HB 1567

1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	authorizing the Secretary of State to investigate voter
4	fraud; authorizing the Department of State to adopt rules;
5	amending s. 97.021, F.S.; defining the term "marksense
6	ballots"; defining the terms "early voting area," "early
7	voting site," and "third-party voter registration
8	organization"; amending s. 97.051, F.S.; revising the oath
9	required upon registering to vote; amending s. 97.052,
10	F.S.; revising the contents of the uniform statewide voter
11	registration application; amending s. 97.053, F.S.;
12	revising provisions governing the acceptance of voter
13	registration applications by the supervisor of elections;
14	requiring that an applicant complete a registration
15	application before the date of book closing in order to be
16	eligible to vote in that election; revising the
17	information required on the registration application;
18	amending s. 97.055, F.S.; limiting the updates that may be
19	made to registration information following book closing;
20	creating s. 97.0575, F.S.; providing requirements for
21	third-party voter registration organizations that collect
22	voter-registration applications; providing fines for
23	failure to deliver applications as required; authorizing
24	the Division of Elections to adopt rules to administer
25	provisions governing third-party voter registration
26	organizations; amending s. 97.071, F.S.; specifying the
27	information to be included on the registration
28	identification card; amending s. 98.045, F.S.; deleting a
29	cross-reference; amending s. 98.077, F.S.; revising the
30	procedures for updating a voter signature used to verify
31	an absentee ballot or provisional ballot; amending s.
32	99.061, F.S.; providing for qualifying for nomination or
33	election by the petition process; requiring the filing of
34	statements of financial interest; requiring that a
35	qualifying officer accept certain qualifying papers filed
36	before the qualifying period; amending s. 99.063, F.S.;
37	providing filing requirements for public officers;
38	amending s. 99.092, F.S., relating to qualifying fees;
39	clarifying provisions governing qualifying for nomination
40	or election by the petition process to conform to changes
41	made by the act; amending s. 99.095, F.S.; revising the
42	requirements for qualifying as a candidate by a petition
43	process in lieu of paying a qualifying fee and party
44	assessment; providing requirements for submitting
45	petitions and certifications; requiring that the division
46	or supervisor of elections, as applicable, determine
47	whether the required number of signatures has been
48	obtained; amending s. 99.0955, F.S.; providing procedures
49	for a candidate having no party affiliation to qualify by
50	the petition process; amending s. 99.096, F.S.; revising
51	the procedures for a minor political party to submit
52	nominated candidates to be on the general election ballot;
53	providing for candidates to qualify by the petition
54	process; amending s. 99.09651, F.S., relating to signature
55	requirements for ballot position; conforming provisions to
56	changes made by the act; amending s. 100.011, F.S.;
57	requiring that an elector in line at the time the polls
58	close be allowed to vote; amending s. 100.101, F.S.;
59	revising the circumstances under which a special election
60	or primary is held; amending s. 100.111, F.S.; revising
61	requirements for filling a vacancy in a nomination;
62	requiring that ballots cast for a former nominee be
63	counted for the person designated to replace the nominee
64	under certain circumstances; amending s. 100.141, F.S.,
65	relating to the notice of a special election; conforming
66	provisions to changes made by the act; amending s.
67	101.031, F.S.; revising the Voter's Bill of Rights to
68	authorize a provisional ballot if a person's identity is
69	in question; amending s. 101.043, F.S.; revising the
70	procedures for a voter to provide identification when
71	voting; amending s. 101.048, F.S.; providing for certain
72	additional voters to cast provisional ballots; providing
73	requirements for presenting evidence in support of a
74	person's right to vote; requiring that the county
75	canvassing board count such a ballot unless it determines
76	by a preponderance of the evidence that the person was not
77	entitled to vote; requiring that a person casting a
78	provisional ballot be informed of certain rights; amending
79	s. 101.049, F.S.; providing requirements for ballots for
80	persons with disabilities; amending s. 101.051, F.S.;
81	prohibiting certain solicitations to provide assistance to
82	an elector; providing a penalty; authorizing an elector to
83	request that a person other than an election official
84	provide him or her with assistance in voting; providing
85	for the form of the oath to be signed; amending s.
86	101.111, F.S.; revising the requirements for challenging
87	an elector's right to vote; providing a penalty for filing
88	a frivolous challenge; amending s. 101.131, F.S.; revising
89	requirements for poll watchers; authorizing certain
90	political committees to have poll watchers; prohibiting a
91	poll watcher from interacting with a voter; providing for
92	poll watchers at early voting areas; amending s. 101.151,
93	F.S.; providing requirements for marksense ballots;
94	amending s. 101.171, F.S.; requiring that a copy of a
95	proposed constitutional amendment be available at voting
96	locations; amending s. 101.294, F.S.; prohibiting a vendor
97	of voting equipment from providing systems, components, or
98	system upgrades to a local governing body or supervisor of
99	elections which have not been certified by the Division of
100	Elections; requiring that the vendor provide sworn
101	certification of such equipment; amending s. 101.295,
102	F.S.; providing a penalty for providing voting equipment
103	in violation of ch. 101, F.S.; amending s. 101.49, F.S.;
104	revising the procedures for verifying an elector's
105	signature; amending s. 101.51, F.S.; requiring that an
106	elector occupy a voting booth alone; amending s. 101.5606,
107	F.S., relating to requirements for approval of voting
108	systems, to conform; amending s. 101.5608, F.S., relating
109	to voting by electronic or electromechanical methods, to
110	conform; amending s. 101.5612, F.S.; providing
111	requirements for testing voting equipment; amending s.
112	101.5614, F.S.; correcting a cross-reference; amending s.
113	101.572, F.S.; requiring that the supervisor of elections
114	notify the candidates if ballots are examined before the
115	end of the contest; amending s. 101.58, F.S.; authorizing
116	employees of the department to have access to the
117	premises, records, equipment, and staff of the supervisors
118	of elections; amending s. 101.595, F.S.; requiring that
119	certain overvotes and undervotes be reported to the
120	department; amending s. 101.6103, F.S.; authorizing the
121	canvassing board to begin canvassing before the election;
122	prohibiting the release of results before election day;
123	providing a penalty for any early release of results;
124	requiring that a mail ballot that otherwise satisfies the
125	requirements of law for mail ballots be counted even if
126	the elector dies after mailing the ballot but before
127	election day if certain conditions are met; amending s.
