter registration application. Any violation of this
889	section may be investigated by the division, and civil fines
890	shall be assessed by the division and enforced through any
891	appropriate legal proceedings. The civil fines contained herein
892	shall be in addition to any applicable criminal penalties. If
893	the third-party voter registration organization has complied
894	with the provisions of subsection (1), then the amount of the
895	fines imposed pursuant to this subsection shall be reduced by
896	three-fourths. The date on which the voter registration
897	application is signed by the applicant shall be presumed to be
898	the date on which the third-party voter registration
899	organization received or collected the voter registration
900	application.
901	(4)  The amount of fines collected by the division pursuant
902	to this section shall be set aside by the division in a trust
903	fund administered by the department to be used for enforcement
904	of this section and for voter education.
905	(5)  The division may adopt rules as necessary to implement
906	this section.
907	Section 9.  Subsection (3) of section 98.045, Florida
908	Statutes, is amended to read:
909	98.045  Administration of voter registration.--
910	(3)  Notwithstanding the provisions of s. ss. 98.095 and
911	98.0977, each supervisor shall maintain for at least 2 years,
912	and make available for public inspection and copying, all
913	records concerning implementation of registration list
914	maintenance programs and activities conducted pursuant to ss.
915	98.065, 98.075, and 98.0977. The records must include lists of
916	the name and address of each person to whom an address
917	confirmation final notice was sent and information as to whether
918	each such person responded to the mailing, but may not include
919	any information that is confidential or exempt from public
920	records requirements under this code.
921	Section 10.  Section 98.077, Florida Statutes, is amended
922	to read:
923	98.077  Update of voter signature.--The supervisor of
924	elections shall provide to each registered voter of the county
925	the opportunity to update his or her signature on file at the
926	supervisor's office by providing notification of the ability to
927	do so in any correspondence, other than postcard notifications,
928	sent to the voter. The notice shall advise when, where, and how
929	to update the signature and shall provide the voter information
930	on how to obtain a form from the supervisor that can be returned
931	to update the signature. In addition, at least once during each
932	general election year, the supervisor shall publish in a
933	newspaper of general circulation or other newspaper in the
934	county deemed appropriate by the supervisor a notice specifying
935	when, where, or how a voter can update his or her signature that
936	is on file or how a voter can obtain a form from the supervisor
937	to do so. All signature updates for use in verifying absentee
938	and provisional ballots shall be received by the appropriate
939	supervisor of elections no later than 5 p.m. of the fifth day
940	prior to the election. The signature on file at 5 p.m. on the
941	fifth day before the election is the signature that shall be
942	used in verifying the signature on the absentee and provisional
943	ballot certificates.
944	Section 11.  Section 99.061, Florida Statutes, is amended
945	to read:
946	99.061  Method of qualifying for nomination or election to
947	federal, state, county, or district office.--
948	(1)  The provisions of any special act to the contrary
949	notwithstanding, each person seeking to qualify for nomination
950	or election to a federal, state, or multicounty district office,
951	other than election to a judicial office as defined in chapter
952	105 or the office of school board member, shall file his or her
953	qualification papers with, and pay the qualifying fee, which
954	shall consist of the filing fee and election assessment, and
955	party assessment, if any has been levied, to, the Department of
956	State, or qualify by the petition process pursuant to s. 99.095
957	alternative method with the Department of State, at any time
958	after noon of the 1st day for qualifying, which shall be as
959	follows: the 120th day prior to the first primary, but not later
960	than noon of the 116th day prior to the date of the first
961	primary, for persons seeking to qualify for nomination or
962	election to federal office; and noon of the 50th day prior to
963	the first primary, but not later than noon of the 46th day prior
964	to the date of the first primary, for persons seeking to qualify
965	for nomination or election to a state or multicounty district
966	office.
967	(2)  The provisions of any special act to the contrary
968	notwithstanding, each person seeking to qualify for nomination
969	or election to a county office, or district or special district
970	office not covered by subsection (1), shall file his or her
971	qualification papers with, and pay the qualifying fee, which
972	shall consist of the filing fee and election assessment, and
973	party assessment, if any has been levied, to, the supervisor of
974	elections of the county, or shall qualify by the petition
975	process pursuant to s. 99.095 alternative method with the
976	supervisor of elections, at any time after noon of the 1st day
977	for qualifying, which shall be the 50th day prior to the first
978	primary or special district election, but not later than noon of
979	the 46th day prior to the date of the first primary or special
980	district election. However, if a special district election is
981	held at the same time as the second primary or general election,
982	qualifying shall be the 50th day prior to the first primary, but
983	not later than noon of the 46th day prior to the date of the
984	first primary. Within 30 days after the closing of qualifying
985	time, the supervisor of elections shall remit to the secretary
986	of the state executive committee of the political party to which
987	the candidate belongs the amount of the filing fee, two-thirds
988	of which shall be used to promote the candidacy of candidates
989	for county offices and the candidacy of members of the
990	Legislature.
991	(3)(a)  Each person seeking to qualify for election to
992	office as a write-in candidate shall file his or her
993	qualification papers with the respective qualifying officer at
994	any time after noon of the 1st day for qualifying, but not later
995	than noon of the last day of the qualifying period for the
996	office sought.
997	(b)  Any person who is seeking election as a write-in
998	candidate shall not be required to pay a filing fee, election
999	assessment, or party assessment. A write-in candidate shall not
1000	be entitled to have his or her name printed on any ballot;
1001	however, space for the write-in candidate's name to be written
1002	in shall be provided on the general election ballot. No person
1003	may qualify as a write-in candidate if the person has also
1004	otherwise qualified for nomination or election to such office.
1005	(4)  At the time of qualifying for office, each candidate
1006	for a constitutional office shall file a full and public
1007	disclosure of financial interests pursuant to s. 8, Art. II of
1008	the State Constitution, and a candidate for any other office,
1009	including local elective office, shall file a statement of
1010	financial interests pursuant to s. 112.3145 if no current
1011	statement is already filed.
1012	(5)  The Department of State shall certify to the
1013	supervisor of elections, within 7 days after the closing date
1014	for qualifying, the names of all duly qualified candidates for
1015	nomination or election who have qualified with the Department of
1016	State.
1017	(6)  Notwithstanding the qualifying period prescribed in
1018	this section, if a candidate has submitted the necessary
1019	petitions by the required deadline in order to qualify by the
1020	petition process pursuant to s. 99.095 alternative method as a
1021	candidate for nomination or election and the candidate is
1022	notified after the 5th day prior to the last day for qualifying
1023	that the required number of signatures has been obtained, the
1024	candidate is entitled to subscribe to the candidate's oath and
1025	file the qualifying papers at any time within 5 days from the
1026	date the candidate is notified that the necessary number of
1027	signatures has been obtained. Any candidate who qualifies within
1028	the time prescribed in this subsection is entitled to have his
1029	or her name printed on the ballot.
1030	(7)(a)  In order for a candidate to be qualified, the
1031	following items must be received by the filing officer by the
1032	end of the qualifying period:
1033	1.  A properly executed check drawn upon the candidate's
1034	campaign account in an amount not less than the fee required by
1035	s. 99.092 or, in lieu thereof, as applicable, the copy of the
1036	notice of obtaining ballot position pursuant to s. 99.095 or the
1037	undue burden oath authorized pursuant to s. 99.0955 or s.
1038	99.096. If a candidate's check is returned by the bank for any
1039	reason, the filing officer shall immediately notify the
1040	candidate and the candidate shall, the end of qualifying
1041	notwithstanding, have 48 hours from the time such notification
1042	is received, excluding Saturdays, Sundays, and legal holidays,
1043	to pay the fee with a cashier's check purchased from funds of
1044	the campaign account. Failure to pay the fee as provided in this
1045	subparagraph shall disqualify the candidate.
1046	2.  The candidate's oath required by s. 99.021, which must
1047	contain the name of the candidate as it is to appear on the
1048	ballot; the office sought, including the district or group
1049	number if applicable; and the signature of the candidate, duly
1050	acknowledged.
1051	3.  The loyalty oath required by s. 876.05, signed by the
1052	candidate and duly acknowledged.
1053	4.  If the office sought is partisan, the written statement
1054	of political party affiliation required by s. 99.021(1)(b).
1055	5.  The completed form for the appointment of campaign
1056	treasurer and designation of campaign depository, as required by
1057	s. 106.021.
1058	6.  The full and public disclosure or statement of
1059	financial interests required by subsection (4). A public officer
1060	who has filed the full and public disclosure or statement of
1061	financial interests with the Commission on Ethics or the
1062	supervisor of elections prior to qualifying for office may file
1063	a copy of that disclosure at the time of qualifying.
1064	(b)  If the filing officer receives qualifying papers that
1065	do not include all items as required by paragraph (a) prior to
1066	the last day of qualifying, the filing officer shall make a
1067	reasonable effort to notify the candidate of the missing or
1068	incomplete items and shall inform the candidate that all
1069	required items must be received by the close of qualifying. A
1070	candidate's name as it is to appear on the ballot may not be
1071	changed after the end of qualifying.
1072	(8)  Notwithstanding the qualifying period prescribed in
1073	this section, a qualifying officer may accept and hold
1074	qualifying papers submitted not earlier than 14 days prior to
1075	the beginning of the qualifying period to be processed and filed
1076	during the qualifying period.
1077	(9)(8)  Notwithstanding the qualifying period prescribed by
1078	this section, in each year in which the Legislature apportions
1079	the state, the qualifying period for persons seeking to qualify
1080	for nomination or election to federal office shall be between
1081	noon of the 57th day prior to the first primary, but not later
1082	than noon of the 53rd day prior to the first primary.
1083	(10)(9)  The Department of State may prescribe by rule
1084	requirements for filing papers to qualify as a candidate under
1085	this section.
1086	Section 12.  Paragraph (d) of subsection (2) of section
1087	99.063, Florida Statutes, is amended to read:
1088	99.063  Candidates for Governor and Lieutenant Governor.--
1089	(2)  No later than 5 p.m. of the 9th day following the
1090	second primary election, each designated candidate for
1091	Lieutenant Governor shall file with the Department of State:
1092	(d)  The full and public disclosure of financial interests
1093	pursuant to s. 8, Art. II of the State Constitution. A public
1094	officer who has filed the full and public disclosure with the
1095	Commission on Ethics prior to qualifying for office may file a
1096	copy of that disclosure at the time of qualifying.
1097	Section 13.  Subsection (1) of section 99.092, Florida
1098	Statutes, is amended to read:
1099	99.092  Qualifying fee of candidate; notification of
1100	Department of State.--
1101	(1)  Each person seeking to qualify for nomination or
1102	election to any office, except a person seeking to qualify by
1103	the petition process alternative method pursuant to s. 99.095,
1104	s. 99.0955, or s. 99.096 and except a person seeking to qualify
1105	as a write-in candidate, shall pay a qualifying fee, which shall
1106	consist of a filing fee and election assessment, to the officer
1107	with whom the person qualifies, and any party assessment levied,
1108	and shall attach the original or signed duplicate of the receipt
1109	for his or her party assessment or pay the same, in accordance
1110	with the provisions of s. 103.121, at the time of filing his or
1111	her other qualifying papers. The amount of the filing fee is 3
1112	percent of the annual salary of the office. The amount of the
1113	election assessment is 1 percent of the annual salary of the
1114	office sought. The election assessment shall be deposited into
1115	the Elections Commission Trust Fund. The amount of the party
1116	assessment is 2 percent of the annual salary. The annual salary
1117	of the office for purposes of computing the filing fee, election
1118	assessment, and party assessment shall be computed by
1119	multiplying 12 times the monthly salary, excluding any special
1120	qualification pay, authorized for such office as of July 1
1121	immediately preceding the first day of qualifying. No qualifying
1122	fee shall be returned to the candidate unless the candidate
1123	withdraws his or her candidacy before the last date to qualify.
1124	If a candidate dies prior to an election and has not withdrawn
1125	his or her candidacy before the last date to qualify, the
1126	candidate's qualifying fee shall be returned to his or her
1127	designated beneficiary, and, if the filing fee or any portion
1128	thereof has been transferred to the political party of the
1129	candidate, the Secretary of State shall direct the party to
1130	return that portion to the designated beneficiary of the
1131	candidate.
1132	Section 14.  Section 99.095, Florida Statutes, is amended
1133	to read:
1134	(Substantial rewording of section. See
1135	s. 99.095, F.S., for present text.)
1136	99.095  Petition process in lieu of qualifying fee and
1137	party assessment.--
1138	(1)  A person seeking to qualify as a candidate for any
1139	office is not required to pay the qualifying fee or party
1140	assessment required by this chapter if he or she meets the
1141	petition requirements of this section.
1142	(2)(a)  A candidate shall obtain the number of signatures
1143	of voters in the geographical area represented by the office
1144	sought equal to at least 1 percent of the total number of
1145	registered voters of that geographical area, as shown by the
1146	compilation by the department for the last preceding general
1147	election. Signatures may not be obtained until the candidate has
1148	filed the appointment of campaign treasurer and designation of
1149	campaign depository pursuant to s. 106.021.
1150	(b)  The format of the petition shall be prescribed by the
1151	division and shall be used by candidates to reproduce petitions
1152	for circulation. If the candidate is running for an office that
1153	requires a group or district designation, the petition must
1154	indicate that designation, and, if it does not, the signatures
1155	are not valid. A separate petition is required for each
1156	candidate.
1157	(3)  Each petition shall be submitted before noon of the
1158	28th day preceding the first day of the qualifying period for
1159	the office sought to the supervisor of elections of the county
1160	in which such petition was circulated. Each supervisor shall
1161	check the signatures on the petitions to verify their status as
1162	voters in the county, district, or other geographical area
1163	represented by the office sought. No later than the 7th day
1164	before the first day of the qualifying period, the supervisor
1165	shall certify the number of valid signatures.
1166	(4)(a)  Certifications for candidates for federal, state,
1167	or multicounty district office shall be submitted by the
1168	supervisor to the division. The division shall determine whether
1169	the required number of signatures has been obtained and shall
1170	notify the candidate of its determination.
1171	(b)  For candidates for county or district office not
1172	covered by paragraph (a), the supervisor shall determine whether
1173	the required number of signatures has been obtained and shall
1174	notify the candidate of his or her determination.
1175	(5)  If the required number of signatures has been
1176	obtained, the candidate is eligible to qualify pursuant to s.
1177	99.061.
1178	Section 15.  Section 99.0955, Florida Statutes, is amended
1179	to read:
1180	99.0955  Candidates with no party affiliation; name on
1181	general election ballot.--
1182	(1)  Each person seeking to qualify for election as a
1183	candidate with no party affiliation shall file his or her
1184	qualifying qualification papers and pay the qualifying fee or
1185	qualify by the petition process pursuant to s. 99.095,
1186	alternative method prescribed in subsection (3) with the officer
1187	and during the times and under the circumstances prescribed in
1188	s. 99.061. Upon qualifying, the candidate is entitled to have
1189	his or her name placed on the general election ballot.
1190	(2)  The qualifying fee for candidates with no party
1191	affiliation shall consist of a filing fee and an election
1192	assessment as prescribed in s. 99.092. The amount of the filing
1193	fee is 3 percent of the annual salary of the office sought. The
1194	amount of the election assessment is 1 percent of the annual
1195	salary of the office sought. The election assessment shall be
1196	deposited into the Elections Commission Trust Fund. Filing fees
1197	paid to the Department of State shall be deposited into the
1198	General Revenue Fund of the state. Filing fees paid to the
1199	supervisor of elections shall be deposited into the general
1200	revenue fund of the county.
1201	(3)(a)  A candidate with no party affiliation may, in lieu
1202	of paying the qualifying fee, qualify for office by the
1203	alternative method prescribed in this subsection. A candidate
1204	using this petitioning process shall file an oath with the
1205	officer before whom the candidate would qualify for the office
1206	stating that he or she intends to qualify by this alternative
1207	method. If the person is running for an office that requires a
1208	group or district designation, the candidate must indicate the
1209	designation in his or her oath. The oath shall be filed at any
1210	time after the first Tuesday after the first Monday in January
1211	of the year in which the election is held, but before the 21st
1212	day preceding the first day of the qualifying period for the
1213	office sought. The Department of State shall prescribe the form
1214	to be used in administering and filing the oath. Signatures may
1215	not be obtained by a candidate on any petition until the
1216	candidate has filed the oath required in this subsection. Upon
1217	receipt of the written oath from a candidate, the qualifying
1218	officer shall provide the candidate with petition forms in
1219	sufficient numbers to facilitate the gathering of signatures. If
1220	the candidate is running for an office that requires a group or
1221	district designation, the petition must indicate that
1222	designation or the signatures obtained on the petition will not
1223	be counted.
1224	(b)  A candidate shall obtain the signatures of a number of
1225	qualified electors in the geographical entity represented by the
1226	office sought equal to 1 percent of the registered electors of
1227	the geographical entity represented by the office sought, as
1228	shown by the compilation by the Department of State for the
1229	preceding general election.
1230	(c)  Each petition must be submitted before noon of the
1231	21st day preceding the first day of the qualifying period for
1232	the office sought, to the supervisor of elections of the county
1233	for which such petition was circulated. Each supervisor to whom
1234	a petition is submitted shall check the signatures on the
1235	petition to verify their status as electors in the county,
1236	district, or other geographical entity represented by the office
1237	sought. Before the first day for qualifying, the supervisor
1238	shall certify the number shown as registered electors.
