HB 1567

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

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