128	101.62, F.S.; revising the requirements for mailing
129	absentee ballots to voters; amending s. 101.64, F.S.;
130	providing for an oath to be provided to persons voting
131	absentee under the Uniformed and Overseas Citizens
132	Absentee Voting Act; amending s. 101.657, F.S.; revising
133	requirements relating to early voting locations; revising
134	the times to begin and end early voting and the times for
135	opening and closing the early voting sites each day;
136	providing for uniformity of county early voting sites;
137	requiring any person in line at the closing of an early
138	voting site to be allowed to vote; providing for early
139	voting in municipal and special district elections;
140	requiring supervisors to provide certain information in
141	electronic format to the Division of Elections; requiring
142	that an early voting ballot that otherwise satisfies the
143	requirements of law for early voting ballots be counted
144	even if the elector dies on or before election day;
145	amending s. 101.663, F.S.; providing for certain persons
146	to vote absentee after moving to another state; amending
147	s. 101.68, F.S.; prohibiting changing a voter's
148	certificate after the absentee ballot is received by the
149	supervisor; providing that electors who die on or before
150	election day and have cast an absentee ballot shall remain
151	on the voter registration books until the election is
152	certified; providing that the ballot of an elector who
153	casts an absentee ballot shall be counted even if the
154	elector dies on or before election day if certain
155	conditions are met; amending s. 101.69, F.S.; prohibiting
156	a voter from voting another ballot after casting an
157	absentee ballot; providing for a provisional ballot under
158	certain circumstances; amending s. 101.6923, F.S.;
159	providing for the form of the printed instructions on an
160	absentee ballot; amending s. 101.694, F.S.; providing
161	requirements for absentee envelopes printed for voters
162	voting under the Uniformed and Overseas Citizens Absentee
163	Voting Act; amending s. 101.697, F.S.; requiring the
164	Department of State to determine whether secure electronic
165	ballots may be provided for overseas voters; requiring
166	that the department adopt rules for accepting overseas
167	ballots; amending s. 102.012, F.S.; requiring the
168	supervisor of elections to appoint an election board
169	before any election; providing duties of the board;
170	amending s. 102.014, F.S.; requiring that the Division of
171	Elections develop a uniform training curriculum for poll
172	workers; amending s. 102.031, F.S.; providing requirements
173	for maintaining order at early voting areas; requiring the
174	designation of a no-solicitation zone; prohibiting
175	photography in a polling room or early voting area;
176	amending s. 102.071, F.S.; revising requirements for
177	tabulating votes; amending s. 102.111, F.S.; providing for
178	corrections to be made to the official election returns;
179	amending s. 102.112, F.S.; requiring that a return contain
180	a certification by the canvassing board; authorizing the
181	Department of State to correct typographical errors;
182	amending s. 102.141, F.S.; revising requirements for the
183	canvassing boards in submitting returns to the department;
184	providing requirements for the report filed by the
185	canvassing board; requiring the department to adopt rules
186	for filing results and statistical information; amending
187	s. 102.166, F.S.; revising the circumstances under which a
188	manual recount may be ordered; amending s. 102.168, F.S.;
189	requiring that complaints be filed with the board
190	responsible for certifying the election results;
191	specifying the parties to an action who may contest an
192	election or nomination; amending s. 103.021, F.S.;
193	providing for nomination of presidential electors by the
194	state executive committee of each political party;
195	defining the term "national party" for purposes of
196	nominating a candidate for President and Vice President of
197	the United States; amending ss. 103.051 and 103.061, F.S.;
198	specifying duties of the presidential electors; amending
199	s. 103.121, F.S.; revising powers and duties of executive
200	committees to conform to changes made by the act; amending
201	s. 105.031, F.S.; providing for public officers to file a
202	statement of financial interests at the time of
203	qualifying; requiring that a filing officer accept certain
204	qualifying papers filed before the qualifying period;
205	amending s. 105.035, F.S.; revising procedures for
206	qualifying for certain judicial offices and the office of
207	school board member; prohibiting a candidate from
208	obtaining signatures until appointing a campaign treasurer
209	and designating a campaign depository; revising the
210	requirements for the supervisor of elections with respect
211	to certifying signatures; creating s. 106.022, F.S.;
212	requiring that a political committee, committee of
213	continuous existence, or electioneering communications
214	entity maintain a registered office and registered agent;
215	providing requirements for the statement of appointment;
216	prohibiting political parties from accepting certain in-
217	kind contributions; amending s. 106.24, F.S.; clarifying
218	the duties of the Secretary of State; amending s. 106.141,
219	F.S., relating to the disposition of surplus funds;
220	conforming provisions to changes made by the act;
221	transferring and renumbering s. 98.122, F.S., relating to
222	the use of closed captioning and descriptive narrative in
223	television broadcasts; amending s. 106.22, F.S.;
224	eliminating certain duties of the Division of Elections
225	with respect to reports to the Legislature and preliminary
226	investigations; amending s. 16.56, F.S.; authorizing the
227	Office of Statewide Prosecution to investigate and
228	prosecute crimes involving voter registration, voting, or
229	certain petition activities; amending s. 119.07, F.S.;
230	clarifying requirements of the supervisor of elections
231	with respect to notifying candidates of the inspection of
232	ballots; amending s. 145.09, F.S.; requiring that the
233	Department of State adopt rules establishing certification
234	requirements for supervisors of elections; creating s.
235	104.0615, F.S.; providing a short title; prohibiting a
236	person from using or threatening to use force, violence,
237	or intimidation to induce or compel an individual to vote
238	or refrain from voting, to refrain from registering to
239	vote, or to refrain from acting as an election official or
240	poll watcher; prohibiting a person from knowingly using
241	false information to challenge an individual's right to
242	vote, to induce an individual to refrain from registering
243	to vote, or to induce or attempt to induce an individual
244	to refrain from acting as an election official or poll
245	watcher; prohibiting a person from knowingly destroying,
246	mutilating, or defacing a voter registration form or
247	election ballot or obstructing or delaying the delivery of
248	a voter registration form or election ballot; providing
249	criminal penalties; repealing ss. 98.095, 98.0979, 98.181,
250	98.481, 101.253, 101.635, 102.061, 106.085, and 106.144,
251	F.S., relating to inspections of county registers and the
252	voter database, indexes and records, challenges to
253	elections, the printing and distribution of ballots,
254	duties of the election board, expenditures, and
255	endorsements or opposition by certain groups; providing
256	for severability; providing effective dates.
257
258	Be It Enacted by the Legislature of the State of Florida:
259
260	Section 1.  Section 97.012, Florida Statutes, is amended to
261	read:
262	97.012  Secretary of State as chief election officer.--The
263	Secretary of State is the chief election officer of the state,
264	and it is his or her responsibility to:
265	(1)  Obtain and maintain uniformity in the application,
266	operation, and interpretation of the election laws.
267	(2)  Provide uniform standards for the proper and equitable
268	implementation of the registration laws.
269	(3)  Actively seek out and collect the data and statistics
270	necessary to knowledgeably scrutinize the effectiveness of
271	election laws.
272	(4)  Provide technical assistance to the supervisors of
273	elections on voter education and election personnel training
274	services.
275	(5)  Provide technical assistance to the supervisors of
276	elections on voting systems.
277	(6)  Provide voter education assistance to the public.
278	(7)  Coordinate the state's responsibilities under the
279	National Voter Registration Act of 1993.
280	(8)  Provide training to all affected state agencies on the
281	necessary procedures for proper implementation of this chapter.
282	(9)  Ensure that all registration applications and forms
283	prescribed or approved by the department are in compliance with
284	the Voting Rights Act of 1965 and the National Voter
285	Registration Act of 1993.
286	(10)  Coordinate with the United States Department of
287	Defense so that armed forces recruitment offices administer
288	voter registration in a manner consistent with the procedures
289	set forth in this code for voter registration agencies.
290	(11)  Create and administer maintain a statewide voter
291	registration system as required by the Help America Vote Act of
292	2002 database.
293	(12)  Maintain a voter fraud hotline and provide election
294	fraud education to the public.
295	(13)  Designate an office within the department to be
296	responsible for providing information regarding voter
297	registration procedures and absentee ballot procedures to absent
298	uniformed services voters and overseas voters.
299	(14)  Conduct preliminary investigations into any
300	irregularities or fraud involving voter registration, voting, or
301	candidate or issue petition activities and report his or her
302	findings to the statewide prosecutor or the state attorney for
303	the judicial circuit in which the alleged violation occurred for
304	prosecution, if warranted. The Department of State may prescribe
305	by rule requirements for filing an elections-fraud complaint and
306	for investigating any such complaint.
307	Section 2.  Subsection (3) and present subsections (24) and
308	(39) of section 97.021, Florida Statutes, are amended, present
309	subsections (8) through (33) of that section are redesignated as
310	subsections (10) through (35), respectively, present subsections
311	(34) through (39) of that section are redesignated as
312	subsections (37) through (42), respectively, and new subsections
313	(8), (9), and (36) are added to that section, to read:
314	97.021  Definitions.--For the purposes of this code, except
315	where the context clearly indicates otherwise, the term:
316	(3)  "Ballot" or "official ballot" when used in reference
317	to:
318	(a)  "Marksense Paper ballots" means that printed sheet of
319	paper, used in conjunction with an electronic or
320	electromechanical vote tabulation voting system, containing the
321	names of candidates, or a statement of proposed constitutional
322	amendments or other questions or propositions submitted to the
323	electorate at any election, on which sheet of paper an elector
324	casts his or her vote.