1239	(d)1.  Certifications for candidates for federal, state, or
1240	multicounty district office shall be submitted to the Department
1241	of State. The Department of State shall determine whether the
1242	required number of signatures has been obtained for the name of
1243	the candidate to be placed on the ballot and shall notify the
1244	candidate.
1245	2.  For candidates for county or district office not
1246	covered by subparagraph 1., the supervisor of elections shall
1247	determine whether the required number of signatures has been
1248	obtained for the name of the candidate to be placed on the
1249	ballot and shall notify the candidate.
1250	(e)  If the required number of signatures has been
1251	obtained, the candidate shall, during the time prescribed for
1252	qualifying for office, submit a copy of the notice received
1253	under paragraph (d) and file his or her qualifying papers and
1254	the oath prescribed by s. 99.021 with the qualifying officer.
1255	Section 16.  Section 99.096, Florida Statutes, is amended
1256	to read:
1257	99.096  Minor political party candidates; names on
1258	ballot.--
1259	(1)  The executive committee of a minor political party
1260	shall, no later than noon of the third day prior to the first
1261	day of the qualifying period prescribed for federal candidates,
1262	submit to the Department of State a list of federal candidates
1263	nominated by the party to be on the general election ballot. and
1264	No later than noon of the third day prior to the first day of
1265	the qualifying period for state candidates, the executive
1266	committee of a minor political party shall submit to the
1267	Department of State the official list of the state, multicounty,
1268	and county respective candidates nominated by that party to be
1269	on the ballot in the general election to the filing officer for
1270	each of the candidates. The Department of State shall notify the
1271	appropriate supervisors of elections of the name of each minor
1272	party candidate eligible to qualify before such supervisor. The
1273	official list of nominated candidates may not be changed by the
1274	party after having been filed with the filing officers
1275	Department of State, except that candidates who have qualified
1276	may withdraw from the ballot pursuant to the provisions of this
1277	code, and vacancies in nominations may be filled pursuant to s.
1278	100.111.
1279	(2)  Each person seeking to qualify for election as a
1280	candidate of a minor political party shall file his or her
1281	qualifying qualification papers with, and pay the qualifying fee
1282	and, if one has been levied, the party assessment, or qualify by
1283	the petition process pursuant to s. 99.095 alternative method
1284	prescribed in subsection (3), with the officer and at the times
1285	and under the circumstances provided in s. 99.061.
1286	(3)(a)  A minor party candidate may, in lieu of paying the
1287	qualifying fee and party assessment, qualify for office by the
1288	alternative method prescribed in this subsection. A candidate
1289	using this petitioning process shall file an oath with the
1290	officer before whom the candidate would qualify for the office
1291	stating that he or she intends to qualify by this alternative
1292	method. If the person is running for an office that requires a
1293	group or district designation, the candidate must indicate the
1294	designation in his or her oath. The oath must be filed at any
1295	time after the first Tuesday after the first Monday in January
1296	of the year in which the election is held, but before the 21st
1297	day preceding the first day of the qualifying period for the
1298	office sought. The Department of State shall prescribe the form
1299	to be used in administering and filing the oath. Signatures may
1300	not be obtained by a candidate on any petition until the
1301	candidate has filed the oath required in this section. Upon
1302	receipt of the written oath from a candidate, the qualifying
1303	officer shall provide the candidate with petition forms in
1304	sufficient numbers to facilitate the gathering of signatures. If
1305	the candidate is running for an office that requires a group or
1306	district designation, the petition must indicate that
1307	designation or the signatures on such petition will not be
1308	counted.
1309	(b)  A candidate shall obtain the signatures of a number of
1310	qualified electors in the geographical entity represented by the
1311	office sought equal to 1 percent of the registered electors in
1312	the geographical entity represented by the office sought, as
1313	shown by the compilation by the Department of State for the last
1314	preceding general election.
1315	(c)  Each petition shall be submitted prior to noon of the
1316	21st day preceding the first day of the qualifying period for
1317	the office sought to the supervisor of elections of the county
1318	for which the petition was circulated. Each supervisor to whom a
1319	petition is submitted shall check the signatures on the petition
1320	to verify their status as electors in the county, district, or
1321	other geographical entity represented by the office sought.
1322	Before the first day for qualifying, the supervisor shall
1323	certify the number shown as registered electors.
1324	(d)1.  Certifications for candidates for federal, state, or
1325	multicounty district office shall be submitted to the Department
1326	of State. The Department of State shall determine whether the
1327	required number of signatures has been obtained for the name of
1328	the candidate to be placed on the ballot and shall notify the
1329	candidate.
1330	2.  For candidates for county or district office not
1331	covered by subparagraph 1., the supervisor of elections shall
1332	determine whether the required number of signatures has been
1333	obtained for the name of the candidate to be placed on the
1334	ballot and shall notify the candidate.
1335	(e)  If the required number of signatures has been
1336	obtained, the candidate shall, during the prescribed time for
1337	qualifying for office, submit a copy of the notice received
1338	under paragraph (d) and file his or her qualifying papers and
1339	the oath prescribed by s. 99.021 with the qualifying officer.
1340	(4)  A minor party candidate whose name has been submitted
1341	pursuant to subsection (1) and who has qualified for office is
1342	entitled to have his or her name placed on the general election
1343	ballot.
1344	Section 17.  Subsection (1) of section 99.09651, Florida
1345	Statutes, is amended to read:
1346	99.09651  Signature requirements for ballot position in
1347	year of apportionment.--
1348	(1)  In a year of apportionment, any candidate for
1349	representative to Congress, state Senate, or state House of
1350	Representatives seeking ballot position by the petition process
1351	alternative method prescribed in s. 99.095, s. 99.0955, or s.
1352	99.096 shall obtain at least the number of signatures equal to
1353	one-third of 1 percent of the ideal population for the district
1354	of the office being sought.
1355	Section 18.  Subsection (1) of section 100.011, Florida
1356	Statutes, is amended to read:
1357	100.011  Opening and closing of polls, all elections;
1358	expenses.--
1359	(1)  The polls shall be open at the voting places at 7:00
1360	a.m., on the day of the election, and shall be kept open until
1361	7:00 p.m., of the same day, and the time shall be regulated by
1362	the customary time in standard use in the county seat of the
1363	locality. The inspectors shall make public proclamation of the
1364	opening and closing of the polls. During the election and
1365	canvass of the votes, the ballot box shall not be concealed. Any
1366	elector in line at the official closing of the polls shall be
1367	allowed to cast a vote in the election.
1368	Section 19.  Subsection (5) of section 100.101, Florida
1369	Statutes, is amended to read:
1370	100.101  Special elections and special primary
1371	elections.--Except as provided in s. 100.111(2), a special
1372	election or special primary election shall be held in the
1373	following cases:
1374	(5)  If a vacancy occurs in nomination.
1375	Section 20.  Paragraph (c) of subsection (3) and
1376	subsections (4) and (6) of section 100.111, Florida Statutes,
1377	are amended to read:
1378	100.111  Filling vacancy.--
1379	(3)  Whenever there is a vacancy for which a special
1380	election is required pursuant to s. 100.101(1)-(4), the
1381	Governor, after consultation with the Secretary of State, shall
1382	fix the date of a special first primary election, a special
1383	second primary election, and a special election. Nominees of
1384	political parties other than minor political parties shall be
1385	chosen under the primary laws of this state in the special
1386	primary elections to become candidates in the special election.
1387	Prior to setting the special election dates, the Governor shall
1388	consider any upcoming elections in the jurisdiction where the
1389	special election will be held. The dates fixed by the Governor
1390	shall be specific days certain and shall not be established by
1391	the happening of a condition or stated in the alternative. The
1392	dates fixed shall provide a minimum of 2 weeks between each
1393	election. In the event a vacancy occurs in the office of state
1394	senator or member of the House of Representatives when the
1395	Legislature is in regular legislative session, the minimum times
1396	prescribed by this subsection may be waived upon concurrence of
1397	the Governor, the Speaker of the House of Representatives, and
1398	the President of the Senate. If a vacancy occurs in the office
1399	of state senator and no session of the Legislature is scheduled
1400	to be held prior to the next general election, the Governor may
1401	fix the dates for any special primary and for the special
1402	election to coincide with the dates of the first and second
1403	primary and general election. If a vacancy in office occurs in
1404	any district in the state Senate or House of Representatives or
1405	in any congressional district, and no session of the
1406	Legislature, or session of Congress if the vacancy is in a
1407	congressional district, is scheduled to be held during the
1408	unexpired portion of the term, the Governor is not required to
1409	call a special election to fill such vacancy.
1410	(c)  The dates for a candidate to qualify by the petition
1411	process alternative method in such special primary or special
1412	election shall be fixed by the Department of State. In fixing
1413	such dates the Department of State shall take into consideration
1414	and be governed by the practical time limitations. Any candidate
1415	seeking to qualify by the petition process alternative method in
1416	a special primary election shall obtain 25 percent of the
1417	signatures required by s. 99.095, s. 99.0955, or s. 99.096, as
1418	applicable.
1419	(4)(a)  In the event that death, resignation, withdrawal,
1420	removal, or any other cause or event should cause a party to
1421	have a vacancy in nomination which leaves no candidate for an
1422	office from such party, the Governor shall, after conferring
1423	with the Secretary of State, call a special primary election
1424	and, if necessary, a second special primary election to select
1425	for such office a nominee of such political party. The dates on
1426	which candidates may qualify for such special primary election
1427	shall be fixed by the Department of State, and the candidates
1428	shall qualify no later than noon of the last day so fixed. The
1429	filing of campaign expense statements by candidates in special
1430	primaries shall not be later than such dates as shall be fixed
1431	by the Department of State. In fixing such dates, the Department
1432	of State shall take into consideration and be governed by the
1433	practical time limitations. The qualifying fees and party
1434	assessment of such candidates as may qualify shall be the same
1435	as collected for the same office at the last previous primary
1436	for that office. Each county canvassing board shall make as
1437	speedy a return of the results of such primaries as time will
1438	permit, and the Elections Canvassing Commission shall likewise
1439	make as speedy a canvass and declaration of the nominees as time
1440	will permit.
1441	(b)  If the vacancy in nomination occurs later than
1442	September 15, or if the vacancy in nomination occurs with
1443	respect to a candidate of a minor political party which has
1444	obtained a position on the ballot, no special primary election
1445	shall be held and the Department of State shall notify the chair
1446	of the appropriate state, district, or county political party
1447	executive committee of such party; and, within 5 7 days, the
1448	chair shall call a meeting of his or her executive committee to
1449	consider designation of a nominee to fill the vacancy. The name
1450	of any person so designated shall be submitted to the Department
1451	of State within 7 14 days of notice to the chair in order that
1452	the person designated may have his or her name printed or
1453	otherwise placed on the ballot of the ensuing general election,
1454	but in no event shall the supervisor of elections be required to
1455	place on a ballot a name submitted less than 21 days prior to
1456	the election. However, if the name of the new nominee is
1457	submitted after the certification of results of the preceding
1458	primary election, the ballots shall not be changed and vacancy
1459	occurs less than 21 days prior to the election, the person
1460	designated by the political party will replace the former party
1461	nominee even though the former party nominee's name will appear
1462	be on the ballot. Any ballots cast for the former party nominee
1463	will be counted for the person designated by the political party
1464	to replace the former party nominee. If there is no opposition
1465	to the party nominee, the person designated by the political
1466	party to replace the former party nominee will be elected to
1467	office at the general election. For purposes of this paragraph,
1468	the term "district political party executive committee" means
1469	the members of the state executive committee of a political
1470	party from those counties comprising the area involving a
1471	district office.
1472	(b)(c)  When, under the circumstances set forth in the
1473	preceding paragraph, vacancies in nomination are required to be
1474	filled by committee nominations, such vacancies shall be filled
1475	by party rule. In any instance in which a nominee is selected by
1476	a committee to fill a vacancy in nomination, such nominee shall
1477	pay the same filing fee and take the same oath as the nominee
1478	would have taken had he or she regularly qualified for election
1479	to such office.
1480	(d)  Any person who, at the close of qualifying as
1481	prescribed in ss. 99.061 and 105.031, was qualified for
1482	nomination or election to or retention in a public office to be
1483	filled at the ensuing general election is prohibited from
1484	qualifying as a candidate to fill a vacancy in nomination for
1485	any other office to be filled at that general election, even if
1486	such person has withdrawn or been eliminated as a candidate for
1487	the original office sought. However, this paragraph does not
1488	apply to a candidate for the office of Lieutenant Governor who
1489	applies to fill a vacancy in nomination for the office of
1490	Governor on the same ticket or to a person who has withdrawn or
1491	been eliminated as a candidate and who is subsequently
1492	designated as a candidate for Lieutenant Governor under s.
1493	99.063.
1494	(6)  In the event that a vacancy occurs which leaves less
1495	than 4 weeks for a candidate seeking to qualify by the
1496	alternative method to gather signatures for ballot position, the
1497	number of signatures required for ballot placement shall be 25
1498	percent of the number of signatures required by s. 99.095, s.
1499	99.0955, or s. 99.096, whichever is applicable.
1500	Section 21.  Subsections (1) and (2) of section 100.141,
1501	Florida Statutes, are amended to read:
1502	100.141  Notice of special election to fill any vacancy in
1503	office or nomination.--
1504	(1)  Whenever a special election is required to fill any
1505	vacancy in office or nomination, the Governor, after
1506	consultation with the Secretary of State, shall issue an order
1507	declaring on what day the election shall be held and deliver the
1508	order to the Department of State.
1509	(2)  The Department of State shall prepare a notice stating
1510	what offices and vacancies are to be filled in the special
1511	election, the date set for each special primary election and the
1512	special election, the dates fixed for qualifying for office, the
1513	dates fixed for qualifying by the petition process alternative
1514	method, and the dates fixed for filing campaign expense
1515	statements.
1516	Section 22.  Section 101.031, Florida Statutes, is amended
1517	to read:
1518	101.031  Instructions for electors.--
1519	(2)  The supervisor of elections in each county shall have
1520	posted at each polling place in the county the Voter's Bill of
1521	Rights and Responsibilities in the following form:
1522
1523	VOTER'S BILL OF RIGHTS
1524
1525	Each registered voter in this state has the right to:
1526	1.  Vote and have his or her vote accurately counted.
1527	2.  Cast a vote if he or she is in line at the official
1528	closing of the polls in that county.
1529	3.  Ask for and receive assistance in voting.
1530	4.  Receive up to two replacement ballots if he or she
1531	makes a mistake prior to the ballot being cast.
1532	5.  An explanation if his or her registration is in
1533	question.
1534	6.  If his or her registration or identity is in question,
1535	cast a provisional ballot.
1536	7.  Prove his or her identity by signing an affidavit if
1537	election officials doubt the voter's identity.
1538	7.8.  Written instructions to use when voting, and, upon
1539	request, oral instructions in voting from elections officers.
1540	8.9.  Vote free from coercion or intimidation by elections
1541	officers or any other person.
1542	9.10.  Vote on a voting system that is in working condition
1543	and that will allow votes to be accurately cast.
1544
1545	VOTER RESPONSIBILITIES
1546
1547	Each registered voter in this state should:
1548	1.  Familiarize himself or herself with the candidates and
1549	issues.
1550	2.  Maintain with the office of the supervisor of elections
1551	a current address.
1552	3.  Know the location of his or her polling place and its
1553	hours of operation.
1554	4.  Bring proper identification to the polling station.
1555	5.  Familiarize himself or herself with the operation of
1556	the voting equipment in his or her precinct.
1557	6.  Treat precinct workers with courtesy.
1558	7.  Respect the privacy of other voters.
1559	8.  Report any problems or violations of election laws to
1560	the supervisor of elections.
1561	9.  Ask questions, if needed.
1562	10.  Make sure that his or her completed ballot is correct
1563	before leaving the polling station.
1564
1565	NOTE TO VOTER: Failure to perform any of these responsibilities
1566	does not prohibit a voter from voting.
1567	Section 23.  Subsections (2) and (3) of section 101.043,
1568	Florida Statutes, are amended to read:
1569	101.043  Identification required at polls.--
1570	(2)  Except as provided in subsection (3), if the elector
1571	fails to furnish the required identification, or if the clerk or
1572	inspector is in doubt as to the identity of the elector, such
1573	clerk or inspector shall follow the procedure prescribed in s.
1574	101.49.
1575	(3)  If the elector who fails to furnish the required
1576	identification is a first-time voter who registered by mail and
1577	has not provided the required identification to the supervisor
1578	of elections prior to election day, the elector shall be allowed
1579	to vote a provisional ballot. The canvassing board shall
1580	determine the validity of the ballot pursuant to s. 101.048(2).
1581	Section 24.  Section 101.048, Florida Statutes, is amended
1582	to read:
1583	101.048  Provisional ballots.--
1584	(1)  At all elections, a voter claiming to be properly
1585	registered in the county and eligible to vote at the precinct in
1586	the election, but whose eligibility cannot be determined, a
1587	person who an election official asserts is not eligible and
1588	other persons specified in the code shall be entitled to vote a
1589	provisional ballot. Once voted, the provisional ballot shall be
1590	placed in a secrecy envelope and thereafter sealed in a
1591	provisional ballot envelope. The provisional ballot shall be
1592	deposited in a ballot box. All provisional ballots shall remain
1593	sealed in their envelopes for return to the supervisor of
1594	elections. The department shall prescribe the form of the
1595	provisional ballot envelope. A person casting a provisional
1596	ballot shall have the right to present written evidence
1597	supporting his or her eligibility to vote to the supervisor of
1598	elections by not later than 5 p.m. on the third day following
1599	the election.