325	(b)  "Electronic or electromechanical devices" means a
326	ballot that is voted by the process of electronically
327	designating, including by touchscreen, or marking with a marking
328	device for tabulation by automatic tabulating equipment or data
329	processing equipment.
330	(8)  "Early voting area" means the area designated by the
331	supervisor of elections at an early voting site at which early
332	voting activities occur, including, but not limited to, lines of
333	voters waiting to be processed, the area where voters check in
334	and are processed, and the area where voters cast their ballots.
335	(9)  "Early voting site" means those locations specified in
336	s. 101.657 and the building in which early voting occurs.
337	(26)(24)  "Polling room" means the actual room in which
338	ballots are cast on election day and during early voting.
339	(36)  "Third-party registration organization" means any
340	person, entity, or organization soliciting or collecting voter
341	registration applications. A third-party voter registration
342	organization does not include:
343	(a)  A political party;
344	(b)  A person who seeks only to register to vote or collect
345	voter registration applications from that person's spouse,
346	child, or parent; or
347	(c)  A person engaged in registering to vote or collecting
348	voter registration applications as an employee or agent of the
349	division, supervisor of elections, Department of Highway Safety
350	and Motor Vehicles, or a voter registration agency.
351	(42)(39)  "Voting system" means a method of casting and
352	processing votes that functions wholly or partly by use of
353	electromechanical or electronic apparatus or by use of marksense
354	paper ballots and includes, but is not limited to, the
355	procedures for casting and processing votes and the programs,
356	operating manuals, supplies tabulating cards, printouts, and
357	other software necessary for the system's operation.
358	Section 3.  Section 97.051, Florida Statutes, is amended to
359	read:
360	97.051  Oath upon registering.--A person registering to
361	vote must subscribe to the following oath: "I do solemnly swear
362	(or affirm) that I will protect and defend the Constitution of
363	the United States and the Constitution of the State of Florida,
364	that I am qualified to register as an elector under the
365	Constitution and laws of the State of Florida, and that all
366	information provided in this application is true I am a citizen
367	of the United States and a legal resident of Florida."
368	Section 4.  Section 97.052, Florida Statutes, is amended to
369	read:
370	97.052  Uniform statewide voter registration application.--
371	(1)  The department shall prescribe a uniform statewide
372	voter registration application for use in this state.
373	(a)  The uniform statewide voter registration application
374	must be accepted for any one or more of the following purposes:
375	1.  Initial registration.
376	2.  Change of address.
377	3.  Change of party affiliation.
378	4.  Change of name.
379	5.  Replacement of a voter registration identification
380	card.
381	6.  Signature update.
382	(b)  The department is responsible for printing the uniform
383	statewide voter registration application and the voter
384	registration application form prescribed by the Federal Election
385	Assistance Commission pursuant to federal law the National Voter
386	Registration Act of 1993. The applications and forms must be
387	distributed, upon request, to the following:
388	1.  Individuals seeking to register to vote.
389	2.  Individuals or groups conducting voter registration
390	programs. A charge of 1 cent per application shall be assessed
391	on requests for 10,000 or more applications.
392	3.  The Department of Highway Safety and Motor Vehicles.
393	4.  Voter registration agencies.
394	5.  Armed forces recruitment offices.
395	6.  Qualifying educational institutions.
396	7.  Supervisors, who must make the applications and forms
397	available in the following manner:
398	a.  By distributing the applications and forms in their
399	offices to any individual or group.
400	b.  By distributing the applications and forms at other
401	locations designated by each supervisor.
402	c.  By mailing the applications and forms to applicants
403	upon the request of the applicant.
404	(c)  The uniform statewide voter registration application
405	may be reproduced by any private individual or group, provided
406	the reproduced application is in the same format as the
407	application prescribed under this section.
408	(2)  The uniform statewide voter registration application
409	must be designed to elicit the following information from the
410	applicant:
411	(a)  Full name.
412	(b)  Date of birth.
413	(c)  Address of legal residence.
414	(d)  Mailing address, if different.
415	(e)  County of legal residence.
416	(f)  Address of property for which the applicant has been
417	granted a homestead exemption, if any.
418	(f)(g)  Race or ethnicity that best describes the
419	applicant:
420	1.  American Indian or Alaskan Native.
421	2.  Asian or Pacific Islander.
422	3.  Black, not Hispanic.
423	4.  White, not Hispanic.
424	5.  Hispanic.
425	(g)(h)  State or country of birth.
426	(h)(i)  Sex.
427	(i)(j)  Party affiliation.
428	(j)(k)  Whether the applicant needs assistance in voting.
429	(k)(l)  Name and address where last registered.
430	(l)(m)  Last four digits of the applicant's social security
431	number.
432	(m)(n)  Florida driver's license number or the
433	identification number from a Florida identification card issued
434	under s. 322.051.
435	(n)(o)  Telephone number (optional).
436	(o)(p)  Signature of applicant under penalty for false
437	swearing pursuant to s. 104.011, by which the person subscribes
438	to the oath required by s. 3, Art. VI of the State Constitution
439	and s. 97.051, and swears or affirms that the information
440	contained in the registration application is true.
441	(p)(q)  Whether the application is being used for initial
442	registration, to update a voter registration record, or to
443	request a replacement registration identification card.
444	(q)(r)  Whether the applicant is a citizen of the United
445	States by asking the question "Are you a citizen of the United
446	States of America?" and providing boxes for the applicant to
447	check to indicate whether the applicant is or is not a citizen
448	of the United States.
449	(r)(s)  Whether That the applicant has not been convicted
450	of a felony, and or, if convicted, has had his or her civil
451	rights restored by including the statement "I affirm I am not a
452	convicted felon, or if I am, my rights relating to voting have
453	been restored" and providing a box for the applicant to affirm
454	the statement.
455	(s)(t)  Whether That the applicant has not been adjudicated
456	mentally incapacitated with respect to voting or, if so
457	adjudicated, has had his or her right to vote restored by
458	including the statement "I affirm I have not been adjudicated
459	mentally incapacitated with respect to voting or, if I have, my
460	competency has been restored" and providing a box for the
461	applicant to check to affirm the statement.
462
463	The registration form must be in plain language and designed so
464	that convicted felons whose civil rights have been restored and
465	persons who have been adjudicated mentally incapacitated and
466	have had their voting rights restored are not required to reveal
467	their prior conviction or adjudication.
468	(3)  The uniform statewide voter registration application
469	must also contain:
470	(a)  The oath required by s. 3, Art. VI of the State
471	Constitution and s. 97.051.
472	(b)  A statement specifying each eligibility requirement
473	under s. 97.041.
474	(c)  The penalties provided in s. 104.011 for false
475	swearing in connection with voter registration.
476	(d)  A statement that, if an applicant declines to register
477	to vote, the fact that the applicant has declined to register
478	will remain confidential and may be used only for voter
479	registration purposes.
480	(e)  A statement that informs the applicant who chooses to
481	register to vote or update a voter registration record that the
482	office at which the applicant submits a voter registration
483	application or updates a voter registration record will remain
484	confidential and may be used only for voter registration
485	purposes.
486	(f)  A statement that informs the applicant that any person
487	who has been granted a homestead exemption in this state, and
488	who registers to vote in any precinct other than the one in
489	which the property for which the homestead exemption has been
490	granted, shall have that information forwarded to the property
491	appraiser where such property is located, which may result in
492	the person's homestead exemption being terminated and the person
493	being subject to assessment of back taxes under s. 193.092,
494	unless the homestead granted the exemption is being maintained
495	as the permanent residence of a legal or natural dependent of
496	the owner and the owner resides elsewhere.
497	(f)(g)  A statement informing an the applicant who has not
498	been issued a Florida driver's license, a Florida identification
499	card, or a social security number that if the application form
500	is submitted by mail and the applicant is registering for the
501	first time in Florida, the applicant will be required to provide
502	identification prior to voting the first time.
503	(4)  A supervisor may produce a voter registration
504	application that has the supervisor's direct mailing address if
505	the department has reviewed the application and determined that
506	it is substantially the same as the uniform statewide voter
507	registration application.
508	(5)  The voter registration application form prescribed by
509	the Federal Election Assistance Commission pursuant to federal
510	law the National Voter Registration Act of 1993 or the federal
511	postcard application must be accepted as an application for
512	registration in this state if the completed application or
513	postcard application contains the information required by the
514	constitution and laws of this state.
515	Section 5.  Section 97.053, Florida Statutes, is amended to
516	read:
517	97.053  Acceptance of voter registration applications.--
518	(1)  Voter registration applications, changes in
519	registration, and requests for a replacement registration
520	identification card must be accepted in the office of any
521	supervisor, the division, a driver license office, a voter
522	registration agency, or an armed forces recruitment office when
523	hand delivered by the applicant or a third party during the
524	hours that office is open or when mailed.
525	(2)  A completed voter registration application is complete
526	and that contains the information necessary to establish an
527	applicant's eligibility pursuant to s. 97.041 becomes the
528	official voter registration record of that applicant when all
529	information necessary to establish the applicant's eligibility
530	pursuant to s. 97.041 is received by the appropriate supervisor.
531	If the applicant fails to complete his or her voter registration
532	application before the date of book closing for an election,
533	such applicant is not eligible to vote in that election.
534	(3)  The registration date for a valid initial voter
535	registration application that has been hand delivered is the
536	date when received by a driver license office, a voter
537	registration agency, an armed forces recruitment office, the
538	division, or the office of any supervisor in the state.
539	(4)  The registration date for a valid initial voter
540	registration application that has been mailed to a driver
541	license office, a voter registration agency, an armed forces
542	recruitment office, the division, or the office of any
543	supervisor in the state and bears a clear postmark is the date
544	of that the postmark. If an initial voter registration
545	application that has been mailed does not bear a postmark or if
546	the postmark is unclear, the registration date is the date the
547	registration is received by any supervisor or the division,
548	unless it is received within 5 days after the closing of the
549	books for an election, excluding Saturdays, Sundays, and legal
550	holidays, in which case the registration date is the book-
551	closing date.
552	(5)(a)  A voter registration application is complete if it
553	contains the following information necessary to establish
554	eligibility pursuant to s. 97.041:
555	1.  The applicant's name.
556	2.  The applicant's legal residence address.
557	3.  The applicant's date of birth.
558	4.  A mark in the checkbox affirming An indication that the
559	applicant is a citizen of the United States.
560	5.  The applicant's Florida driver's license number, the
561	identification number from a Florida identification card issued
562	under s. 322.051, or the last four digits of the applicant's
563	social security number.
564	6.  A mark in the checkbox affirming An indication that the
565	applicant has not been convicted of a felony or that, if
566	convicted, has had his or her civil rights restored.
567	7.  A mark in the checkbox affirming An indication that the
568	applicant has not been adjudicated mentally incapacitated with
569	respect to voting or that, if so adjudicated, has had his or her
570	right to vote restored.
571	8.  The original signature of the applicant swearing or
572	affirming under the penalty for false swearing pursuant to s.
573	104.011 that the information contained in the registration
574	application is true and subscribing to the oath required by s.
575	3, Art. VI of the State Constitution and s. 97.051.
576	(b)  An applicant who fails to designate party affiliation
577	must be registered without party affiliation. The supervisor
578	must notify the voter by mail that the voter has been registered
579	without party affiliation and that the voter may change party
580	affiliation as provided in s. 97.1031.
581	Section 6.  Subsection (1) of section 97.055, Florida
582	Statutes, is amended to read:
583	97.055  Registration books; when closed for an election.--
584	(1)  The registration books must be closed on the 29th day
585	before each election and must remain closed until after that
586	election. If an election is called and there are fewer than 29
587	days before that election, the registration books must be closed
588	immediately. When the registration books are closed for an
589	election, updates to a voter's name, address, and signature
590	pursuant to ss. 98.077 and 101.045 shall be the only changes
591	permitted for purposes of the upcoming election. Voter
592	registration applications and party changes must be accepted but
593	only for the purpose of subsequent elections. However, party
594	changes received between the book-closing date of the first
595	primary election and the date of the second primary election are
596	not effective until after the second primary election.
597	Section 7.  Section 97.0575, Florida Statutes, is created
598	to read:
599	97.0575  Third-party voter registrations.--
600	(1)  Prior to engaging in any voter-registration
601	activities, a third-party voter registration organization shall
602	name a registered agent in the state and submit to the division,
603	in a form adopted by the division, the name of the registered
604	agent and the name of those individuals responsible for the day-
605	to-day operation of the third-party voter registration
606	organization, including, if applicable, the names of the
607	entity's board of directors, president, vice president, managing
608	partner, or such other individuals engaged in similar duties or
609	functions. On or before the 15th day after the end of each
610	calendar quarter, each third-party voter registration
611	organization shall submit to the division a report providing the
612	date and location of any organized voter-registration drives
613	conducted by the organization in the prior calendar quarter.
614	(2)  The failure to submit the information required by
615	subsection (1) does not subject the third-party voter
616	registration organization to any civil or criminal penalties for
617	such failure and the failure to submit such information is not a
618	basis for denying such third-party voter registration
619	organization with copies of voter-registration application
620	forms.
621	(3)  A third-party voter registration organization that
622	collects voter-registration applications serves as a fiduciary
623	to the applicant, ensuring that any voter-registration
624	application entrusted to the third-party voter registration
625	organization, irrespective of party affiliation, race,
626	ethnicity, or gender shall be promptly delivered to the division
627	or the supervisor of elections. If a voter-registration
628	application collected by any third-party voter registration
629	organization is not delivered to the division or supervisor of
630	elections, the individual collecting the voter-registration
631	application, the registered agent, and those individuals
632	responsible for the day-to-day operation of the third-party
633	voter registration organization, including, if applicable, the
634	entity's board of directors, president, vice president, managing
635	partner, or such other individuals engaged in similar duties or
636	functions, shall be personally and jointly and severally liable
637	for the following fines:
638	(a)  A fine in the amount of $250 for each application
639	received by the division or the supervisor of elections more
640	than 10 days after the applicant delivered the completed voter-
641	registration application to the third-party voter registration
642	organization or any person, entity, or agent acting on its
643	behalf.
644	(b)  A fine in the amount of $500 for each application
645	collected by a third-party voter registration organization or
646	any person, entity, or agent acting on its behalf, prior to book
647	closing for any given election for federal or state office and
648	received by the division or the supervisor of elections after
649	the book closing deadline for such election.
650	(c)  A fine in the amount of $5,000 for each application
651	collected by a third-party voter registration organization or
652	any person, entity, or agent acting on its behalf, which is not
653	submitted to the division or supervisor of elections.
654
655	The fines provided in this subsection shall be reduced by three-
656	fourths in cases in which the third-party voter registration
657	organization has complied with subsection (1).
658	(4)(a)  The division shall adopt by rule a form to elicit
659	specific information concerning the facts and circumstances from
660	a person who claims to have been registered by a third-party
661	voter registration organization but who does not appear as an
662	active voter on the voter-registration rolls.
663	(b)  The division may investigate any violation of this
664	section. Civil fines shall be assessed by the division and
665	enforced through any appropriate legal proceedings.