1600	(2)(a)  The county canvassing board shall examine each
1601	Provisional Ballot Voter's Certificate and Affirmation envelope
1602	to determine if the person voting that ballot was entitled to
1603	vote at the precinct where the person cast a vote in the
1604	election and that the person had not already cast a ballot in
1605	the election. In determining whether a person casting a
1606	provisional ballot is entitled to vote, the county canvassing
1607	board shall review the information provided on the Voter's
1608	Certificate and Affirmation, written evidence provided by the
1609	person casting the provisional ballot pursuant to subsection
1610	(1), any other evidence presented by the supervisor of
1611	elections, and, in the case of a challenge, any evidence
1612	presented by the challenger. A ballot of a person casting a
1613	provisional ballot shall be counted unless, by a preponderance
1614	of the evidence, the canvassing board determines that the person
1615	was not entitled to vote.
1616	(b)1.  If it is determined that the person was registered
1617	and entitled to vote at the precinct where the person cast a
1618	vote in the election, the canvassing board shall compare the
1619	signature on the Provisional Ballot Voter's Certificate and
1620	Affirmation envelope with the signature on the voter's
1621	registration and, if it matches, shall count the ballot.
1622	2.  If it is determined that the person voting the
1623	provisional ballot was not registered or entitled to vote at the
1624	precinct where the person cast a vote in the election, the
1625	provisional ballot shall not be counted and the ballot shall
1626	remain in the envelope containing the Provisional Ballot Voter's
1627	Certificate and Affirmation and the envelope shall be marked
1628	"Rejected as Illegal."
1629	(3)  The Provisional Ballot Voter's Certificate and
1630	Affirmation shall be in substantially the following form:
1631
1632	STATE OF FLORIDA
1633	COUNTY OF _____
1634
1635	I do solemnly swear (or affirm) that my name is _____; that
1636	my date of birth is _____; that I am registered and qualified to
1637	vote and at the time I registered I resided at _____, in the
1638	municipality of _____, in _____ County, Florida; that I am
1639	registered in the _____ Party; that I am a qualified voter of
1640	the county; and that I have not voted in this election. I
1641	understand that if I commit any fraud in connection with voting,
1642	vote a fraudulent ballot, or vote more than once in an election,
1643	I can be convicted of a felony of the third degree and fined up
1644	to $5,000 and/or imprisoned for up to 5 years.
1645	(Signature of Voter)
1646	(Current Residence Address)
1647	(Current Mailing Address)
1648	(City, State, Zip Code)
1649	(Driver's License Number or Last Four Digits of Social
1650	Security Number)
1651
1652	Sworn to and subscribed before me this _____ day of __________,
1653	(year).
1654	(Election Official)
1655
1656	Precinct # _____Ballot Style/Party Issued: _____
1657	(4)  Notwithstanding the requirements of subsections (1)
1658	through (3) In counties where the voting system does not utilize
1659	a paper ballot, the supervisor of elections may, and for persons
1660	with disabilities shall, provide the appropriate provisional
1661	ballot to the voter by electronic means that meet the
1662	requirements of s. 101.56062 as provided for by the certified
1663	voting system. Each person casting a provisional ballot by
1664	electronic means shall, prior to casting his or her ballot,
1665	complete the Provisional Ballot Voter's Certificate and
1666	Affirmation as provided in subsection (3).
1667	(5)  Each person casting a provisional ballot shall be
1668	given written instructions regarding the person's right to
1669	provide the supervisor of elections with written evidence of
1670	their eligibility to vote and the free access system established
1671	pursuant to subsection (6). The instructions shall contain
1672	information on how to access the system and the information the
1673	voter will need to provide to obtain information on his or her
1674	particular ballot. The instructions shall also include the
1675	following statement: "If this is a primary election, you should
1676	contact the supervisor of elections' office immediately to
1677	confirm that you are registered and can vote in the general
1678	election."
1679	(6)  Each supervisor of elections shall establish a free
1680	access system that allows each person who casts a provisional
1681	ballot to determine whether his or her provisional ballot was
1682	counted in the final canvass of votes and, if not, the reasons
1683	why. Information regarding provisional ballots shall be
1684	available no later than 30 days following the election. The
1685	system established must restrict information regarding an
1686	individual ballot to the person who cast the ballot.
1687	Section 25.  Subsection (5) of section 101.049, Florida
1688	Statutes, is amended to read:
1689	101.049  Provisional ballots; special circumstances.--
1690	(5)  As an alternative, provisional ballots cast pursuant
1691	to this section may, and for persons with disabilities shall, be
1692	cast in accordance with the provisions of s. 101.048(4).
1693	Section 26.  Subsection (2) of section 101.051, Florida
1694	Statutes, is amended, subsection (5) is renumbered as subsection
1695	(6), and a new subsection (5) is added to said section, to read:
1696	101.051  Electors seeking assistance in casting ballots;
1697	oath to be executed; forms to be furnished.--
1698	(2)  It is unlawful for any person to be in the voting
1699	booth with any elector except as provided in subsection (1). At
1700	the polling place or early voting site or within 100 feet of the
1701	entrance of such locations, it is unlawful for any person to
1702	solicit any elector in an effort to provide such elector
1703	assistance to vote pursuant to subsection (1). Any person
1704	violating this section commits a felony of the third degree,
1705	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1706	(5)  If an elector needing assistance requests that a
1707	person other than an election official provide him or her
1708	assistance to vote, the clerk or one of the inspectors shall
1709	require the person providing assistance to take the following
1710	oath:
1711
1712	DECLARATION TO PROVIDE ASSISTANCE
1713
1714	State of Florida
1715	County of __________
1716	Date: ______________
1717	Precinct # __________
1718	I, (print name), have been requested by (print name of elector
1719	needing assistance) to provide him or her with assistance to
1720	vote. I swear or affirm that I am not the employer, an agent of
1721	the employer, or an officer or agent of the union of the voter
1722	and that I have not solicited this voter at the polling place or
1723	early voting site or within 100 feet of such locations in an
1724	effort to provide assistance.
1725	Signature of assistor
1726	Sworn and subscribed to before me this  ________ day of
1727	___________, (year).
1728	Signature of Official Administering Oath
1729	(6)(5)  The supervisor of elections shall deliver a
1730	sufficient number of these forms to each precinct, along with
1731	other election paraphernalia.
1732	Section 27.  Section 101.111, Florida Statutes, is amended
1733	to read:
1734	101.111  Person desiring to vote may be challenged;
1735	challenger to execute oath; oath of person challenged;
1736	determination of challenge.--
1737	(1)  When the right to vote of any person who desires to
1738	vote is challenged by any elector or poll watcher, the challenge
1739	shall be reduced to writing with an oath as provided in this
1740	section, giving reasons for the challenge, which shall be
1741	delivered to the clerk or inspector. Any elector or poll watcher
1742	challenging the right of a person to vote shall execute the oath
1743	set forth below:
1744
1745	OATH OF PERSON ENTERING CHALLENGE
1746
1747	State of Florida
1748	County of _____
1749
1750	I do solemnly swear that my name is _____; that I am a member of
1751	the _____ party; that I am a registered voter or poll watcher
1752	_____ years old; that my residence address is _____, in the
1753	municipality of _____; and that I have reason to believe that
1754	_____ is attempting to vote illegally and the reasons for my
1755	belief are set forth herein to wit:
1756	(Signature of person challenging voter)
1757
1758	Sworn and subscribed to before me this _____ day of _____,
1759	(year)  .
1760	(Clerk of election)
1761	(2)  Before a person who is challenged is permitted to
1762	vote, the challenged person's right to vote shall be determined
1763	in accordance with the provisions of subsection (3). The clerk
1764	or inspector shall immediately deliver to the challenged person
1765	a copy of the oath of the person entering the challenge and the
1766	challenged person shall be allowed to cast a provisional ballot.
1767	shall request the challenged person to execute the following
1768	oath:
1769
1770	OATH OF PERSON CHALLENGED
1771
1772	State of Florida
1773	County of _____
1774
1775	I do solemnly swear that my name is _____; that I am a member of
1776	the _____ party; that my date of birth is _____; that my
1777	residence address is _____, in the municipality of _____, in
1778	this the _____ precinct of _____ county; that I personally made
1779	application for registration and signed my name and that I am a
1780	qualified voter in this election.
1781	(Signature of person)
1782
1783	Sworn and subscribed to before me this _____ day of _____,
1784	(year)  .
1785	(Clerk of election or Inspector)
1786
1787	Any inspector or clerk of election may administer the oath.
1788	(3)(a)  Any elector or poll watcher may challenge the right
1789	of any voter to vote not sooner than 30 days before an election
1790	by filing a completed copy of the oath contained in subsection
1791	(1) to the supervisor of election's office. The challenged voter
1792	shall be permitted to cast a provisional ballot.
1793	(4)  Any elector or poll watcher filing a frivolous
1794	challenge of any person's right to vote commits a misdemeanor of
1795	the first degree, punishable as provided in s. 775.082, s.
1796	775.083, or s. 775.084, provided, however, that electors or poll
1797	watchers shall not be subject to liability for any action taken
1798	in good faith and in furtherance of any activity or duty
1799	permitted of such electors or poll watchers by law. Each
1800	instance where any elector or poll watcher files a frivolous
1801	challenge of any person's right to vote constitutes a separate
1802	offense. The clerk and inspectors shall compare the information
1803	in the challenged person's oath with that entered on the
1804	precinct register and shall take any other evidence that may be
1805	offered. The clerk and inspectors shall then decide by a
1806	majority vote whether the challenged person may vote a regular
1807	ballot.
1808	(b)  If the challenged person refuses to complete the oath
1809	or if a majority of the clerk and inspectors doubt the
1810	eligibility of the person to vote, the challenged person shall
1811	be allowed to vote a provisional ballot. The oath of the person
1812	entering the challenge and the oath of the person challenged
1813	shall be attached to the provisional ballot for transmittal to
1814	the canvassing board.
1815	Section 28.  Section 101.131, Florida Statutes, is amended
1816	to read:
1817	101.131  Watchers at polls.--
1818	(1)  Each political party and each candidate may have one
1819	watcher in each polling room or early voting area at any one
1820	time during the election. A political committee, if formed for
1821	the specific purpose of expressly advocating the passage or
1822	defeat of an issue on the ballot, may have one watcher for each
1823	polling room or early voting area at any one time during the
1824	election. No watcher shall be permitted to come closer to the
1825	officials' table or the voting booths than is reasonably
1826	necessary to properly perform his or her functions, but each
1827	shall be allowed within the polling room or early voting area to
1828	watch and observe the conduct of electors and officials. The
1829	watchers shall furnish their own materials and necessities and
1830	shall not obstruct the orderly conduct of any election and shall
1831	pose any questions regarding polling place procedures directly
1832	to the clerk for resolution. Poll watchers shall not interact
1833	with electors. Each watcher shall be a qualified and registered
1834	elector of the county in which he or she serves.
1835	(2)  Each party, each political committee, and each
1836	candidate requesting to have poll watchers shall designate, in
1837	writing, poll watchers for each polling room on election day
1838	precinct prior to noon of the second Tuesday preceding the
1839	election. Designations of poll watchers for early voting areas
1840	shall be submitted to the supervisor no later than 14 days prior
1841	to the beginning of early voting. The poll watchers for each
1842	polling room precinct shall be approved by the supervisor of
1843	elections on or before the Tuesday before the election and the
1844	poll watchers for early voting areas shall be approved on or
1845	before the 7th day prior to the beginning of early voting. The
1846	supervisor shall furnish to each election board precinct a list
1847	of the poll watchers designated and approved for such polling
1848	room or early voting area precinct.
1849	(3)  No candidate or sheriff, deputy sheriff, police
1850	officer, or other law enforcement officer may be designated as a
1851	poll watcher.
1852	Section 29.  Subsection (1) of section 101.151, Florida
1853	Statutes, is amended to read:
1854	101.151  Specifications for ballots.--
1855	(1)  Marksense Paper ballots shall be printed on paper of
1856	such thickness that the printing cannot be distinguished from
1857	the back and shall meet the specifications of the voting system
1858	that will be used to read the ballots.
1859	Section 30.  Section 101.171, Florida Statutes, is amended
1860	to read:
1861	101.171  Copy of constitutional amendment to be available
1862	at polling locations posted.--Whenever any amendment to the
1863	State Constitution is to be voted upon at any election, the
1864	Department of State shall have printed, and shall furnish to
1865	each supervisor of elections, a sufficient number of copies of
1866	the amendment, either in poster or booklet form, and the
1867	supervisor shall have a copy thereof conspicuously posted or
1868	available at each polling room precinct upon the day of
1869	election.
1870	Section 31.  Subsections (4) and (5) of section 101.294,
1871	Florida Statutes, are added to read:
1872	101.294  Purchase and sale of voting equipment.--
1873	(4)  A vendor of voting equipment may not provide an
1874	uncertified voting system, voting system component, or voting
1875	system upgrade to a governing body or supervisor of elections in
1876	this state.
1877	(5)  Before or in conjunction with providing a voting
1878	system, voting system component, or voting system upgrade, the
1879	vendor shall provide the governing body or supervisor of
1880	elections with a sworn certification that the voting system,
1881	voting system component, or voting system upgrade being provided
1882	has been certified by the Division of Elections.
1883	Section 32.  Section 101.295, Florida Statutes, is amended
1884	to read:
1885	101.295  Penalties for violation.--
1886	(1)  Any member of a governing body which purchases or
1887	sells voting equipment in violation of the provisions of ss.
1888	101.292-101.295, which member knowingly votes to purchase or
1889	sell voting equipment in violation of the provisions of ss.
1890	101.292-101.295, is guilty of a misdemeanor of the first degree,
1891	punishable as provided by s. 775.082 or s. 775.083, and shall be
1892	subject to suspension from office on the grounds of malfeasance.
1893	(2)  Any vendor, chief executive officer, or vendor
1894	representative of voting equipment who provides a voting system,
1895	voting system component, or voting system upgrade in violation
1896	of this chapter commits a felony of the third degree, punishable
1897	as provided in s. 775.082, s. 775.083, or s. 775.084.
1898	Section 33.  Section 101.49, Florida Statutes, is amended
1899	to read:
1900	101.49  Procedure of election officers where signatures
1901	differ.--
1902	(1)  Whenever any clerk or inspector, upon a just
1903	comparison of the signatures, doubts that the signature on the
1904	identification presented by the of any elector who presents
1905	himself or herself at the polls to vote is the same as the
1906	signature of the elector affixed on the precinct register or
1907	early voting certificate in the registration book, the clerk or
1908	inspector shall deliver to the person an affidavit which shall
1909	be in substantially the following form:
1910
1911	STATE OF FLORIDA,
1912	COUNTY OF _____.
1913	I do solemnly swear (or affirm) that my name is _____; that
1914	I am _____ years old; that I was born in the State of _____;
1915	that I am registered to vote, and at the time I registered I
1916	resided on _____ Street, in the municipality of _____, County of
1917	_____, State of Florida; that I am a qualified voter of the
1918	county and state aforesaid and have not voted in this election.
1919	(Signature of voter)
1920	Sworn to and subscribed before me this _____ day of _____,
1921	A. D.   (year)  .
1922	(Clerk or inspector of election)
1923	Precinct No. _____.
1924	County of _____.
1925	(2)  The person shall fill out, in his or her own
1926	handwriting or with assistance from a member of the election
1927	board, the form and make an affidavit to the facts stated in the
1928	filled-in form; such affidavit shall then be sworn to and
1929	subscribed before one of the inspectors or clerks of the
1930	election who is authorized to administer the oath. Whenever the
1931	affidavit is made and filed with the clerk or inspector, the
1932	person shall then be admitted to cast his or her vote, but if
1933	the person fails or refuses to make out or file such affidavit
1934	but asserts his or her eligibility, then he or she shall be
1935	entitled to vote a provisional ballot not be permitted to vote.
1936	Section 34.  Subsection (1) of section 101.51, Florida
1937	Statutes, as amended by chapter 2002-281, Laws of Florida, is
1938	amended to read:
1939	101.51  Electors to occupy booth alone.--
1940	(1)  When the elector presents himself or herself to vote,
1941	the election official shall ascertain whether the elector's name
1942	is upon the register of electors, and, if the elector's name
1943	appears and no challenge interposes, or, if interposed, be not
1944	sustained, one of the election officials stationed at the
1945	entrance shall announce the name of the elector and permit him
1946	or her to enter the booth or compartment to cast his or her
1947	vote, allowing only one elector at a time to pass through to
1948	vote. An elector, while casting his or her ballot, may not
1949	occupy a booth or compartment already occupied or speak with
1950	anyone, except as provided by s. 101.051, while in the voting
1951	booth polling place.
1952	Section 35.  Subsection (4) of section 101.5606, Florida
1953	Statutes, is amended to read:
1954	101.5606  Requirements for approval of systems.--No
1955	electronic or electromechanical voting system shall be approved
1956	by the Department of State unless it is so constructed that:
1957	(4)  For systems using marksense paper ballots, it accepts
1958	a rejected ballot pursuant to subsection (3) if a voter chooses
1959	to cast the ballot, but records no vote for any office that has
1960	been overvoted or undervoted.
1961	Section 36.  Subsections (2) and (3) of section 101.5608,
1962	Florida Statutes, are amended to read:
1963	101.5608  Voting by electronic or electromechanical method;
1964	procedures.--
1965	(2)  When an electronic or electromechanical voting system
1966	utilizes a ballot card or marksense paper ballot, the following
1967	procedures shall be followed:
1968	(a)  After receiving a ballot from an inspector, the
1969	elector shall, without leaving the polling place, retire to a
1970	booth or compartment and mark the ballot. After preparing his or
1971	her ballot, the elector shall place the ballot in a secrecy
1972	envelope with the stub exposed or shall fold over that portion
1973	on which write-in votes may be cast, as instructed, so that the
1974	ballot will be deposited in the ballot box without exposing the
1975	voter's choices. Before the ballot is deposited in the ballot
1976	box, the inspector shall detach the exposed stub and place it in
1977	a separate envelope for audit purposes; when a fold-over ballot
1978	is used, the entire ballot shall be placed in the ballot box.
1979	(b)  Any voter who spoils his or her ballot or makes an
1980	error may return the ballot to the election official and secure
1981	another ballot, except that in no case shall a voter be
1982	furnished more than three ballots. If the vote tabulation device
1983	has rejected a ballot, the ballot shall be considered spoiled
1984	and a new ballot shall be provided to the voter unless the voter
1985	chooses to cast the rejected ballot. The election official,
1986	without examining the original ballot, shall state the possible
1987	reasons for the rejection and shall provide instruction to the
1988	voter pursuant to s. 101.5611. A spoiled ballot shall be
1989	preserved, without examination, in an envelope provided for that
1990	purpose. The stub shall be removed from the ballot and placed in
1991	an envelope.
1992	(c)  The supervisor of elections shall prepare for each
1993	polling place at least one ballot box to contain the ballots of
1994	a particular precinct, and each ballot box shall be plainly
1995	marked with the name of the precinct for which it is intended.
1996	(3)  The Department of State shall promulgate rules
1997	regarding voting procedures to be used when an electronic or
1998	electromechanical voting system is of a type which does not
1999	utilize a ballot card or marksense paper ballot.
2000	Section 37.  Subsection (2) of section 101.5612, Florida
2001	Statutes, is amended to read:
2002	101.5612  Testing of tabulating equipment.--
2003	(2)  On any day not more than 10 days prior to the
2004	commencement of early voting as provided in s. 101.657, the
2005	supervisor of elections shall have the automatic tabulating
2006	equipment publicly tested to ascertain that the equipment will
2007	correctly count the votes cast for all offices and on all
2008	measures. If the ballots to be used at the polling place on
2009	election day are not available at the time of the testing, the
2010	supervisor may conduct an additional test not more than 10 days
2011	prior to election day. Public notice of the time and place of
2012	the test shall be given at least 48 hours prior thereto by
2013	publication once in one or more newspapers of general
2014	circulation in the county or, if there is no newspaper of
2015	general circulation in the county, by posting the notice in at
2016	least four conspicuous places in the county. The supervisor or
2017	the municipal elections official may, at the time of qualifying,
2018	give written notice of the time and location of the public
2019	preelection test to each candidate qualifying with that office
2020	and obtain a signed receipt that the notice has been given. The
2021	Department of State shall give written notice to each statewide
2022	candidate at the time of qualifying, or immediately at the end
2023	of qualifying, that the voting equipment will be tested and
2024	advise each candidate to contact the county supervisor of
2025	elections as to the time and location of the public preelection
2026	test. The supervisor or the municipal elections official shall,
2027	at least 15 days prior to the commencement of early voting as
2028	provided in s. 101.657, send written notice by certified mail to
2029	the county party chair of each political party and to all
2030	candidates for other than statewide office whose names appear on
2031	the ballot in the county and who did not receive written
2032	notification from the supervisor or municipal elections official
2033	at the time of qualifying, stating the time and location of the
2034	public preelection test of the automatic tabulating equipment.
2035	The canvassing board shall convene, and each member of the
2036	canvassing board shall certify to the accuracy of the test. For
2037	the test, the canvassing board may designate one member to
2038	represent it. The test shall be open to representatives of the
2039	political parties, the press, and the public. Each political
2040	party may designate one person with expertise in the computer
2041	field who shall be allowed in the central counting room when all
2042	tests are being conducted and when the official votes are being
2043	counted. The designee shall not interfere with the normal
2044	operation of the canvassing board.
2045	Section 38.  Subsection (5) of section 101.5614, Florida
2046	Statutes, is amended to read:
2047	101.5614  Canvass of returns.--
2048	(5)  If any absentee ballot is physically damaged so that
2049	it cannot properly be counted by the automatic tabulating
2050	equipment, a true duplicate copy shall be made of the damaged
2051	ballot in the presence of witnesses and substituted for the
2052	damaged ballot. Likewise, a duplicate ballot shall be made of an
2053	absentee ballot containing an overvoted race or a marked
2054	absentee ballot in which every race is undervoted which shall
2055	include all valid votes as determined by the canvassing board
2056	based on rules adopted by the division pursuant to s.
2057	102.166(4)(5). All duplicate ballots shall be clearly labeled
2058	"duplicate," bear a serial number which shall be recorded on the
2059	defective ballot, and be counted in lieu of the defective
2060	ballot. After a ballot has been duplicated, the defective ballot
2061	shall be placed in an envelope provided for that purpose, and
2062	the duplicate ballot shall be tallied with the other ballots for
2063	that precinct.
2064	Section 39.  Section 101.572, Florida Statutes, is amended
2065	to read:
2066	101.572  Public inspection of ballots.--The official
2067	ballots and ballot cards received from election boards and
2068	removed from absentee ballot mailing envelopes shall be open for
2069	public inspection or examination while in the custody of the
2070	supervisor of elections or the county canvassing board at any
2071	reasonable time, under reasonable conditions; however, no
2072	persons other than the supervisor of elections or his or her
2073	employees or the county canvassing board shall handle any
2074	official ballot or ballot card. If the ballots are being
2075	examined prior to the end of the contest period in s. 102.168,
2076	the supervisor of elections shall make a reasonable effort to
2077	notify all candidates whose names appear on such ballots or
2078	ballot cards by telephone or otherwise of the time and place of
2079	the inspection or examination. All such candidates, or their
2080	representatives, shall be allowed to be present during the
2081	inspection or examination.
2082	Section 40.  Section 101.58, Florida Statutes, is amended
2083	to read:
2084	101.58  Supervising and observing registration and election
2085	processes.--
2086	(1)  The Department of State may, at any time it deems fit;
2087	upon the petition of 5 percent of the registered electors; or
2088	upon the petition of any candidate, county executive committee
2089	chair, state committeeman or committeewoman, or state executive
2090	committee chair, appoint one or more deputies whose duties shall
2091	be to observe and examine the registration and election
2092	processes and the condition, custody, and operation of voting
2093	systems and equipment in any county or municipality. The deputy
2094	shall have access to all registration books and records as well
2095	as any other records or procedures relating to the voting
2096	process. The deputy may supervise preparation of the voting
2097	equipment and procedures for election, and it shall be unlawful
2098	for any person to obstruct the deputy in the performance of his
2099	or her duty. The deputy shall file with the Department of State
2100	a report of his or her findings and observations of the
2101	registration and election processes in the county or
2102	municipality, and a copy of the report shall also be filed with
2103	the clerk of the circuit court of said county. The compensation
2104	of such deputies shall be fixed by the Department of State; and
2105	costs incurred under this section shall be paid from the annual
2106	operating appropriation made to the Department of State.
2107	(2)  Upon the written direction of the Secretary of State,
2108	any employee of the Department of State having expertise in the
2109	matter of concern to the Secretary of State shall have full
2110	access to all premises, records, equipment, and staff of the
2111	supervisor of elections.
2112	Section 41.  Subsection (1) of section 101.595, Florida
2113	Statutes, is amended to read:
2114	101.595  Analysis and reports of voting problems.--
2115	(1)  No later than December 15 of each general election
2116	year, the supervisor of elections in each county shall report to
2117	the Department of State the total number of overvotes and
2118	undervotes in either the "President and Vice President" or
2119	"Governor and Lieutenant Governor" race that appears first on
2120	the ballot or, if neither appears, the first race appearing on
2121	the ballot pursuant to s. 101.151(2), along with the likely
2122	reasons for such overvotes and undervotes and other information
2123	as may be useful in evaluating the performance of the voting
2124	system and identifying problems with ballot design and
2125	instructions which may have contributed to voter confusion.
2126	Section 42.  Subsection (1) of section 101.6103, Florida
2127	Statutes, is amended, subsection (6) is renumbered as subsection
2128	(7), and a new subsection (6) is added to said section, to read:
2129	101.6103  Mail ballot election procedure.--
2130	(1)  Except as otherwise provided in subsection (7)(6), the
2131	supervisor of elections shall mail all official ballots with a
2132	secrecy envelope, a return mailing envelope, and instructions
2133	sufficient to describe the voting process to each elector
2134	entitled to vote in the election not sooner than the 20th day
2135	before the election and not later than the 10th day before the
2136	date of the election. All such ballots shall be mailed by first-
2137	class mail. Ballots shall be addressed to each elector at the
2138	address appearing in the registration records and placed in an
2139	envelope which is prominently marked "Do Not Forward."
2140	(6)  The canvassing board may begin the canvassing of mail
2141	ballots at 7 a.m. on the fourth day before the election,
2142	including processing the ballots through the tabulating
2143	equipment. However, results may not be released until after 7
2144	p.m. on election day. Any canvassing board member or election
2145	employee who releases any result prior to 7 p.m. on election day
2146	commits a felony of the third degree, punishable as provided in
2147	s. 775.082, s. 775.083, or s. 775.084.
2148	Section 43.  Subsections (2), (3), and (4) of section
2149	101.62, Florida Statutes, are amended to read:
2150	101.62  Request for absentee ballots.--
2151	(2)  If A request for an absentee ballot to be mailed to an
2152	elector shall be is received no later than 5 p.m. on the 6th day
2153	prior to after the Friday before the election by the supervisor
2154	of elections from an absent elector overseas, the supervisor
2155	shall send a notice to the elector acknowledging receipt of his
2156	or her request and notifying the elector that the ballot will
2157	not be forwarded due to insufficient time for return of the
2158	ballot by the required deadline. The supervisor of elections
2159	shall mail absentee ballots to voters requesting ballots by such
2160	deadline no later than 4 days before the election.
2161	(3)  For each request for an absentee ballot received, the
2162	supervisor shall record the date the request was made, the date
2163	the absentee ballot was delivered to the elector or the
2164	elector's designee or the date the ballot was delivered to the
2165	post office or other carrier mailed, the date the ballot was
2166	received by the supervisor, and such other information he or she
2167	may deem necessary. This information shall be provided in
2168	electronic format as provided by rule adopted by the division.
2169	The information shall be updated and made available no later
2170	than noon of each day and shall be contemporaneously provided to
2171	the division. This information shall be confidential and exempt
2172	from the provisions of s. 119.07(1) and shall be made available
2173	to or reproduced only for the elector requesting the ballot, a
2174	canvassing board, an election official, a political party or
2175	official thereof, a candidate who has filed qualification papers
2176	and is opposed in an upcoming election, and registered political
2177	committees or registered committees of continuous existence, for
2178	political purposes only.
2179	(4)(a)  To each absent qualified elector overseas who has
2180	requested an absentee ballot, the supervisor of elections shall,
2181	not fewer than 35 days before the first primary election, mail
2182	an absentee ballot. Not fewer than 45 days before the second
2183	primary and general election, the supervisor of elections shall
2184	mail an absentee ballot. If the regular absentee ballots are not
2185	available, the supervisor shall mail an advance absentee ballot
2186	to those persons requesting ballots for such elections. The
2187	advance absentee ballot for the second primary shall be the same
2188	as the first primary absentee ballot as to the names of
2189	candidates, except that for any offices where there are only two
2190	candidates, those offices and all political party executive
2191	committee offices shall be omitted. Except as provided in ss.
2192	99.063(4) and 100.371(6), the advance absentee ballot for the
2193	general election shall be as specified in s. 101.151, except
2194	that in the case of candidates of political parties where
2195	nominations were not made in the first primary, the names of the
2196	candidates placing first and second in the first primary
2197	election shall be printed on the advance absentee ballot. The
2198	advance absentee ballot or advance absentee ballot information
2199	booklet shall be of a different color for each election and also
2200	a different color from the absentee ballots for the first
2201	primary, second primary, and general election. The supervisor
2202	shall mail an advance absentee ballot for the second primary and
2203	general election to each qualified absent elector for whom a
2204	request is received until the absentee ballots are printed. The
2205	supervisor shall enclose with the advance second primary
2206	absentee ballot and advance general election absentee ballot an
2207	explanation stating that the absentee ballot for the election
2208	will be mailed as soon as it is printed; and, if both the
2209	advance absentee ballot and the absentee ballot for the election
2210	are returned in time to be counted, only the absentee ballot
2211	will be counted. The Department of State may prescribe by rule
2212	the requirements for preparing and mailing absentee ballots to
2213	absent qualified electors overseas.
2214	(b)  As soon as the remainder of the absentee ballots are
2215	printed, the supervisor shall provide an absentee ballot to each
2216	elector by whom a request for that ballot has been made by one
2217	of the following means:
2218	1.  By nonforwardable, return-if-undeliverable mail to the
2219	elector's current mailing address on file with the supervisor,
2220	unless the elector specifies in the request that:
2221	a.  The elector is absent from the county and does not plan
2222	to return before the day of the election;
2223	b.  The elector is temporarily unable to occupy the
2224	residence because of hurricane, tornado, flood, fire, or other
2225	emergency or natural disaster; or
2226	c.  The elector is in a hospital, assisted-living facility,
2227	nursing home, short-term medical or rehabilitation facility, or
2228	correctional facility,
2229
2230	in which case the supervisor shall mail the ballot by
2231	nonforwardable, return-if-undeliverable mail to any other
2232	address the elector specifies in the request.
2233	2.  By forwardable mail to voters who are entitled to vote
2234	by absentee ballot under the Uniformed and Overseas Citizens
2235	Absentee Voting Act.
2236	3.  By personal delivery to the elector, upon presentation
2237	of the identification required in s. 101.657 until 7 p.m. on the
2238	day of the election.
2239	4.  By delivery to a designee on election day or up to 4
2240	days prior to the day of an election. Any elector may designate
2241	in writing a person to pick up the ballot for the elector;
2242	however, the person designated may not pick up more than two
2243	absentee ballots per election, other than the designee's own
2244	ballot, except that additional ballots may be picked up for
2245	members of the designee's immediate family. For purposes of this
2246	section, "immediate family" means the designee's spouse or the
2247	parent, child, grandparent, or sibling of the designee or of the
2248	designee's spouse. The designee shall provide to the supervisor
2249	the written authorization by the elector and a picture
2250	identification of the designee and must complete an affidavit.
2251	The designee shall state in the affidavit that the designee is
2252	authorized by the elector to pick up that ballot and shall
2253	indicate if the elector is a member of the designee's immediate
2254	family and, if so, the relationship. The department shall
2255	prescribe the form of the affidavit. If the supervisor is
2256	satisfied that the designee is authorized to pick up the ballot
2257	and that the signature of the elector on the written
2258	authorization matches the signature of the elector on file, the
2259	supervisor shall give the ballot to that designee for delivery
2260	to the elector.
2261	Section 44.  Subsection (3) of section 101.64, Florida
2262	Statutes, is added to read:
2263	101.64  Delivery of absentee ballots; envelopes; form.--
2264	(3)  In lieu of the voter's certificate provided in this
2265	section, the supervisor of elections shall provide each person
2266	voting absentee under the Uniformed and Overseas Citizens
2267	Absentee Voting Act with the standard oath prescribed by the
2268	presidential designee.
2269	Section 45.  Subsection (1) of section 101.657, Florida
2270	Statutes, is amended, present subsection (2) is renumbered as
2271	subsection (3), and a new subsection (2) is added, to read:
2272	101.657  Early voting.--
2273	(1)(a)  As a convenience to the voter, the supervisor of
2274	elections shall allow an elector to vote early in the main or
2275	branch office of the supervisor by depositing the voted ballot
2276	in a voting device used by the supervisor to collect or tabulate
2277	ballots. In order for a branch office to be used for early
2278	voting, it shall be a permanent full-service facility of the
2279	supervisor and shall have been designated and used as such for
2280	at least 1 year prior to the election. The supervisor may also
2281	designate any city hall or permanent public library facility as
2282	early voting sites; however, if so designated, the sites must be
2283	geographically located so as to provide all voters in the county
2284	an equal opportunity to cast a ballot, insofar as is
2285	practicable. The results or tabulation of votes cast during
2286	early voting may not be made before the close of the polls on
2287	election day. Results shall be reported by precinct.
2288	(b)  The supervisor shall designate each early voting site
2289	by no later than the 30th day prior to an election and shall
2290	designate an early voting area, as defined in s. 97.021, at each
2291	early voting site. Designation of early voting sites may not be
2292	changed except by petition to the division, which petition shall
2293	only be granted for reasons of a natural or unavoidable event
2294	resulting in the unavailability of such early voting site.
2295	(c)  All early voting sites in a county shall be open on
2296	the same days for the same amount of time and shall allow any
2297	person in line at the closing of an early voting site to vote.