666	(5)  The date on which an applicant signs a voter-
667	registration application is presumed to be the date on which the
668	third-party voter registration organization received or
669	collected the voter-registration application.
670	(6)  The civil fines provided in this section are in
671	addition to any applicable criminal penalties.
672	(7)  Fines collected pursuant to this section shall be
673	annually appropriated by the Legislature to the department for
674	enforcement of this section and for voter education.
675	(8)  The division may adopt rules to administer this
676	section.
677	Section 8.  Section 97.071, Florida Statutes, is amended to
678	read:
679	97.071  Registration identification card.--
680	(1)  The supervisor must furnish a registration
681	identification card must be furnished to all voters registering
682	under the permanent single registration system and must contain:
683	(a)  Voter's registration number.
684	(b)  Date of registration.
685	(c)  Full name.
686	(d)  Party affiliation.
687	(e)  Date of birth.
688	(f)  Race or ethnicity, if provided by the applicant.
689	(g)  Sex, if provided by the applicant.
690	(h)  Address of legal residence.
691	(i)  Precinct number.
692	(j)  Name of supervisor.
693	(k)  Place for voter's signature.
694	(l)  Other information deemed necessary by the department.
695	(2)  A voter may receive a replacement of a registration
696	identification card by providing a signed, written request for a
697	replacement card to the supervisor. Upon verification of
698	registration, the supervisor shall issue the voter a duplicate
699	card without charge.
700	(3)  In the case of a change of name, address, or party
701	affiliation, the supervisor must issue the voter a new
702	registration identification card. However, a registration
703	identification card indicating a party affiliation change made
704	between the book-closing date for the first primary election and
705	the date of the second primary election may not be issued until
706	after the second primary election.
707	Section 9.  Subsection (3) of section 98.045, Florida
708	Statutes, is amended to read:
709	98.045  Administration of voter registration.--
710	(3)  Notwithstanding the provisions of s. ss. 98.095 and
711	98.0977, each supervisor shall maintain for at least 2 years,
712	and make available for public inspection and copying, all
713	records concerning implementation of registration list
714	maintenance programs and activities conducted pursuant to ss.
715	98.065, 98.075, and 98.0977. The records must include lists of
716	the name and address of each person to whom an address
717	confirmation final notice was sent and information as to whether
718	each such person responded to the mailing, but may not include
719	any information that is confidential or exempt from public
720	records requirements under this code.
721	Section 10.  Section 98.077, Florida Statutes, is amended
722	to read:
723	98.077  Update of voter signature.--The supervisor of
724	elections shall provide to each registered voter of the county
725	the opportunity to update his or her signature on file at the
726	supervisor's office by providing notification of the ability to
727	do so in any correspondence, other than postcard notifications,
728	sent to the voter.  The notice shall advise when, where, and how
729	to update the signature and shall provide the voter information
730	on how to obtain a form from the supervisor that can be returned
731	to update the signature.  In addition, at least once during each
732	general election year, the supervisor shall publish in a
733	newspaper of general circulation or other newspaper in the
734	county deemed appropriate by the supervisor a notice specifying
735	when, where, or how a voter can update his or her signature that
736	is on file or how a voter can obtain a form from the supervisor
737	to do so. All signature updates for use in verifying absentee
738	and provisional ballots must be received by the appropriate
739	supervisor of elections no later than the start of the
740	canvassing of absentee ballots by the canvassing board. The
741	signature on file at the start of the canvas of the absentee
742	ballots is the signature that shall be used in verifying the
743	signature on the absentee and provisional ballot certificates.
744	Section 11.  Section 99.061, Florida Statutes, is amended
745	to read:
746	99.061  Method of qualifying for nomination or election to
747	federal, state, county, or district office.--
748	(1)  The provisions of any special act to the contrary
749	notwithstanding, each person seeking to qualify for nomination
750	or election to a federal, state, or multicounty district office,
751	other than election to a judicial office as defined in chapter
752	105 or the office of school board member, shall file his or her
753	qualification papers with, and pay the qualifying fee, which
754	shall consist of the filing fee and election assessment, and
755	party assessment, if any has been levied, to, the Department of
756	State, or qualify by the petition process pursuant to s. 99.095
757	alternative method with the Department of State, at any time
758	after noon of the 1st day for qualifying, which shall be as
759	follows:  the 120th day prior to the first primary, but not
760	later than noon of the 116th day prior to the date of the first
761	primary, for persons seeking to qualify for nomination or
762	election to federal office or to the office of the state
763	attorney or the public defender; and noon of the 50th day prior
764	to the first primary, but not later than noon of the 46th day
765	prior to the date of the first primary, for persons seeking to
766	qualify for nomination or election to a state or multicounty
767	district office, other than the office of the state attorney or
768	the public defender.
769	(2)  The provisions of any special act to the contrary
770	notwithstanding, each person seeking to qualify for nomination
771	or election to a county office, or district or special district
772	office not covered by subsection (1), shall file his or her
773	qualification papers with, and pay the qualifying fee, which
774	shall consist of the filing fee and election assessment, and
775	party assessment, if any has been levied, to, the supervisor of
776	elections of the county, or shall qualify by the petition
777	process pursuant to s. 99.095 alternative method with the
778	supervisor of elections, at any time after noon of the 1st day
779	for qualifying, which shall be the 50th day prior to the first
780	primary or special district election, but not later than noon of
781	the 46th day prior to the date of the first primary or special
782	district election. However, if a special district election is
783	held at the same time as the second primary or general election,
784	qualifying shall be the 50th day prior to the first primary, but
785	not later than noon of the 46th day prior to the date of the
786	first primary. Within 30 days after the closing of qualifying
787	time, the supervisor of elections shall remit to the secretary
788	of the state executive committee of the political party to which
789	the candidate belongs the amount of the filing fee, two-thirds
790	of which shall be used to promote the candidacy of candidates
791	for county offices and the candidacy of members of the
792	Legislature.
793	(3)(a)  Each person seeking to qualify for election to
794	office as a write-in candidate shall file his or her
795	qualification papers with the respective qualifying officer at
796	any time after noon of the 1st day for qualifying, but not later
797	than noon of the last day of the qualifying period for the
798	office sought.
799	(b)  Any person who is seeking election as a write-in
800	candidate shall not be required to pay a filing fee, election
801	assessment, or party assessment. A write-in candidate shall not
802	be entitled to have his or her name printed on any ballot;
803	however, space for the write-in candidate's name to be written
804	in shall be provided on the general election ballot.  No person
805	may qualify as a write-in candidate if the person has also
806	otherwise qualified for nomination or election to such office.
807	(4)  At the time of qualifying for office, each candidate
808	for a constitutional office shall file a full and public
809	disclosure of financial interests pursuant to s. 8, Art. II of
810	the State Constitution, and a candidate for any other office,
811	including local elective office, shall file a statement of
812	financial interests pursuant to s. 112.3145.
813	(5)  The Department of State shall certify to the
814	supervisor of elections, within 7 days after the closing date
815	for qualifying, the names of all duly qualified candidates for
816	nomination or election who have qualified with the Department of
817	State.
818	(6)  Notwithstanding the qualifying period prescribed in
819	this section, if a candidate has submitted the necessary
820	petitions by the required deadline in order to qualify by the
821	petition process pursuant to s. 99.095 alternative method as a
822	candidate for nomination or election and the candidate is
823	notified after the 5th day prior to the last day for qualifying
824	that the required number of signatures has been obtained, the
825	candidate is entitled to subscribe to the candidate's oath and
826	file the qualifying papers at any time within 5 days from the
827	date the candidate is notified that the necessary number of
828	signatures has been obtained.  Any candidate who qualifies
829	within the time prescribed in this subsection is entitled to
830	have his or her name printed on the ballot.