2298	(d)(b)  Early voting shall begin on the 15th day before an
2299	election and end on the 2nd day before an election. For purposes
2300	of a special election held pursuant to s. 100.101, early voting
2301	shall begin on the 8th day before an election and end on the 2nd
2302	day before an election. Early voting shall be provided for at
2303	least 8 hours per weekday and 8 hours in the aggregate each
2304	weekend during the applicable periods. Early voting sites shall
2305	open no sooner than 7 a.m. and close no later than 7 p.m. on
2306	each applicable day during the applicable periods. Early voting
2307	shall also be provided for 8 hours in the aggregate for each
2308	weekend during the applicable periods.
2309	(e)  Notwithstanding the requirements of s. 100.3605,
2310	municipalities may provide early voting in municipal elections
2311	that are not held in conjunction with county or state elections.
2312	If a municipality provides early voting, it may designate as
2313	many sites as necessary and shall conduct its activities in
2314	accordance with the provisions of paragraphs (a)-(c). The
2315	supervisor is not required to conduct early voting if it is
2316	provided pursuant to this subsection.
2317	(f)  Notwithstanding the requirements of s. 189.405,
2318	special districts may provide early voting in any district
2319	election not held in conjunction with county or state elections.
2320	If a special district provides early voting, it may designate as
2321	many sites as necessary and shall conduct its activities in
2322	accordance with the provisions of paragraphs (a)-(c). The
2323	supervisor is not required to conduct early voting if it is
2324	provided pursuant to this subsection.
2325	(2)  During any early voting period, each supervisor of
2326	elections shall make available the total number of voters
2327	casting a ballot at each early voting location during the
2328	previous day. Each supervisor shall prepare an electronic data
2329	file listing the individual voters who cast a ballot during the
2330	early voting period. This information shall be provided in
2331	electronic format as provided by rule adopted by the division.
2332	The information shall be updated and made available no later
2333	than noon of each day and shall be contemporaneously provided to
2334	the division.
2335	Section 46.  Subsection (2) section 101.663, Florida
2336	Statutes, is amended to read:
2337	101.663  Electors; change of residence.--
2338	(2)  An elector registered in this state who moves his or
2339	her permanent residence to another state after the registration
2340	books in that state have closed and who is prohibited by the
2341	laws of that state from voting for the offices of President and
2342	Vice President of the United States shall be permitted to vote
2343	absentee in the county of his or her former residence for the
2344	those offices of President and Vice President.
2345	Section 47.  Subsection (1) of section 101.68, Florida
2346	Statutes, is amended to read:
2347	101.68  Canvassing of absentee ballot.--
2348	(1)  The supervisor of the county where the absent elector
2349	resides shall receive the voted ballot, at which time the
2350	supervisor shall compare the signature of the elector on the
2351	voter's certificate with the signature of the elector in the
2352	registration books to determine whether the elector is duly
2353	registered in the county and may record on the elector's
2354	registration certificate that the elector has voted. The
2355	supervisor shall safely keep the ballot unopened in his or her
2356	office until the county canvassing board canvasses the vote.
2357	Once an absentee ballot has been received by the supervisor, the
2358	ballot is deemed to have been cast and no changes or additions
2359	shall be made to the Voter's Certificate.
2360	Section 48.  Section 101.69, Florida Statutes, is amended
2361	to read:
2362	101.69  Voting in person; return of absentee ballot.--The
2363	provisions of this code shall not be construed to prohibit any
2364	elector from voting in person at the elector's precinct on the
2365	day of an election or at an early voting site notwithstanding
2366	that the elector has requested an absentee ballot for that
2367	election. However, an elector who has returned a voted absentee
2368	ballot to the supervisor is deemed to have cast his or her
2369	ballot and shall not be entitled to vote another ballot or have
2370	a provisional ballot counted by the county canvassing board. An
2371	elector who has received an absentee ballot and who has not
2372	returned the voted ballot to the supervisor, but desires to vote
2373	in person, shall return the ballot, whether voted or not, to the
2374	election board in the elector's precinct or to an early voting
2375	site. The returned ballot shall be marked "canceled" by the
2376	board and placed with other canceled ballots. However, if the
2377	elector does not return the ballot and the election official:
2378	(1)  Confirms that the supervisor has received the
2379	elector's absentee ballot, the elector shall not be allowed to
2380	vote in person. If the elector maintains that he or she has not
2381	returned the absentee ballot or remains eligible to vote, the
2382	elector shall be provided a provisional ballot as provided in s.
2383	101.048.
2384	(2)  Confirms that the supervisor has not received the
2385	elector's absentee ballot, the elector shall be allowed to vote
2386	in person as provided in this code. The elector's absentee
2387	ballot, if subsequently received, shall not be counted and shall
2388	remain in the mailing envelope, and the envelope shall be marked
2389	"Rejected as Illegal."
2390	(3)  Cannot determine whether the supervisor has received
2391	the elector's absentee ballot, the elector may vote a
2392	provisional ballot as provided in s. 101.048.
2393	Section 49.  Subsection (2) of section 101.6923, Florida
2394	Statutes, is amended to read:
2395	101.6923  Special absentee ballot instructions for certain
2396	first-time voters.--
2397	(2)  A voter covered by this section shall be provided with
2398	the following printed instructions with his or her absentee
2399	ballot in substantially the following form:
2400
2401
2402	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
2403	FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
2404	TO COUNT.
2405
2406	1.  In order to ensure that your absentee ballot will be
2407	counted, it should be completed and returned as soon as possible
2408	so that it can reach the supervisor of elections of the county
2409	in which your precinct is located no later than 7 p.m. on the
2410	date of the election.
2411	2.  Mark your ballot in secret as instructed on the ballot.
2412	You must mark your own ballot unless you are unable to do so
2413	because of blindness, disability, or inability to read or write.
2414	3.  Mark only the number of candidates or issue choices for
2415	a race as indicated on the ballot. If you are allowed to "Vote
2416	for One" candidate and you vote for more than one, your vote in
2417	that race will not be counted.
2418	4.  Place your marked ballot in the enclosed secrecy
2419	envelope and seal the envelope.
2420	5.  Insert the secrecy envelope into the enclosed envelope
2421	bearing the Voter's Certificate. Seal the envelope and
2422	completely fill out the Voter's Certificate on the back of the
2423	envelope.
2424	a.  You must sign your name on the line above (Voter's
2425	Signature).
2426	b.  If you are an overseas voter, you must include the date
2427	you signed the Voter's Certificate on the line above (Date) or
2428	your ballot may not be counted.
2429	6.  Unless you meet one of the exemptions in Item 7., you
2430	must make a copy of one of the following forms of
2431	identification:
2432	a.  Identification which must include your name and
2433	photograph: current and valid Florida driver's license; Florida
2434	identification card issued by the Department of Highway Safety
2435	and Motor Vehicles; United States passport; employee badge or
2436	identification; buyer's club identification card; debit or
2437	credit card; military identification; student identification;
2438	retirement center identification; neighborhood association
2439	identification; entertainment identification; or public
2440	assistance identification; or
2441	b.  Identification which shows your name and current
2442	residence address: current utility bill, bank statement,
2443	government check, paycheck, or government document (excluding
2444	voter identification card).
2445	7.  The identification requirements of Item 6. do not apply
2446	if you meet one of the following requirements:
2447	a.  You are 65 years of age or older.
2448	b.  You have a temporary or permanent physical disability.
2449	c.  You are a member of a uniformed service on active duty
2450	who, by reason of such active duty, will be absent from the
2451	county on election day.
2452	d.  You are a member of the Merchant Marine who, by reason
2453	of service in the Merchant Marine, will be absent from the
2454	county on election day.
2455	e.  You are the spouse or dependent of a member referred to
2456	in paragraph c. or paragraph d. who, by reason of the active
2457	duty or service of the member, will be absent from the county on
2458	election day.
2459	f.  You are currently residing outside the United States.
2460	8.  Place the envelope bearing the Voter's Certificate into
2461	the mailing envelope addressed to the supervisor. Insert a copy
2462	of your identification in the mailing envelope. DO NOT PUT YOUR
2463	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2464	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2465	BALLOT WILL NOT COUNT.
2466	9.  Mail, deliver, or have delivered the completed mailing
2467	envelope. Be sure there is sufficient postage if mailed.
2468	10.  FELONY NOTICE. It is a felony under Florida law to
2469	accept any gift, payment, or gratuity in exchange for your vote
2470	for a candidate. It is also a felony under Florida law to vote
2471	in an election using a false identity or false address, or under
2472	any other circumstances making your ballot false or fraudulent.
2473	Section 50.  Subsection (3) of section 101.694, Florida
2474	Statutes, is amended to read:
2475	101.694  Mailing of ballots upon receipt of federal
2476	postcard application.--
2477	(3)  Absentee envelopes printed for voters entitled to vote
2478	absentee under the Uniformed and Overseas Citizens Absentee
2479	Voting Act shall meet the specifications as determined by the
2480	Federal Voting Assistance Program of the United States
2481	Department of Defense and the United States Postal Service.
2482	There shall be printed across the face of each envelope in which
2483	a ballot is sent to a federal postcard applicant, or is returned
2484	by such applicant to the supervisor, two parallel horizontal red
2485	bars, each one-quarter inch wide, extending from one side of the
2486	envelope to the other side, with an intervening space of one-
2487	quarter inch, the top bar to be 11/4 inches from the top of the
2488	envelope, and with the words "Official Election Balloting
2489	Material-via Air Mail," or similar language, between the bars.
2490	There shall be printed in the upper right corner of each such
2491	envelope, in a box, the words "Free of U. S. Postage, including
2492	Air Mail." All printing on the face of each envelope shall be in
2493	red, and there shall be printed in red in the upper left corner
2494	of each ballot envelope an appropriate inscription or blanks for
2495	return address of sender. Additional specifications may be
2496	prescribed by rule of the Division of Elections upon
2497	recommendation of the presidential designee under the Uniformed
2498	and Overseas Citizens Absentee Voting Act. Otherwise, the
2499	envelopes shall be the same as those used in sending ballots to,
2500	or receiving them from, other absentee voters.
2501	Section 51.  Section 101.697, Florida Statutes, is amended
2502	to read:
2503	101.697  Electronic transmission of election
2504	materials.--The Department of State shall adopt rules to
2505	authorize a supervisor of elections to accept a request for an
2506	absentee ballot and a voted absentee ballot by facsimile machine
2507	or other electronic means from overseas voters if the department
2508	can be assured that the security of the transmission of the
2509	ballot is able to be established. The rules must provide that in
2510	order to accept a voted ballot, the verification of the voter
2511	must be established, the security of the transmission must be
2512	established, and each ballot received must be recorded.
2513	Section 52.  Section 102.012, Florida Statutes, is amended
2514	to read:
2515	102.012  Inspectors and clerks to conduct elections.--
2516	(1)  The supervisor of elections of each county, at least
2517	20 days prior to the holding of any election, shall appoint an
2518	two election board comprised of poll workers who serve as clerks
2519	or inspectors boards for each precinct in the county; however,
2520	the supervisor of elections may, in any election, appoint one
2521	election board if the supervisor has reason to believe that only
2522	one is necessary. The clerk shall be in charge of, and
2523	responsible for, seeing that the election board carries out its
2524	duties and responsibilities. Each inspector and each clerk shall
2525	take and subscribe to an oath or affirmation, which shall be
2526	written or printed, to the effect that he or she will perform
2527	the duties of inspector or clerk of election, respectively,
2528	according to law and will endeavor to prevent all fraud, deceit,
2529	or abuse in conducting the election. The oath may be taken
2530	before an officer authorized to administer oaths or before any
2531	of the persons who are to act as inspectors, one of them to
2532	swear the others, and one of the others sworn thus, in turn, to
2533	administer the oath to the one who has not been sworn. The oaths
2534	shall be returned with the poll list and the returns of the
2535	election to the supervisor. In all questions that may arise
2536	before the members of an election board, the decision of a
2537	majority of them shall decide the question. The supervisor of
2538	elections of each county shall be responsible for the attendance
2539	and diligent performance of his or her duties by each clerk and
2540	inspector.
2541	(2)  Each member of the election board shall be able to
2542	read and write the English language and shall be a registered
2543	qualified elector of the county in which the member is appointed
2544	or a person who has preregistered to vote, pursuant to s.
2545	97.041(1)(b), in the county in which the member is appointed. No
2546	election board shall be composed solely of members of one
2547	political party; however, in any primary in which only one party
2548	has candidates appearing on the ballot, all clerks and
2549	inspectors may be of that party. Any person whose name appears
2550	as an opposed candidate for any office shall not be eligible to
2551	serve on an election board.
2552	(3)  The supervisor shall furnish inspectors of election
2553	for each precinct with the list of registered voters for the
2554	precinct registration books divided alphabetically as will best
2555	facilitate the holding of an election. The supervisor shall also
2556	furnish to the inspectors of election at the polling place at
2557	each precinct in the supervisor's county a sufficient number of
2558	forms and blanks for use on election day.
2559	(4)(a)  The election board of each precinct shall attend
2560	the polling place by 6 a.m. of the day of the election and shall
2561	arrange the furniture, stationery, and voting equipment.
2562	(b)  The An election board shall conduct the voting,
2563	beginning and closing at the time set forth in s. 100.011. If
2564	more than one board has been appointed, the second board shall,
2565	upon the closing of the polls, come on duty and count the votes
2566	cast. In such case, the first board shall turn over to the
2567	second board all closed ballot boxes, registration books, and
2568	other records of the election at the time the boards change. The
2569	second board shall continue counting until the count is complete
2570	or until 7 a.m. the next morning, and, if the count is not
2571	completed at that time, the first board that conducted the
2572	election shall again report for duty and complete the count. The
2573	second board shall turn over to the first board all ballots
2574	counted, all ballots not counted, and all registration books and
2575	other records and shall advise the first board as to what has
2576	transpired in tabulating the results of the election.
2577	(5)  In precincts in which there are more than 1,000
2578	registered electors, the supervisor of elections shall appoint
2579	additional election boards necessary for the election.
2580	(6)  In any precinct in which there are fewer than 300
2581	registered electors, it is not necessary to appoint two election
2582	boards, but one such board will suffice. Such board shall be
2583	composed of at least one inspector and one clerk.
2584	Section 53.  Section 102.014, Florida Statutes, is amended
2585	to read:
2586	102.014  Poll worker recruitment and training.--
2587	(1)  The supervisor of elections shall conduct training for
2588	inspectors, clerks, and deputy sheriffs prior to each primary,
2589	general, and special election for the purpose of instructing
2590	such persons in their duties and responsibilities as election
2591	officials. The Division of Elections shall develop a statewide
2592	uniform training curriculum for poll workers, and each
2593	supervisor shall use such curriculum in their poll worker
2594	training. A certificate may be issued by the supervisor of
2595	elections to each person completing such training. No person
2596	shall serve as an inspector, clerk, or deputy sheriff for an
2597	election unless such person has completed the training as
2598	required. A clerk may not work at the polls unless he or she
2599	demonstrates a working knowledge of the laws and procedures
2600	relating to voter registration, voting system operation,
2601	balloting and polling place procedures, and problem-solving and
2602	conflict-resolution skills.
2603	(2)  A person who has attended previous training conducted
2604	within 2 years before the election may be appointed by the
2605	supervisor to fill a vacancy on an election board day. If no
2606	person with prior training is available to fill such vacancy,
2607	the supervisor of elections may fill such vacancy in accordance
2608	with the provisions of subsection (3) from among persons who
2609	have not received the training required by this section.
2610	(3)  In the case of absence or refusal to act on the part
2611	of any inspector or clerk at any precinct on the day of an
2612	election, the supervisor shall appoint a replacement who meets
2613	the qualifications prescribed in s. 102.012(2). The inspector or
2614	clerk so appointed shall be a member of the same political party
2615	as the clerk or inspector whom he or she replaces.
2616	(4)  Each supervisor of elections shall be responsible for
2617	training inspectors and clerks, subject to the following minimum
2618	requirements:
2619	(a)  No clerk shall be entitled to work at the polls unless
2620	he or she has had a minimum of 3 hours of training prior to each
2621	election.
2622	(b)  No inspector shall work at the polls unless he or she
2623	has had a minimum of 2 hours of training prior to each election.
2624	(c)  For the purposes of this subsection, the first and
2625	second primary elections shall be considered one election.
2626	(5)  The Department of State shall create a uniform polling
2627	place procedures manual and adopt the manual by rule. Each
2628	supervisor of elections shall ensure that the manual is
2629	available in hard copy or electronic form in every polling place
2630	precinct in the supervisor's jurisdiction on election day. The
2631	manual shall guide inspectors, clerks, and deputy sheriffs in
2632	the proper implementation of election procedures and laws. The
2633	manual shall be indexed by subject, and written in plain, clear,
2634	unambiguous language. The manual shall provide specific examples
2635	of common problems encountered at the polls on election day, and
2636	detail specific procedures for resolving those problems. The
2637	manual shall include, without limitation:
2638	(a)  Regulations governing solicitation by individuals and
2639	groups at the polling place;
2640	(b)  Procedures to be followed with respect to voters whose
2641	names are not on the precinct register;
2642	(c)  Proper operation of the voting system;
2643	(d)  Ballot handling procedures;
2644	(e)  Procedures governing spoiled ballots;
2645	(f)  Procedures to be followed after the polls close;
2646	(g)  Rights of voters at the polls;
2647	(h)  Procedures for handling emergency situations;
2648	(i)  Procedures for dealing with irate voters;
2649	(j)  The handling and processing of provisional ballots;
2650	and
2651	(k)  Security procedures.
2652
2653	The Department of State shall revise the manual as necessary to
2654	address new procedures in law or problems encountered by voters
2655	and poll workers at the precincts.
2656	(6)  Supervisors of elections shall work with the business
2657	and local community to develop public-private programs to ensure
2658	the recruitment of skilled inspectors and clerks.
2659	(7)  The Department of State shall develop a mandatory,
2660	statewide, and uniform program for training poll workers on
2661	issues of etiquette and sensitivity with respect to voters
2662	having a disability. The program must consist of approximately 1
2663	hour of the required number of hours set forth in paragraph
2664	(4)(a). The program must be conducted locally by each supervisor
2665	of elections, who shall periodically certify to the Department
2666	of State whether each poll worker has completed the program. The
2667	supervisor of elections shall contract with a recognized
2668	disability-related organization, such as a center for
2669	independent living, family network on disabilities, deaf service
2670	bureau, or other such organization, to develop and assist with
2671	training the trainers in the disability sensitivity programs.
2672	The program must include actual demonstrations of obstacles
2673	confronted by disabled persons during the voting process,
2674	including obtaining access to the polling place, traveling
2675	through the polling area, and using the voting system.
2676	Section 54.  Section 102.031, Florida Statutes, is amended
2677	to read:
2678	102.031  Maintenance of good order at polls; authorities;
2679	persons allowed in polling rooms and early voting areas;
2680	unlawful solicitation of voters.--
2681	(1)  Each election board shall possess full authority to
2682	maintain order at the polls and enforce obedience to its lawful
2683	commands during an election and the canvass of the votes.
2684	(2)  The sheriff shall deputize a deputy sheriff for each
2685	polling place and each early voting site who shall be present
2686	during the time the polls or early voting site are open and
2687	until the election is completed, who shall be subject to all
2688	lawful commands of the clerk or inspectors, and who shall
2689	maintain good order. The deputy may summon assistance from among
2690	bystanders to aid him or her when necessary to maintain peace
2691	and order at the polls or early voting sites.
2692	(3)(a)  No person may enter any polling room or polling
2693	place where the polling place is also a polling room or any
2694	early voting area, during voting hours except the following:
2695	1.  Official poll watchers;
2696	2.  Inspectors;
2697	3.  Election clerks;
2698	4.  The supervisor of elections or his or her deputy;
2699	5.  Persons there to vote, persons in the care of a voter,
2700	or persons caring for such voter;
2701	6.  Law enforcement officers or emergency service personnel
2702	there with permission of the clerk or a majority of the
2703	inspectors; or
2704	7.  A person, whether or not a registered voter, who is
2705	assisting with or participating in a simulated election for
2706	minors, as approved by the supervisor of elections.
2707	(b)  The restriction in paragraph (a) this subsection does
2708	not apply where the polling room is in an area commonly
2709	traversed by the public in order to gain access to businesses or
2710	homes or in an area traditionally utilized as a public area for
2711	discussion.
2712	(4)(a)(c)  No person, political committee, committee of
2713	continuous existence, or other group or organization may solicit
2714	voters inside the polling place or within 100 50 feet of the
2715	entrance to any polling place, or polling room where the polling
2716	place is also a polling room, or early voting site. Before the
2717	opening of the polling place or early voting site, the clerk or
2718	supervisor shall designate the no solicitation zone and mark the
2719	boundaries on the day of any election.
2720	1.  Solicitation shall not be restricted if:
2721	a.  Conducted from a separately marked area within the 50-
2722	foot zone so as not to disturb, hinder, impede, obstruct, or
2723	interfere with voter access to the polling place or polling room
2724	entrance; and
2725	b.  The solicitation activities and subject matter are
2726	clearly and easily identifiable by the voters as an activity in
2727	which they may voluntarily participate; or
2728	c.  Conducted on property within the 50-foot zone which is
2729	a residence, established business, private property, sidewalk,
2730	park, or property traditionally utilized as a public area for
2731	discussion.
2732	2.  Solicitation shall not be permitted within the 50-foot
2733	zone on a public sidewalk or other similar means of access to
2734	the polling room if it is clearly identifiable to the poll
2735	workers that the solicitation is impeding, obstructing, or
2736	interfering with voter access to the polling room or polling
2737	place.
2738	(b)(d)  For the purpose of this subsection, the term
2739	"solicit" shall include, but not be limited to, seeking or
2740	attempting to seek any vote, fact, opinion, or contribution;
2741	distributing or attempting to distribute any political or
2742	campaign material, leaflet, or handout; conducting a poll;
2743	seeking or attempting to seek a signature on any petition; and
2744	selling or attempting to sell any item.
2745	(5)(e)  Each supervisor of elections shall inform the clerk
2746	of each precinct of the area within which soliciting is
2747	unlawful, based on the particular characteristics of that
2748	polling place. The supervisor or the clerk may take any
2749	reasonable action necessary to ensure order at the polling
2750	places including, but not limited to, which shall include:
2751	1.  Designating a specific area for soliciting pursuant to
2752	paragraph (c) of this subsection, or
2753	2.  having disruptive and unruly persons removed by law
2754	enforcement officers from the polling room or place or from the
2755	100-foot 50-foot zone surrounding the polling place.
2756	(6)  No photography is permitted in the polling room or
2757	early voting area.
2758	Section 55.  Section 102.071, Florida Statutes, is amended
2759	to read:
2760	102.071  Tabulation of votes and proclamation of results
2761	where ballots are used.--
2762	The election board shall post at the polls, for the benefit
2763	of the public, the results of the voting for each office or
2764	other item on the ballot as the count is completed. Upon
2765	completion of all counts in all races, a certificate triplicate
2766	certificates of the results shall be drawn up by the inspectors
2767	and clerk at each precinct upon a form provided by the
2768	supervisor of elections which shall contain the name of each
2769	person voted for, for each office, and the number of votes cast
2770	for each person for such office; and, if any question is
2771	submitted, the certificate shall also contain the number of
2772	votes cast for and against the question. The certificate shall
2773	be signed by the inspectors and clerk, and one of the
2774	certificates shall be delivered without delay by one of the
2775	inspectors, securely sealed, to the supervisor for immediate
2776	publication; the duplicate copy of the certificate shall be
2777	delivered to the county court judge; and the remaining copy
2778	shall be enclosed in the ballot box together with the oaths of
2779	inspectors and clerks. All the ballot boxes, ballots, ballot
2780	stubs, memoranda, and papers of all kinds used in the election
2781	shall also be transmitted, after being sealed by the inspectors,
2782	to with the certificates of result of the election to be filed
2783	in the supervisor's office. Registration books and the poll
2784	lists shall not be placed in the ballot boxes but shall be
2785	returned to the supervisor.
2786	Section 56.  Subsection (1) of section 102.111, Florida
2787	Statutes, is amended to read:
2788	102.111  Elections Canvassing Commission.--
2789	(1)  The Elections Canvassing Commission shall consist of
2790	the Governor and two members of the Cabinet selected by the
2791	Governor. If a member of the Elections Canvassing Commission is
2792	unable to serve for any reason, the Governor shall appoint a
2793	remaining member of the Cabinet. If there is a further vacancy,
2794	the remaining members of the commission shall agree on another
2795	elected official to fill the vacancy. The Elections Canvassing
2796	Commission shall, as soon as the official results are compiled
2797	from all counties, certify the returns of the election and
2798	determine and declare who has been elected for each federal,
2799	state, and multicounty office. If within 5 days of the
2800	certification by the Elections Canvassing Commission, a county
2801	determines that a typographical error occurred in the official
2802	returns of the county, the correction of which would result in a
2803	change in the outcome of any election certified by the Elections
2804	Canvassing Commission, the county must submit corrected returns
2805	within 24 hours and the Elections Canvassing Commission shall as
2806	soon as practicable correct and recertify the election returns.
2807	Section 57.  Subsections (1) and (2) of section 102.112,
2808	Florida Statutes, are amended to read:
2809	102.112  Deadline for submission of county returns to the
2810	Department of State.--
2811	(1)  The county canvassing board or a majority thereof
2812	shall file the county returns for the election of a federal or
2813	state officer with the Department of State immediately after
2814	certification of the election results. The returns must contain
2815	a certification by the canvassing board that the board has
2816	reconciled the number of persons who voted with the number of
2817	ballots counted and that the certification includes all valid
2818	votes cast in the election.
2819	(2)  Returns must be filed by 5 p.m. on the 7th day
2820	following a primary election and by 5 p.m. on the 11th day
2821	following the general election provided, however, that the
2822	Department of State shall have the authority to correct
2823	typographical errors, including the transposition of numbers, in
2824	any returns submitted to the Department of State pursuant to s.
2825	102.111(1).
2826	Section 58.  Section 102.141, Florida Statutes, is amended
2827	to read:
2828	102.141  County canvassing board; duties.--
2829	(1)  The county canvassing board shall be composed of the
2830	supervisor of elections; a county court judge, who shall act as
2831	chair; and the chair of the board of county commissioners. In
2832	the event any member of the county canvassing board is unable to
2833	serve, is a candidate who has opposition in the election being
2834	canvassed, or is an active participant in the campaign or
2835	candidacy of any candidate who has opposition in the election
2836	being canvassed, such member shall be replaced as follows:
2837	(a)  If no county court judge is able to serve or if all
2838	are disqualified, the chief judge of the judicial circuit in
2839	which the county is located shall appoint as a substitute member
2840	a qualified elector of the county who is not a candidate with
2841	opposition in the election being canvassed and who is not an
2842	active participant in the campaign or candidacy of any candidate
2843	with opposition in the election being canvassed. In such event,
2844	the members of the county canvassing board shall meet and elect
2845	a chair.
2846	(b)  If the supervisor of elections is unable to serve or
2847	is disqualified, the chair of the board of county commissioners
2848	shall appoint as a substitute member a member of the board of
2849	county commissioners who is not a candidate with opposition in
2850	the election being canvassed and who is not an active
2851	participant in the campaign or candidacy of any candidate with
2852	opposition in the election being canvassed. The supervisor,
2853	however, shall act in an advisory capacity to the canvassing
2854	board.
2855	(c)  If the chair of the board of county commissioners is
2856	unable to serve or is disqualified, the board of county
2857	commissioners shall appoint as a substitute member one of its
2858	members who is not a candidate with opposition in the election
2859	being canvassed and who is not an active participant in the
2860	campaign or candidacy of any candidate with opposition in the
2861	election being canvassed.
2862	(d)  If a substitute member cannot be appointed as provided
2863	elsewhere in this subsection, the chief judge of the judicial
2864	circuit in which the county is located shall appoint as a
2865	substitute member a qualified elector of the county who is not a
2866	candidate with opposition in the election being canvassed and
2867	who is not an active participant in the campaign or candidacy of
2868	any candidate with opposition in the election being canvassed.
2869	(2)  The county canvassing board shall meet in a building
2870	accessible to the public in the county where the election
2871	occurred at a time and place to be designated by the supervisor
2872	of elections to publicly canvass the absentee electors' ballots
2873	as provided for in s. 101.68 and provisional ballots as provided
2874	by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
2875	pursuant to s. 101.049 shall be canvassed in a manner that votes
2876	for candidates and issues on those ballots can be segregated
2877	from other votes. Public notice of the time and place at which
2878	the county canvassing board shall meet to canvass the absentee
2879	electors' ballots and provisional ballots shall be given at
2880	least 48 hours prior thereto by publication once in one or more
2881	newspapers of general circulation in the county or, if there is
2882	no newspaper of general circulation in the county, by posting
2883	such notice in at least four conspicuous places in the county.
2884	As soon as the absentee electors' ballots and the provisional
2885	ballots are canvassed, the board shall proceed to publicly
2886	canvass the vote given each candidate, nominee, constitutional
2887	amendment, or other measure submitted to the electorate of the
2888	county, as shown by the returns then on file in the office of
2889	the supervisor of elections and the office of the county court
2890	judge.
2891	(3)  The canvass, except the canvass of absentee electors'
2892	returns and the canvass of provisional ballots, shall be made
2893	from the returns and certificates of the inspectors as signed
2894	and filed by them with the county court judge and supervisor,
2895	respectively, and the county canvassing board shall not change
2896	the number of votes cast for a candidate, nominee,
2897	constitutional amendment, or other measure submitted to the
2898	electorate of the county, respectively, in any polling place, as
2899	shown by the returns. All returns shall be made to the board on
2900	or before 2 a.m. of the day following any primary, general,
2901	special, or other election. If the returns from any precinct are
2902	missing, if there are any omissions on the returns from any
2903	precinct, or if there is an obvious error on any such returns,
2904	the canvassing board shall order a retabulation recount of the
2905	returns from such precinct. Before canvassing such returns, the
2906	canvassing board shall examine the tabulation of the ballots
2907	cast in such precinct and determine whether the returns
2908	correctly reflect the votes cast. If there is a discrepancy
2909	between the returns and the tabulation of the ballots cast, the
2910	tabulation of the ballots cast shall be presumed correct and
2911	such votes shall be canvassed accordingly.
2912	(4)  The canvassing board shall submit unofficial returns
2913	on forms or in formats provided by the division to the
2914	Department of State for each federal, statewide, state, or
2915	multicounty office or ballot measure no later than noon on the
2916	third second day after any primary election and no later than
2917	noon on the fifth day after any, general, special, or other
2918	election. Such returns shall include the canvass of all ballots
2919	as required by subsection (2), except for provisional ballots,
2920	which returns shall be reported at the time required for
2921	official returns pursuant to s. 102.112(2).
2922	(5)  If the county canvassing board determines that the
2923	unofficial returns may contain a counting error in which the
2924	vote tabulation system failed to count votes that were properly
2925	marked in accordance with the instructions on the ballot, the
2926	county canvassing board shall:
2927	(a)  Correct the error and retabulate recount the affected
2928	ballots with the vote tabulation system; or
2929	(b)  Request that the Department of State verify the
2930	tabulation software. When the Department of State verifies such
2931	software, the department shall compare the software used to
2932	tabulate the votes with the software filed with the department
2933	pursuant to s. 101.5607 and check the election parameters.
2934	(6)  If the unofficial returns reflect that a candidate for
2935	any office was defeated or eliminated by one-half of a percent
2936	or less of the votes cast for such office, that a candidate for
2937	retention to a judicial office was retained or not retained by
2938	one-half of a percent or less of the votes cast on the question
2939	of retention, or that a measure appearing on the ballot was
2940	approved or rejected by one-half of a percent or less of the
2941	votes cast on such measure, the board responsible for certifying
2942	the results of the vote on such race or measure shall order a
2943	recount of the votes cast with respect to such office or
2944	measure. The county canvassing board is the board responsible
2945	for ordering county and local recounts. The Elections Canvassing
2946	Commission is the board responsible for ordering federal, state,
2947	and multicounty recounts. A recount need not be ordered with
2948	respect to the returns for any office, however, if the candidate
2949	or candidates defeated or eliminated from contention for such
2950	office by one-half of a percent or less of the votes cast for
2951	such office request in writing that a recount not be made.
2952	(a)  In counties with voting systems that use paper
2953	ballots, Each canvassing board responsible for conducting a
2954	recount shall put each marksense ballot through automatic
2955	tabulating equipment and determine whether the returns correctly
2956	reflect the votes cast. If any marksense paper ballot is
2957	physically damaged so that it cannot be properly counted by the
2958	automatic tabulating equipment during the recount, a true
2959	duplicate shall be made of the damaged ballot pursuant to the
2960	procedures in s. 101.5614(5). Immediately before the start of
2961	the recount and after completion of the count, a test of the
2962	tabulating equipment shall be conducted as provided in s.
2963	101.5612. If the test indicates no error, the recount tabulation
2964	of the ballots cast shall be presumed correct and such votes
2965	shall be canvassed accordingly. If an error is detected, the
2966	cause therefor shall be ascertained and corrected and the
2967	recount repeated, as necessary. The canvassing board shall
2968	immediately report the error, along with the cause of the error
2969	and the corrective measures being taken, to the Department of
2970	State. No later than 11 days after the election, the canvassing
2971	board shall file a separate incident report with the Department
2972	of State, detailing the resolution of the matter and identifying
2973	any measures that will avoid a future recurrence of the error.
2974	(b)  In counties with voting systems that do not use paper
2975	ballots, Each canvassing board responsible for conducting a
2976	recount where touchscreen ballots were used shall examine the
2977	counters on the precinct tabulators to ensure that the total of
2978	the returns on the precinct tabulators equals the overall
2979	election return. If there is a discrepancy between the overall
2980	election return and the counters of the precinct tabulators, the
2981	counters of the precinct tabulators shall be presumed correct
2982	and such votes shall be canvassed accordingly.
2983	(c)  The canvassing board shall submit a second set of
2984	unofficial returns on forms or in formats provided by the
2985	division to the Department of State for each federal, statewide,
2986	state, or multicounty office or ballot measure no later than 3
2987	p.m. noon on the fifth third day after any primary election and
2988	no later than 3 p.m. on the 8th day after any general election
2989	in which a recount was conducted pursuant to this subsection. If
2990	the canvassing board is unable to complete the recount
2991	prescribed in this subsection by the deadline, the second set of
2992	unofficial returns submitted by the canvassing board shall be
2993	identical to the initial unofficial returns and the submission
2994	shall also include a detailed explanation of why it was unable
2995	to timely complete the recount. However, the canvassing board
2996	shall complete the recount prescribed in this subsection, along
2997	with any manual recount prescribed in s. 102.166, and certify
2998	election returns in accordance with the requirements of this
2999	chapter.