831	(7)(a)  In order for a candidate to be qualified, the
832	following items must be received by the filing officer by the
833	end of the qualifying period:
834	1.  A properly executed check drawn upon the candidate's
835	campaign account in an amount not less than the fee required by
836	s. 99.092 or, in lieu thereof, as applicable, the copy of the
837	notice of obtaining ballot position pursuant to s. 99.095 or the
838	undue burden oath authorized pursuant to s. 99.0955 or s.
839	99.096.  If a candidate's check is returned by the bank for any
840	reason, the filing officer shall immediately notify the
841	candidate and the candidate shall, the end of qualifying
842	notwithstanding, have 48 hours from the time such notification
843	is received, excluding Saturdays, Sundays, and legal holidays,
844	to pay the fee with a cashier's check purchased from funds of
845	the campaign account. Failure to pay the fee as provided in this
846	subparagraph shall disqualify the candidate.
847	2.  The candidate's oath required by s. 99.021, which must
848	contain the name of the candidate as it is to appear on the
849	ballot; the office sought, including the district or group
850	number if applicable; and the signature of the candidate, duly
851	acknowledged.
852	3.  The loyalty oath required by s. 876.05, signed by the
853	candidate and duly acknowledged.
854	4.  If the office sought is partisan, the written statement
855	of political party affiliation required by s. 99.021(1)(b).
856	5.  The completed form for the appointment of campaign
857	treasurer and designation of campaign depository, as required by
858	s. 106.021.
859	6.  The full and public disclosure or statement of
860	financial interests required by subsection (4). A public officer
861	who has filed the full and public disclosure or statement of
862	financial interests with the Commission on Ethics or the
863	supervisor of elections prior to qualifying for office may file
864	a copy of that disclosure at the time of qualifying.
865	(b)  If the filing officer receives qualifying papers that
866	do not include all items as required by paragraph (a) prior to
867	the last day of qualifying, the filing officer shall make a
868	reasonable effort to notify the candidate of the missing or
869	incomplete items and shall inform the candidate that all
870	required items must be received by the close of qualifying.  A
871	candidate's name as it is to appear on the ballot may not be
872	changed after the end of qualifying.
873	(8)  Notwithstanding the qualifying period prescribed in
874	this section, a qualifying office may accept and hold qualifying
875	papers submitted not earlier than 14 days prior to the beginning
876	of the qualifying period, to be processed and filed during the
877	qualifying period.
878	(9)(8)  Notwithstanding the qualifying period prescribed by
879	this section, in each year in which the Legislature apportions
880	the state, the qualifying period for persons seeking to qualify
881	for nomination or election to federal office shall be between
882	noon of the 57th day prior to the first primary, but not later
883	than noon of the 53rd day prior to the first primary.
884	(10)(9)  The Department of State may prescribe by rule
885	requirements for filing papers to qualify as a candidate under
886	this section.
887	Section 12.  Section 99.063, Florida Statutes, is amended
888	to read:
889	99.063  Candidates for Governor and Lieutenant Governor.--
890	(1)  No later than 5 p.m. of the 9th day following the
891	second primary election, each candidate for Governor shall
892	designate a Lieutenant Governor as a running mate.  Such
893	designation must be made in writing to the Department of State.
894	(2)  No later than 5 p.m. of the 9th day following the
895	second primary election, each designated candidate for
896	Lieutenant Governor shall file with the Department of State:
897	(a)  The candidate's oath required by s. 99.021, which must
898	contain the name of the candidate as it is to appear on the
899	ballot; the office sought; and the signature of the candidate,
900	duly acknowledged.
901	(b)  The loyalty oath required by s. 876.05, signed by the
902	candidate and duly acknowledged.
903	(c)  If the office sought is partisan, the written
904	statement of political party affiliation required by s.
905	99.021(1)(b).
906	(d)  The full and public disclosure of financial interests
907	pursuant to s. 8, Art. II of the State Constitution. A public
908	officer who has filed the full and public disclosure with the
909	Commission on Ethics prior to qualifying for office may file a
910	copy of that disclosure at the time of qualifying.
911	(3)  A designated candidate for Lieutenant Governor is not
912	required to pay a separate qualifying fee or obtain signatures
913	on petitions. Ballot position obtained by the candidate for
914	Governor entitles the designated candidate for Lieutenant
915	Governor, upon receipt by the Department of State of the
916	qualifying papers required by subsection (2), to have his or her
917	name placed on the ballot for the joint candidacy.
918	(4)  In order to have the name of the candidate for
919	Lieutenant Governor printed on the first or second primary
920	election ballot, a candidate for Governor participating in the
921	primary must designate the candidate for Lieutenant Governor,
922	and the designated candidate must qualify no later than the end
923	of the qualifying period specified in s. 99.061.  If the
924	candidate for Lieutenant Governor has not been designated and
925	has not qualified by the end of the qualifying period specified
926	in s. 99.061, the phrase "Not Yet Designated" must be included
927	in lieu of the candidate's name on primary election ballots and
928	on advance absentee ballots for the general election.
929	(5)  Failure of the Lieutenant Governor candidate to be
930	designated and qualified by the time specified in subsection (2)
931	shall result in forfeiture of ballot position for the candidate
932	for Governor for the general election.
933	Section 13.  Section 99.092, Florida Statutes, is amended
934	to read:
935	99.092  Qualifying fee of candidate; notification of
936	Department of State.--
937	(1)  Each person seeking to qualify for nomination or
938	election to any office, except a person seeking to qualify by
939	the petition process alternative method pursuant to s. 99.095,
940	s. 99.0955, or s. 99.096 and except a person seeking to qualify
941	as a write-in candidate, shall pay a qualifying fee, which shall
942	consist of a filing fee and election assessment, to the officer
943	with whom the person qualifies, and any party assessment levied,
944	and shall attach the original or signed duplicate of the receipt
945	for his or her party assessment or pay the same, in accordance
946	with the provisions of s. 103.121, at the time of filing his or
947	her other qualifying papers.  The amount of the filing fee is 3
948	percent of the annual salary of the office.  The amount of the
949	election assessment is 1 percent of the annual salary of the
950	office sought.  The election assessment shall be deposited into
951	the Elections Commission Trust Fund.  The amount of the party
952	assessment is 2 percent of the annual salary. The annual salary
953	of the office for purposes of computing the filing fee, election
954	assessment, and party assessment shall be computed by
955	multiplying 12 times the monthly salary, excluding any special
956	qualification pay, authorized for such office as of July 1
957	immediately preceding the first day of qualifying.  No
958	qualifying fee shall be returned to the candidate unless the
959	candidate withdraws his or her candidacy before the last date to
960	qualify.  If a candidate dies prior to an election and has not
961	withdrawn his or her candidacy before the last date to qualify,
962	the candidate's qualifying fee shall be returned to his or her
963	designated beneficiary, and, if the filing fee or any portion
964	thereof has been transferred to the political party of the
965	candidate, the Secretary of State shall direct the party to
966	return that portion to the designated beneficiary of the
967	candidate.
968	(2)  The supervisor of elections shall, immediately after
969	the last day for qualifying, submit to the Department of State a
970	list containing the names, party affiliations, and addresses of
971	all candidates and the offices for which they qualified.
972	Section 14.  Section 99.095, Florida Statutes, is amended
973	to read:
974	(Substantial rewording of section. See
975	s. 99.095, F.S., for present text.)
976	99.095  Petition process in lieu of a qualifying fee and
977	party assessment.--
978	(1)  A person who seeks to qualify as a candidate for any
979	office and who meets the petition requirements of this section
980	is not required to pay the qualifying fee or party assessment
981	required by this chapter.
982	(2)(a)  A candidate shall obtain the number of signatures
983	of voters in the geographical area represented by the office
984	sought equal to at least 1 percent of the total number of
985	registered voters of that geographical area, as shown by the
986	compilation by the department for the last preceding general
987	election. Signatures may not be obtained until the candidate has
988	filed the appointment of campaign treasurer and designation of
989	campaign depository pursuant to s. 106.021.