3000	(d)  The Department of State shall adopt detailed rules
3001	prescribing additional recount procedures for each certified
3002	voting system, which shall be uniform to the extent practicable.
3003	(7)  The canvassing board may employ such clerical help to
3004	assist with the work of the board as it deems necessary, with at
3005	least one member of the board present at all times, until the
3006	canvass of the returns is completed. The clerical help shall be
3007	paid from the same fund as inspectors and other necessary
3008	election officials.
3009	(8)(a)  At the same time that the official results of an
3010	election are certified to the Department of State, the county
3011	canvassing board shall file a report with the Division of
3012	Elections on the conduct of the election. The report shall
3013	describe:
3014	1.  All contain information relating to any problems
3015	incurred as a result of equipment or software malfunctions
3016	either at the precinct level, or at a counting location, or
3017	within computer and telecommunications networks supporting a
3018	county location, including the steps taken to address the
3019	malfunction(s).
3020	2.  All election definition errors that were discovered
3021	after the logic and accuracy test, including the steps taken to
3022	address the error.
3023	3.  All ballot printing errors or ballot supply problems,
3024	including the steps taken to address the error or problem.
3025	4.  All staffing shortages or procedural violations by
3026	employees or precinct workers which were required to be
3027	addressed by the supervisor of elections or the county
3028	canvassing board during the conduct of the election, including
3029	corrective actions.
3030	5.  All instances where needs for staffing or equipment
3031	were insufficient to meet the needs of the voters.
3032	6.  Any difficulties or unusual circumstances encountered
3033	by an election board or the canvassing board, and any other
3034	additional information regarding a material issue or problems
3035	associated with the conduct of the election which the canvassing
3036	board feels should be made a part of the official election
3037	record.
3038	(b)  After the report pursuant to subsection (1) is filed,
3039	if the supervisor discovers new or additional information on any
3040	of the items required to be included in the report, the
3041	supervisor shall notify the division that new information has
3042	been discovered no later than the next business day after the
3043	discovery and file an amended report on the conduct of the
3044	election within 10 days of the discovery.
3045	(c)  Such reports shall be maintained on file in the
3046	Division of Elections and shall be available for public
3047	inspection. The division shall utilize the reports submitted by
3048	the canvassing boards to determine what problems may be likely
3049	to occur in other elections and disseminate such information,
3050	along with possible solutions, to the supervisors of elections.
3051	(9)  The supervisor shall file with the department a copy
3052	of or an export file from the results database of the county's
3053	voting system and other statistical information as may be
3054	required by the department, the Legislature, and the Election
3055	Assistance Commission. The department shall adopt rules
3056	establishing the required content and acceptable formats for the
3057	filings and time for the filings.
3058	Section 59.  Section 102.166, Florida Statutes, is amended
3059	to read:
3060	102.166  Manual recounts.--
3061	(1)  If the second set of unofficial returns pursuant to s.
3062	102.141 indicates that a candidate for any office was defeated
3063	or eliminated by one-quarter of a percent or less of the votes
3064	cast for such office, that a candidate for retention to a
3065	judicial office was retained or not retained by one-quarter of a
3066	percent or less of the votes cast on the question of retention,
3067	or that a measure appearing on the ballot was approved or
3068	rejected by one-quarter of a percent or less of the votes cast
3069	on such measure, the board responsible for certifying the
3070	results of the vote on such race or measure shall order a manual
3071	recount of the overvotes and undervotes cast in the entire
3072	geographic jurisdiction of such office or ballot measure.
3073	However, a manual recount shall not be ordered if the number of
3074	overvotes, undervotes, and provisional ballots is fewer than the
3075	number of votes needed to change the outcome of the election.
3076	(2)(a)  If the second set of unofficial returns pursuant to
3077	s. 102.141 indicates that a candidate for any office was
3078	defeated or eliminated by between one-quarter and one-half of a
3079	percent of the votes cast for such office, that a candidate for
3080	retention to judicial office was retained or not retained by
3081	between one-quarter and one-half of a percent of the votes cast
3082	on the question of retention, or that a measure appearing on the
3083	ballot was approved or rejected by between one-quarter and one-
3084	half of a percent of the votes cast on such measure, any such
3085	candidate, the political party of such candidate, or any
3086	political committee that supports or opposes such ballot measure
3087	is entitled to a manual recount of the overvotes and undervotes
3088	cast in the entire geographic jurisdiction of such office or
3089	ballot measure, provided that a request for a manual recount is
3090	made by 5 p.m. on the third day after the election.
3091	(b)  For federal, statewide, state, and multicounty races
3092	and ballot issues, requests for a manual recount shall be made
3093	in writing to the state Elections Canvassing Commission. For all
3094	other races and ballot issues, requests for a manual recount
3095	shall be made in writing to the county canvassing board.
3096	(c)  Upon receipt of a proper and timely request, the
3097	Elections Canvassing Commission or county canvassing board shall
3098	immediately order a manual recount of overvotes and undervotes
3099	in all affected jurisdictions.
3100	(2)(3)(a)  Any hardware or software used to identify and
3101	sort overvotes and undervotes for a given race or ballot measure
3102	must be certified by the Department of State as part of the
3103	voting system pursuant to s. 101.015. Any such hardware or
3104	software must be capable of simultaneously counting votes. For
3105	certified voting systems, the department shall certify such
3106	hardware or software by July 1, 2002. If the department is
3107	unable to certify such hardware or software for a certified
3108	voting system by July 1, 2002, the department shall adopt rules
3109	prescribing procedures for identifying and sorting such
3110	overvotes and undervotes. The department's rules may provide for
3111	the temporary use of hardware or software whose sole function is
3112	identifying and sorting overvotes and undervotes.
3113	(b)  This subsection does not preclude the department from
3114	certifying hardware or software after July 1, 2002.
3115	(b)(c)  Overvotes and undervotes shall be identified and
3116	sorted while recounting ballots pursuant to s. 102.141, if the
3117	hardware or software for this purpose has been certified or the
3118	department's rules so provide.
3119	(3)(4)  Any manual recount shall be open to the public.
3120	(4)(5)(a)  A vote for a candidate or ballot measure shall
3121	be counted if there is a clear indication on the ballot that the
3122	voter has made a definite choice.
3123	(b)  The Department of State shall adopt specific rules for
3124	each certified voting system prescribing what constitutes a
3125	"clear indication on the ballot that the voter has made a
3126	definite choice." The rules may not:
3127	1.  Exclusively provide that the voter must properly mark
3128	or designate his or her choice on the ballot; or
3129	2.  Contain a catch-all provision that fails to identify
3130	specific standards, such as "any other mark or indication
3131	clearly indicating that the voter has made a definite choice."
3132	(5)(6)  Procedures for a manual recount are as follows:
3133	(a)  The county canvassing board shall appoint as many
3134	counting teams of at least two electors as is necessary to
3135	manually recount the ballots. A counting team must have, when
3136	possible, members of at least two political parties. A candidate
3137	involved in the race shall not be a member of the counting team.
3138	(b)  Each duplicate ballot prepared pursuant to s.
3139	101.5614(5) or s. 102.141(6) shall be compared with the original
3140	ballot to ensure the correctness of the duplicate.
3141	(c)  If a counting team is unable to determine whether the
3142	ballot contains a clear indication that the voter has made a
3143	definite choice, the ballot shall be presented to the county
3144	canvassing board for a determination.
3145	(d)  The Department of State shall adopt detailed rules
3146	prescribing additional recount procedures for each certified
3147	voting system which shall be uniform to the extent practicable.
3148	The rules shall address, at a minimum, the following areas:
3149	1.  Security of ballots during the recount process.;
3150	2.  Time and place of recounts.;
3151	3.  Public observance of recounts.;
3152	4.  Objections to ballot determinations.;
3153	5.  Record of recount proceedings.; and
3154	6.  Procedures relating to candidate and petitioner
3155	representatives.
3156	Section 60.  Subsections (2) and (4) of section 102.168,
3157	Florida Statutes, are amended to read:
3158	102.168  Contest of election.--
3159	(2)  Such contestant shall file a complaint, together with
3160	the fees prescribed in chapter 28, with the clerk of the circuit
3161	court within 10 days after midnight of the date the last board
3162	responsible for certifying the results officially county
3163	canvassing board empowered to canvass the returns certifies the
3164	results of the election being contested.
3165	(4)  The county canvassing board is an indispensable and or
3166	Elections Canvassing Commission shall be the proper party
3167	defendant in county and local elections, and the Elections
3168	Canvassing Commission is an indispensable and proper party
3169	defendant in federal, state, and multicounty races, and the
3170	successful candidate is shall be an indispensable party to any
3171	action brought to contest the election or nomination of a
3172	candidate.
3173	Section 61.  Subsections (1) and (4) of section 103.021,
3174	Florida Statutes, are amended to read:
3175	103.021  Nomination for presidential electors.--Candidates
3176	for presidential electors shall be nominated in the following
3177	manner:
3178	(1)  The Governor shall nominate the presidential electors
3179	of each political party. The state executive committee of each
3180	political party shall by resolution recommend candidates for
3181	presidential electors and deliver a certified copy thereof to
3182	the Governor prior to September 1 of each presidential election
3183	year. The Governor He or she shall nominate only the electors
3184	recommended by the state executive committee of the respective
3185	political party. Each such elector shall be a qualified elector
3186	of the party he or she represents who has taken an oath that he
3187	or she will vote for the candidates of the party that he or she
3188	is nominated to represent. The Governor shall certify to the
3189	Department of State on or before September 1, in each
3190	presidential election year, the names of a number of electors
3191	for each political party equal to the number of senators and
3192	representatives which this state has in Congress.
3193	(4)(a)  A minor political party that is affiliated with a
3194	national party holding a national convention to nominate
3195	candidates for President and Vice President of the United States
3196	may have the names of its candidates for President and Vice
3197	President of the United States printed on the general election
3198	ballot by filing with the Department of State a certificate
3199	naming the candidates for President and Vice President and
3200	listing the required number of persons to serve as electors.
3201	Notification to the Department of State under this subsection
3202	shall be made by September 1 of the year in which the election
3203	is held. When the Department of State has been so notified, it
3204	shall order the names of the candidates nominated by the minor
3205	political party to be included on the ballot and shall permit
3206	the required number of persons to be certified as electors in
3207	the same manner as other party candidates. For purposes of this
3208	section, "national party" shall mean a political party
3209	established and admitted to the ballot in at least one state
3210	other than this state, and "national convention" shall mean any
3211	caucus, convention, meeting, or any other assembly of a
3212	political party gathered, whether or not such meeting is held in
3213	person or by telephonic or electronic means, with the intent of
3214	nominating candidates for President and Vice President of the
3215	United States.
3216	(b)  A minor political party that is not affiliated with a
3217	national party holding a national convention to nominate
3218	candidates for President and Vice President of the United States
3219	may have the names of its candidates for President and Vice
3220	President printed on the general election ballot if a petition
3221	is signed by 1 percent of the registered electors of this state,
3222	as shown by the compilation by the Department of State for the
3223	preceding general election. A separate petition from each county
3224	for which signatures are solicited shall be submitted to the
3225	supervisors of elections of the respective county no later than
3226	July 15 of each presidential election year. The supervisor shall
3227	check the names and, on or before the date of the first primary,
3228	shall certify the number shown as registered electors of the
3229	county. The supervisor shall be paid by the person requesting
3230	the certification the cost of checking the petitions as
3231	prescribed in s. 99.097. The supervisor shall then forward the
3232	certificate to the Department of State, which shall determine
3233	whether or not the percentage factor required in this section
3234	has been met. When the percentage factor required in this
3235	section has been met, the Department of State shall order the
3236	names of the candidates for whom the petition was circulated to
3237	be included on the ballot and shall permit the required number
3238	of persons to be certified as electors in the same manner as
3239	other party candidates.
3240	Section 62.  Section 103.051, Florida Statutes, is amended
3241	to read:
3242	103.051  Congress sets meeting dates of electors.--The
3243	presidential electors shall, at noon on the day which is
3244	directed by Congress and at the time fixed by the Governor, meet
3245	at Tallahassee and perform the duties required of them by the
3246	Constitution and laws of the United States.
3247	Section 63.  Section 103.061, Florida Statutes, is amended
3248	to read:
3249	103.061  Meeting of electors and filling of
3250	vacancies.--Each presidential elector shall, before 10 a.m. on
3251	the day fixed by Congress to elect a President and Vice
3252	President and at the time fixed by the Governor, give notice to
3253	the Governor that the elector is in Tallahassee and ready to
3254	perform the duties of presidential elector. The Governor shall
3255	forthwith deliver to the presidential electors present a
3256	certificate of the names of all the electors; and if, on
3257	examination thereof, it should be found that one or more
3258	electors are absent, the electors present shall elect by ballot,
3259	in the presence of the Governor, a person or persons to fill
3260	such vacancy or vacancies as may have occurred through the
3261	nonattendance of one or more of the electors.
3262	Section 64.  Section 103.121, Florida Statutes, is amended
3263	to read:
3264	103.121  Powers and duties of executive committees.--
3265	(1)(a)  Each state and county executive committee of a
3266	political party shall have the power and duty:
3267	1.  To adopt a constitution by two-thirds vote of the full
3268	committee.
3269	2.  To adopt such bylaws as it may deem necessary by
3270	majority vote of the full committee.
3271	3.  To conduct its meetings according to generally accepted
3272	parliamentary practice.
3273	4.  To make party nomination when required by law.
3274	5.  To conduct campaigns for party nominees.
3275	6.  To raise and expend party funds. Such funds may not be
3276	expended or committed to be expended except after written
3277	authorization by the chair of the state or county executive
3278	committee.
3279	(b)  Except as otherwise provided in subsection (5), The
3280	county executive committee shall receive payment of assessments
3281	upon candidates to be voted for in a single county except state
3282	senators and members of the House of Representatives and
3283	representatives to the Congress of the United States; and the
3284	state executive committees shall receive all other assessments
3285	authorized. All party assessments shall be 2 percent of the
3286	annual salary of the office sought by the respective candidate.
3287	All such committee assessments shall be remitted to the state
3288	executive committee of the appropriate party and distributed in
3289	accordance with subsection (5)(6).
3290	(2)  The state executive committee shall by resolution
3291	recommend candidates for presidential electors and deliver a
3292	certified copy thereof to the Governor prior to September 1 of
3293	each presidential election year.
3294	(2)(3)  The chair and treasurer of an executive committee
3295	of any political party shall be accountable for the funds of
3296	such committee and jointly liable for their proper expenditure
3297	for authorized purposes only. The chair and treasurer of the
3298	state executive committee of any political party shall furnish
3299	adequate bond, but not less than $10,000, conditioned upon the
3300	faithful performance by such party officers of their duties and
3301	for the faithful accounting for party funds which shall come
3302	into their hands; and the chair and treasurer of a county
3303	executive committee of a political party shall furnish adequate
3304	bond, but not less than $5,000, conditioned as aforesaid. A bond
3305	for the chair and treasurer of the state executive committee of
3306	a political party shall be filed with the Department of State. A
3307	bond for the chair and treasurer of a county executive committee
3308	shall be filed with the supervisor of elections. The funds of
3309	each such state executive committee shall be publicly audited at
3310	the end of each calendar year and a copy of such audit furnished
3311	to the Department of State for its examination prior to April 1
3312	of the ensuing year. When filed with the Department of State,
3313	copies of such audit shall be public documents. The treasurer of
3314	each county executive committee shall maintain adequate records
3315	evidencing receipt and disbursement of all party funds received
3316	by him or her, and such records shall be publicly audited at the
3317	end of each calendar year and a copy of such audit filed with
3318	the supervisor of elections and the state executive committee
3319	prior to April 1 of the ensuing year.
3320	(3)(4)  Any chair or treasurer of a state or county
3321	executive committee of any political party who knowingly
3322	misappropriates, or makes an unlawful expenditure of, or a false
3323	or improper accounting for, the funds of such committee is
3324	guilty of a felony of the third degree, punishable as provided
3325	in s. 775.082, s. 775.083, or s. 775.084.
3326	(4)(5)(a)  The central committee or other equivalent
3327	governing body of each state executive committee shall adopt a
3328	rule which governs the time and manner in which the respective
3329	county executive committees of such party may endorse, certify,
3330	screen, or otherwise recommend one or more candidates for such
3331	party's nomination for election. Upon adoption, such rule shall
3332	provide the exclusive method by which a county committee may so
3333	endorse, certify, screen, or otherwise recommend. No later than
3334	the date on which qualifying for public office begins pursuant
3335	to s. 99.061, the chair of each county executive committee shall
3336	notify in writing the supervisor of elections of his or her
3337	county whether the county executive committee has endorsed or
3338	intends to endorse, certify, screen, or otherwise recommend
3339	candidates for nomination pursuant to party rule. A copy of such
3340	notification shall be provided to the Secretary of State and to
3341	the chair of the appropriate state executive committee. Any
3342	county executive committee that endorses or intends to endorse,
3343	certify, screen, or otherwise recommend one or more candidates
3344	for nomination shall forfeit all party assessments which would
3345	otherwise be returned to the county executive committee; and
3346	such assessments shall be remitted instead to the state
3347	executive committee of such party, the provisions of paragraph
3348	(1)(b) to the contrary notwithstanding. No such funds so
3349	remitted to the state executive committee shall be paid,
3350	returned, or otherwise disbursed to the county executive
3351	committee under any circumstances. Any county executive
3352	committee that is in violation of any party rule after receiving
3353	the party assessment shall remit such party assessment to the
3354	state executive committee.