990	(b)  The format of the petition shall be prescribed by the
991	division and shall be used by candidates to reproduce petitions
992	for circulation. If the candidate is running for an office that
993	requires a group or district designation, the petition must
994	indicate that designation and if it does not, the signatures are
995	not valid. A separate petition is required for each candidate.
996	(3)  Each petition must be submitted before noon of the
997	28th day preceding the first day of the qualifying period for
998	the office sought to the supervisor of elections of the county
999	in which such petition was circulated. Each supervisor shall
1000	check the signatures on the petitions to verify their status as
1001	voters in the county, district, or other geographical area
1002	represented by the office sought. No later than the 7th day
1003	before the first day of the qualifying period, the supervisor
1004	shall certify the number of valid signatures.
1005	(4)(a)  Certifications for candidates for federal, state,
1006	or multicounty district office shall be submitted to the
1007	division. The division shall determine whether the required
1008	number of signatures has been obtained and shall notify the
1009	candidate.
1010	(b)  For candidates for county or district office not
1011	covered by paragraph (a), the supervisor shall determine whether
1012	the required number of signatures has been obtained and shall
1013	notify the candidate.
1014	(5)  If the required number of signatures has been
1015	obtained, the candidate is eligible to qualify pursuant to s.
1016	99.061.
1017	Section 15.  Section 99.0955, Florida Statutes, is amended
1018	to read:
1019	99.0955  Candidates with no party affiliation; name on
1020	general election ballot.--
1021	(1)  Each person seeking to qualify for election as a
1022	candidate with no party affiliation shall file his or her
1023	qualifying qualification papers and pay the qualifying fee or
1024	qualify by the petition process pursuant to s. 99.095
1025	alternative method prescribed in subsection (3) with the officer
1026	and during the times and under the circumstances prescribed in
1027	s. 99.061. Upon qualifying, the candidate is entitled to have
1028	his or her name placed on the general election ballot.
1029	(2)  The qualifying fee for candidates with no party
1030	affiliation shall consist of a filing fee and an election
1031	assessment as prescribed in s. 99.092. The amount of the filing
1032	fee is 3 percent of the annual salary of the office sought.  The
1033	amount of the election assessment is 1 percent of the annual
1034	salary of the office sought.  The election assessment shall be
1035	deposited into the Elections Commission Trust Fund. Filing fees
1036	paid to the Department of State shall be deposited into the
1037	General Revenue Fund of the state.  Filing fees paid to the
1038	supervisor of elections shall be deposited into the general
1039	revenue fund of the county.
1040	(3)(a)  A candidate with no party affiliation may, in lieu
1041	of paying the qualifying fee, qualify for office by the
1042	alternative method prescribed in this subsection.  A candidate
1043	using this petitioning process shall file an oath with the
1044	officer before whom the candidate would qualify for the office
1045	stating that he or she intends to qualify by this alternative
1046	method.  If the person is running for an office that requires a
1047	group or district designation, the candidate must indicate the
1048	designation in his or her oath.  The oath shall be filed at any
1049	time after the first Tuesday after the first Monday in January
1050	of the year in which the election is held, but before the 21st
1051	day preceding the first day of the qualifying period for the
1052	office sought.  The Department of State shall prescribe the form
1053	to be used in administering and filing the oath.  Signatures may
1054	not be obtained by a candidate on any petition until the
1055	candidate has filed the oath required in this subsection. Upon
1056	receipt of the written oath from a candidate, the qualifying
1057	officer shall provide the candidate with petition forms in
1058	sufficient numbers to facilitate the gathering of signatures.
1059	If the candidate is running for an office that requires a group
1060	or district designation, the petition must indicate that
1061	designation or the signatures obtained on the petition will not
1062	be counted.
1063	(b)  A candidate shall obtain the signatures of a number of
1064	qualified electors in the geographical entity represented by the
1065	office sought equal to 1 percent of the registered electors of
1066	the geographical entity represented by the office sought, as
1067	shown by the compilation by the Department of State for the
1068	preceding general election.
1069	(c)  Each petition must be submitted before noon of the
1070	21st day preceding the first day of the qualifying period for
1071	the office sought, to the supervisor of elections of the county
1072	for which such petition was circulated. Each supervisor to whom
1073	a petition is submitted shall check the signatures on the
1074	petition to verify their status as electors in the county,
1075	district, or other geographical entity represented by the office
1076	sought.  Before the first day for qualifying, the supervisor
1077	shall certify the number shown as registered electors.
1078	(d)1.  Certifications for candidates for federal, state, or
1079	multicounty district office shall be submitted to the Department
1080	of State. The Department of State shall determine whether the
1081	required number of signatures has been obtained for the name of
1082	the candidate to be placed on the ballot and shall notify the
1083	candidate.
1084	2.  For candidates for county or district office not
1085	covered by subparagraph 1., the supervisor of elections shall
1086	determine whether the required number of signatures has been
1087	obtained for the name of the candidate to be placed on the
1088	ballot and shall notify the candidate.
1089	(e)  If the required number of signatures has been
1090	obtained, the candidate shall, during the time prescribed for
1091	qualifying for office, submit a copy of the notice received
1092	under paragraph (d) and file his or her qualifying papers and
1093	the oath prescribed by s. 99.021 with the qualifying officer.
1094	Section 16.  Section 99.096, Florida Statutes, is amended
1095	to read:
1096	99.096  Minor political party candidates; names on ballot.-
1097	-
1098	(1)  The executive committee of a minor political party
1099	shall, No later than noon of the third day prior to the first
1100	day of the qualifying period prescribed for federal candidates,
1101	the executive committee of a minor political party shall submit
1102	to the Department of State a list of federal candidates
1103	nominated by the party to be on the general election ballot. and
1104	No later than noon of the third day prior to the first day of
1105	the qualifying period for state candidates, the executive
1106	committee of a minor political party shall submit to the filing
1107	officer for each of the candidates submit to the Department of
1108	State the official list of the state, multicounty, and county
1109	respective candidates nominated by that party to be on the
1110	ballot in the general election. The Department of State shall
1111	notify the appropriate supervisors of elections of the name of
1112	each minor party candidate eligible to qualify before such
1113	supervisor. The official list of nominated candidates may not be
1114	changed by the party after having been filed with the filing
1115	officers Department of State, except that candidates who have
1116	qualified may withdraw from the ballot pursuant to the
1117	provisions of this code, and vacancies in nominations may be
1118	filled pursuant to s. 100.111.
1119	(2)  Each person seeking to qualify for election as a
1120	candidate of a minor political party shall file his or her
1121	qualifying qualification papers with, and pay the qualifying fee
1122	and, if one has been levied, the party assessment, or qualify by
1123	the petition process pursuant to s. 99.095 alternative method
1124	prescribed in subsection (3), with the officer and at the times
1125	and under the circumstances provided in s. 99.061.
1126	(3)(a)  A minor party candidate may, in lieu of paying the
1127	qualifying fee and party assessment, qualify for office by the
1128	alternative method prescribed in this subsection.  A candidate
1129	using this petitioning process shall file an oath with the
1130	officer before whom the candidate would qualify for the office
1131	stating that he or she intends to qualify by this alternative
1132	method.  If the person is running for an office that requires a
1133	group or district designation, the candidate must indicate the
1134	designation in his or her oath.  The oath must be filed at any
1135	time after the first Tuesday after the first Monday in January
1136	of the year in which the election is held, but before the 21st
1137	day preceding the first day of the qualifying period for the
1138	office sought.  The Department of State shall prescribe the form
1139	to be used in administering and filing the oath.  Signatures may
1140	not be obtained by a candidate on any petition until the
1141	candidate has filed the oath required in this section.  Upon
1142	receipt of the written oath from a candidate, the qualifying
1143	officer shall provide the candidate with petition forms in
1144	sufficient numbers to facilitate the gathering of signatures.