3355	(b)  Any state executive committee that endorses or intends
3356	to endorse, certify, screen, or otherwise recommend one or more
3357	candidates for nomination shall forfeit all party assessments
3358	which would otherwise be returned to the state executive
3359	committee; and such assessments shall be remitted instead to the
3360	General Revenue Fund of the state. Any state executive committee
3361	that is in violation of this section after receiving the party
3362	assessment shall remit such party assessment to the General
3363	Revenue Fund of the state.
3364	(5)(6)  The state chair of each state executive committee
3365	shall return the 2-percent committee assessment for county
3366	candidates to the appropriate county executive committees only
3367	upon receipt of a written statement that such county executive
3368	committee chooses not to endorse, certify, screen, or otherwise
3369	recommend one or more candidates for such party's nomination for
3370	election and upon the state chair's determination that the
3371	county executive committee is in compliance with all Florida
3372	statutes and all state party rules, bylaws, constitutions, and
3373	requirements.
3374	Section 65.  Subsections (1) and (3) and paragraph (a) of
3375	subsection (5)of section 105.031, Florida Statutes, are amended,
3376	and subsection (6) is added to said section, to read:
3377	105.031  Qualification; filing fee; candidate's oath; items
3378	required to be filed.--
3379	(1)  TIME OF QUALIFYING.--Except for candidates for
3380	judicial office, nonpartisan candidates for multicounty office
3381	shall qualify with the Division of Elections of the Department
3382	of State and nonpartisan candidates for countywide or less than
3383	countywide office shall qualify with the supervisor of
3384	elections. Candidates for judicial office other than the office
3385	of county court judge shall qualify with the Division of
3386	Elections of the Department of State, and candidates for the
3387	office of county court judge shall qualify with the supervisor
3388	of elections of the county. Candidates for judicial office shall
3389	qualify no earlier than noon of the 120th day, and no later than
3390	noon of the 116th day, before the first primary election.
3391	Candidates for the office of school board member shall qualify
3392	no earlier than noon of the 50th day, and no later than noon of
3393	the 46th day, before the first primary election. Filing shall be
3394	on forms provided for that purpose by the Division of Elections
3395	and furnished by the appropriate qualifying officer. Any person
3396	seeking to qualify by the petition process alternative method,
3397	as set forth in s. 105.035, who if the person has submitted the
3398	necessary petitions by the required deadline and is notified
3399	after the fifth day prior to the last day for qualifying that
3400	the required number of signatures has been obtained, shall be
3401	entitled to subscribe to the candidate's oath and file the
3402	qualifying papers at any time within 5 days from the date he or
3403	she is notified that the necessary number of signatures has been
3404	obtained. Any person other than a write-in candidate who
3405	qualifies within the time prescribed in this subsection shall be
3406	entitled to have his or her name printed on the ballot.
3407	(3)  QUALIFYING FEE.--Each candidate qualifying for
3408	election to a judicial office or the office of school board
3409	member, except write-in judicial or school board candidates,
3410	shall, during the time for qualifying, pay to the officer with
3411	whom he or she qualifies a qualifying fee, which shall consist
3412	of a filing fee and an election assessment, or qualify by the
3413	petition process alternative method. The amount of the filing
3414	fee is 3 percent of the annual salary of the office sought. The
3415	amount of the election assessment is 1 percent of the annual
3416	salary of the office sought. The Department of State shall
3417	forward all filing fees to the Department of Revenue for deposit
3418	in the Elections Commission Trust Fund. The supervisor of
3419	elections shall forward all filing fees to the Elections
3420	Commission Trust Fund. The election assessment shall be
3421	deposited into the Elections Commission Trust Fund. The annual
3422	salary of the office for purposes of computing the qualifying
3423	fee shall be computed by multiplying 12 times the monthly salary
3424	authorized for such office as of July 1 immediately preceding
3425	the first day of qualifying. This subsection shall not apply to
3426	candidates qualifying for retention to judicial office.
3427	(5)  ITEMS REQUIRED TO BE FILED.--
3428	(a)  In order for a candidate for judicial office or the
3429	office of school board member to be qualified, the following
3430	items must be received by the filing officer by the end of the
3431	qualifying period:
3432	1.  Except for candidates for retention to judicial office,
3433	a properly executed check drawn upon the candidate's campaign
3434	account in an amount not less than the fee required by
3435	subsection (3) or, in lieu thereof, the copy of the notice of
3436	obtaining ballot position pursuant to s. 105.035. If a
3437	candidate's check is returned by the bank for any reason, the
3438	filing officer shall immediately notify the candidate and the
3439	candidate shall, the end of qualifying notwithstanding, have 48
3440	hours from the time such notification is received, excluding
3441	Saturdays, Sundays, and legal holidays, to pay the fee with a
3442	cashier's check purchased from funds of the campaign account.
3443	Failure to pay the fee as provided in this subparagraph shall
3444	disqualify the candidate.
3445	2.  The candidate's oath required by subsection (4), which
3446	must contain the name of the candidate as it is to appear on the
3447	ballot; the office sought, including the district or group
3448	number if applicable; and the signature of the candidate, duly
3449	acknowledged.
3450	3.  The loyalty oath required by s. 876.05, signed by the
3451	candidate and duly acknowledged.
3452	4.  The completed form for the appointment of campaign
3453	treasurer and designation of campaign depository, as required by
3454	s. 106.021. In addition, each candidate for judicial office,
3455	including an incumbent judge, shall file a statement with the
3456	qualifying officer, within 10 days after filing the appointment
3457	of campaign treasurer and designation of campaign depository,
3458	stating that the candidate has read and understands the
3459	requirements of the Florida Code of Judicial Conduct. Such
3460	statement shall be in substantially the following form:
3461
3462	Statement of Candidate for Judicial Office
3463
3464	I,   (name of candidate)  , a judicial candidate, have received,
3465	read, and understand the requirements of the Florida Code of
3466	Judicial Conduct.
3467	(Signature of candidate)
3468	(Date)
3469
3470	5.  The full and public disclosure of financial interests
3471	required by s. 8, Art. II of the State Constitution or the
3472	statement of financial interests required by s. 112.3145,
3473	whichever is applicable. A public officer who has filed the full
3474	and public disclosure or statement of financial interests with
3475	the Commission on Ethics or the supervisor of elections prior to
3476	qualifying for office does not have to file a disclosure at the
3477	time of qualifying.
3478	(6)  Notwithstanding the qualifying period prescribed in
3479	this section, a filing officer may accept and hold qualifying
3480	papers submitted not earlier than 14 days prior to the beginning
3481	of the qualifying period to be processed and filed during the
3482	qualifying period.
3483	Section 66.  Section 105.035, Florida Statutes, is amended
3484	to read:
3485	105.035  Petition process for Alternative method of
3486	qualifying for certain judicial offices and the office of school
3487	board member.--
3488	(1)  A person seeking to qualify for election to the office
3489	of circuit judge or county court judge or the office of school
3490	board member may qualify for election to such office by means of
3491	the petitioning process prescribed in this section. A person
3492	qualifying by this petition process alternative method shall not
3493	be required to pay the qualifying fee required by this chapter.
3494	A person using this petitioning process shall file an oath with
3495	the officer before whom the candidate would qualify for the
3496	office stating that he or she intends to qualify by this
3497	alternative method for the office sought. Such oath shall be
3498	filed at any time after the first Tuesday after the first Monday
3499	in January of the year in which the election is held, but prior
3500	to the 21st day preceding the first day of the qualifying period
3501	for the office sought. The form of such oath shall be prescribed
3502	by the Division of Elections. No signatures shall be obtained
3503	until the person has filed the oath prescribed in this
3504	subsection.
3505	(2)  Upon receipt of a written oath from a candidate, The
3506	qualifying officer shall provide the candidate with a petition
3507	format shall be prescribed by the Division of Elections and
3508	shall to be used by the candidate to reproduce petitions for
3509	circulation. If the candidate is running for an office which
3510	will be grouped on the ballot with two or more similar offices
3511	to be filled at the same election, the candidate's petition must
3512	indicate, prior to the obtaining of registered electors'
3513	signatures, for which group or district office the candidate is
3514	running.
3515	(3)  Each candidate for election to a judicial office or
3516	the office of school board member shall obtain the signature of
3517	a number of qualified electors equal to at least 1 percent of
3518	the total number of registered electors of the district,
3519	circuit, county, or other geographic entity represented by the
3520	office sought as shown by the compilation by the Department of
3521	State for the last preceding general election. A separate
3522	petition shall be circulated for each candidate availing himself
3523	or herself of the provisions of this section. Signatures may not
3524	be obtained until the candidate has filed the appointment of
3525	campaign treasurer and designation of campaign depository
3526	pursuant to s. 106.021.
3527	(4)(a)  Each candidate seeking to qualify for election to
3528	the office of circuit judge or the office of school board member
3529	from a multicounty school district pursuant to this section
3530	shall file a separate petition from each county from which
3531	signatures are sought. Each petition shall be submitted, prior
3532	to noon of the 28th 21st day preceding the first day of the
3533	qualifying period for the office sought, to the supervisor of
3534	elections of the county for which such petition was circulated.
3535	Each supervisor of elections to whom a petition is submitted
3536	shall check the signatures on the petition to verify their
3537	status as electors of that county and of the geographic area
3538	represented by the office sought. No later than the 7th day
3539	before Prior to the first date for qualifying, the supervisor
3540	shall certify the number shown as registered electors and submit
3541	such certification to the Division of Elections. The division
3542	shall determine whether the required number of signatures has
3543	been obtained for the name of the candidate to be placed on the
3544	ballot and shall notify the candidate. If the required number of
3545	signatures has been obtained, the candidate shall, during the
3546	time prescribed for qualifying for office, submit a copy of such
3547	notice and file his or her qualifying papers and oath prescribed
3548	in s. 105.031 with the Division of Elections. Upon receipt of
3549	the copy of such notice and qualifying papers, the division
3550	shall certify the name of the candidate to the appropriate
3551	supervisor or supervisors of elections as having qualified for
3552	the office sought.
3553	(b)  Each candidate seeking to qualify for election to the
3554	office of county court judge or the office of school board
3555	member from a single county school district pursuant to this
3556	section shall submit his or her petition, prior to noon of the
3557	28th 21st day preceding the first day of the qualifying period
3558	for the office sought, to the supervisor of elections of the
3559	county for which such petition was circulated. The supervisor
3560	shall check the signatures on the petition to verify their
3561	status as electors of the county and of the geographic area
3562	represented by the office sought. No later than the 7th day
3563	before Prior to the first date for qualifying, the supervisor
3564	shall determine whether the required number of signatures has
3565	been obtained for the name of the candidate to be placed on the
3566	ballot and shall notify the candidate. If the required number of
3567	signatures has been obtained, the candidate shall, during the
3568	time prescribed for qualifying for office, submit a copy of such
3569	notice and file his or her qualifying papers and oath prescribed
3570	in s. 105.031 with the qualifying officer. Upon receipt of the
3571	copy of such notice and qualifying papers, such candidate shall
3572	be entitled to have his or her name printed on the ballot.
3573	Section 67.  Section 98.122, Florida Statutes, is
3574	transferred and renumbered as section 106.165, Florida Statutes.
3575	Section 68.  Subsections (10), (11), and (12) of section
3576	106.22, Florida Statutes, are amended to read:
3577	106.22  Duties of the Division of Elections.--It is the
3578	duty of the Division of Elections to:
3579	(11)  Conduct preliminary investigations into any
3580	irregularities or fraud involving voter registration or voting
3581	and report its findings to the state attorney for the judicial
3582	circuit in which the alleged violation occurred for prosecution,
3583	where warranted. The Department of State may prescribe by rule
3584	requirements for filing a complaint of voter fraud and for
3585	investigating any such complaint.
3586	(11)(12)  Conduct random audits with respect to reports and
3587	statements filed under this chapter and with respect to alleged
3588	failure to file any reports and statements required under this
3589	chapter.
3590	Section 69.  Subsection (6) of section 106.24, Florida
3591	Statutes, is amended to read:
3592	106.24  Florida Elections Commission; membership; powers;
3593	duties.--
3594	(6)  There is hereby established in the State Treasury an
3595	Elections Commission Trust Fund to be utilized by the Division
3596	of Elections and the Florida Elections Commission in order to
3597	carry out their duties pursuant to ss. 106.24-106.28. The trust
3598	fund may also be used by the Secretary of State division,
3599	pursuant to his or her its authority under s. 97.012(14)
3600	106.22(11), to provide rewards for information leading to
3601	criminal convictions related to voter registration fraud, voter
3602	fraud, and vote scams.
3603	Section 70.  Paragraph (a) of subsection (1) of section
3604	16.56, Florida Statutes, is amended to read:
3605	16.56  Office of Statewide Prosecution.--
3606	(1)  There is created in the Department of Legal Affairs an
3607	Office of Statewide Prosecution. The office shall be a separate
3608	"budget entity" as that term is defined in chapter 216. The
3609	office may:
3610	(a)  Investigate and prosecute the offenses of:
3611	1.  Bribery, burglary, criminal usury, extortion, gambling,
3612	kidnapping, larceny, murder, prostitution, perjury, robbery,
3613	carjacking, and home-invasion robbery;
3614	2.  Any crime involving narcotic or other dangerous drugs;
3615	3.  Any violation of the provisions of the Florida RICO
3616	(Racketeer Influenced and Corrupt Organization) Act, including
3617	any offense listed in the definition of racketeering activity in
3618	s. 895.02(1)(a), providing such listed offense is investigated
3619	in connection with a violation of s. 895.03 and is charged in a
3620	separate count of an information or indictment containing a
3621	count charging a violation of s. 895.03, the prosecution of
3622	which listed offense may continue independently if the
3623	prosecution of the violation of s. 895.03 is terminated for any
3624	reason;
3625	4.  Any violation of the provisions of the Florida Anti-
3626	Fencing Act;
3627	5.  Any violation of the provisions of the Florida
3628	Antitrust Act of 1980, as amended;
3629	6.  Any crime involving, or resulting in, fraud or deceit
3630	upon any person;
3631	7.  Any violation of s. 847.0135, relating to computer
3632	pornography and child exploitation prevention, or any offense
3633	related to a violation of s. 847.0135;
3634	8.  Any violation of the provisions of chapter 815;
3635	9.  Any criminal violation of part I of chapter 499;
3636	10.  Any violation of the provisions of the Florida Motor
3637	Fuel Tax Relief Act of 2004; or
3638	11.  Any criminal violation of s. 409.920 or s. 409.9201;
3639	or
3640	12.  Any crime involving voter registration, voting, or
3641	candidate or issue petition activities.
3642
3643	or any attempt, solicitation, or conspiracy to commit any of the
3644	crimes specifically enumerated above. The office shall have such
3645	power only when any such offense is occurring, or has occurred,
3646	in two or more judicial circuits as part of a related
3647	transaction, or when any such offense is connected with an
3648	organized criminal conspiracy affecting two or more judicial
3649	circuits.
3650	Section 71.  Subsection (8) of section 112.3145, Florida
3651	Statutes, is amended to read:
3652	112.3145  Disclosure of financial interests and clients
3653	represented before agencies.--
3654	(8)  A public officer who has filed a disclosure for any
3655	calendar or fiscal year shall not be required to file a second
3656	disclosure for the same year or any part thereof,
3657	notwithstanding any requirement of this act, except that any
3658	public officer who qualifies as a candidate for public office
3659	shall file a copy of the disclosure with the officer before whom
3660	he or she qualifies as a candidate at the time of qualification.
3661	Section 72.  Subsection (5) of section 119.07, Florida
3662	Statutes, is amended to read:
3663	119.07  Inspection and copying of records; photographing
3664	public records; fees; exemptions.--
3665	(5)  When ballots are produced under this section for
3666	inspection or examination, no persons other than the supervisor
3667	of elections or the supervisor's employees shall touch the
3668	ballots. If the ballots are being examined prior to the end of
3669	the contest period in s. 102.168, the supervisor of elections
3670	shall make a reasonable effort to notify all candidates by
3671	telephone or otherwise of the time and place of the inspection
3672	or examination. All such candidates, or their representatives,
3673	shall be allowed to be present during the inspection or
3674	examination.
3675	Section 73.  Paragraph (a) of subsection (3) of section
3676	145.09, Florida Statutes, is amended to read:
3677	145.09  Supervisor of elections.--
3678	(3)(a)  There shall be an additional $2,000 per year
3679	special qualification salary for each supervisor of elections
3680	who has met the certification requirements established by the
3681	Division of Elections of the Department of State. The Department
3682	of State shall adopt rules to establish the certification
3683	requirements. Any supervisor who is certified during a calendar
3684	year shall receive in that year a pro rata share of the special
3685	qualification salary based on the remaining period of the year.
3686	Section 74.  Sections 98.095, 98.0979, 98.181, 98.481,
3687	101.253, 101.635, 102.061, 106.085, and 106.144, Florida
3688	Statutes, are repealed.
3689	Section 75.  If any provision of this act or its
3690	application to any person or circumstance is held invalid, the
3691	invalidity does not affect other provisions or applications of
3692	the act which can be given effect without the invalid provision
3693	or application and to this end the provisions of this act are
3694	severable.
3695	Section 76.  This act shall take effect January 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.