1145	If the candidate is running for an office that requires a group
1146	or district designation, the petition must indicate that
1147	designation or the signatures on such petition will not be
1148	counted.
1149	(b)  A candidate shall obtain the signatures of a number of
1150	qualified electors in the geographical entity represented by the
1151	office sought equal to 1 percent of the registered electors in
1152	the geographical entity represented by the office sought, as
1153	shown by the compilation by the Department of State for the last
1154	preceding general election.
1155	(c)  Each petition shall be submitted prior to noon of the
1156	21st day preceding the first day of the qualifying period for
1157	the office sought to the supervisor of elections of the county
1158	for which the petition was circulated. Each supervisor to whom a
1159	petition is submitted shall check the signatures on the petition
1160	to verify their status as electors in the county, district, or
1161	other geographical entity represented by the office sought.
1162	Before the first day for qualifying, the supervisor shall
1163	certify the number shown as registered electors.
1164	(d)1.  Certifications for candidates for federal, state, or
1165	multicounty district office shall be submitted to the Department
1166	of State. The Department of State shall determine whether the
1167	required number of signatures has been obtained for the name of
1168	the candidate to be placed on the ballot and shall notify the
1169	candidate.
1170	2.  For candidates for county or district office not
1171	covered by subparagraph 1., the supervisor of elections shall
1172	determine whether the required number of signatures has been
1173	obtained for the name of the candidate to be placed on the
1174	ballot and shall notify the candidate.
1175	(e)  If the required number of signatures has been
1176	obtained, the candidate shall, during the prescribed time for
1177	qualifying for office, submit a copy of the notice received
1178	under paragraph (d) and file his or her qualifying papers and
1179	the oath prescribed by s. 99.021 with the qualifying officer.
1180	(4)  A minor party candidate whose name has been submitted
1181	pursuant to subsection (1) and who has qualified for office is
1182	entitled to have his or her name placed on the general election
1183	ballot.
1184	Section 17.  Subsection (1) of section 99.09651, Florida
1185	Statutes, is amended to read:
1186	99.09651  Signature requirements for ballot position in
1187	year of apportionment.--
1188	(1)  In a year of apportionment, any candidate for
1189	representative to Congress, state Senate, or state House of
1190	Representatives seeking ballot position by the petition process
1191	alternative method prescribed in s. 99.095, s. 99.0955, or s.
1192	99.096 shall obtain at least the number of signatures equal to
1193	one-third of 1 percent of the ideal population for the district
1194	of the office being sought.
1195	Section 18.  Subsection (1) of section 100.011, Florida
1196	Statutes, is amended to read:
1197	100.011  Opening and closing of polls, all elections;
1198	expenses.--
1199	(1)  The polls shall be open at the voting places at 7:00
1200	a.m., on the day of the election, and shall be kept open until
1201	7:00 p.m., of the same day, and the time shall be regulated by
1202	the customary time in standard use in the county seat of the
1203	locality.  The inspectors shall make public proclamation of the
1204	opening and closing of the polls.  During the election and
1205	canvass of the votes, the ballot box shall not be concealed. Any
1206	elector who is in line at the time of the official closing of
1207	the polls shall be allowed to cast a vote in the election.
1208	Section 19.  Section 100.101, Florida Statutes, is amended
1209	to read:
1210	100.101  Special elections and special primary elections.--
1211	Except as provided in s. 100.111(2), a special election or
1212	special primary election shall be held in the following cases:
1213	(1)  If no person has been elected at a general election to
1214	fill an office which was required to be filled by election at
1215	such general election.
1216	(2)  If a vacancy occurs in the office of state senator or
1217	member of the state house of representatives.
1218	(3)  If it is necessary to elect presidential electors, by
1219	reason of the offices of President and Vice President both
1220	having become vacant.
1221	(4)  If a vacancy occurs in the office of member from
1222	Florida of the House of Representatives of Congress.
1223	(5)  If a vacancy occurs in nomination.
1224	Section 20.  Section 100.111, Florida Statutes, is amended
1225	to read:
1226	100.111  Filling vacancy.--
1227	(1)(a)  If any vacancy occurs in any office which is
1228	required to be filled pursuant to s. 1(f), Art. IV of the State
1229	Constitution and the remainder of the term of such office is 28
1230	months or longer, then at the next general election a person
1231	shall be elected to fill the unexpired portion of such term,
1232	commencing on the first Tuesday after the first Monday following
1233	such general election.
1234	(b)  If such a vacancy occurs prior to the first day set by
1235	law for qualifying for election to office at such general
1236	election, any person seeking nomination or election to the
1237	unexpired portion of the term shall qualify within the time
1238	prescribed by law for qualifying for other offices to be filled
1239	by election at such general election.
1240	(c)  If such a vacancy occurs prior to the first primary
1241	but on or after the first day set by law for qualifying, the
1242	Secretary of State shall set dates for qualifying for the
1243	unexpired portion of the term of such office. Any person seeking
1244	nomination or election to the unexpired portion of the term
1245	shall qualify within the time set by the Secretary of State.  If
1246	time does not permit party nominations to be made in conjunction
1247	with the first and second primary elections, the Governor may
1248	call a special primary election, and, if necessary, a second
1249	special primary election, to select party nominees for the
1250	unexpired portion of such term.
1251	(2)(a)  If, in any state or county office required to be
1252	filled by election, a vacancy occurs during an election year by
1253	reason of the incumbent having qualified as a candidate for
1254	federal office pursuant to s. 99.061, no special election is
1255	required. Any person seeking nomination or election to the
1256	office so vacated shall qualify within the time prescribed by s.
1257	99.061 for qualifying for state or county offices to be filled
1258	by election.
1259	(b)  If such a vacancy occurs in an election year other
1260	than the one immediately preceding expiration of the present
1261	term, the Secretary of State shall notify the supervisor of
1262	elections in each county served by the office that a vacancy has
1263	been created. Such notice shall be provided to the supervisor of
1264	elections not later than the close of the first day set for
1265	qualifying for state or county office.  The supervisor shall
1266	provide public notice of the vacancy in any manner the Secretary
1267	of State deems appropriate.
1268	(3)  Whenever there is a vacancy for which a special
1269	election is required pursuant to s. 100.101 s. 100.101(1)-(4),
1270	the Governor, after consultation with the Secretary of State,
1271	shall fix the date of a special first primary election, a
1272	special second primary election, and a special election.
1273	Nominees of political parties other than minor political parties
1274	shall be chosen under the primary laws of this state in the
1275	special primary elections to become candidates in the special
1276	election.  Prior to setting the special election dates, the
1277	Governor shall consider any upcoming elections in the
1278	jurisdiction where the special election will be held.  The dates
1279	fixed by the Governor shall be specific days certain and shall
1280	not be established by the happening of a condition or stated in
1281	the alternative.  The dates fixed shall provide a minimum of 2
1282	weeks between each election.  In the event a vacancy occurs in
1283	the office of state senator or member of the House of
1284	Representatives when the Legislature is in regular legislative
1285	session, the minimum times prescribed by this subsection may be
1286	waived upon concurrence of the Governor, the Speaker of the
1287	House of Representatives, and the President of the Senate.  If a
1288	vacancy occurs in the office of state senator and no session of
1289	the Legislature is scheduled to be held prior to the next
1290	general election, the Governor may fix the dates for any special
1291	primary and for the special election to coincide with the dates
1292	of the first and second primary and general election.  If a
1293	vacancy in office occurs in any district in the state Senate or
1294	House of Representatives or in any congressional district, and
1295	no session of the Legislature, or session of Congress if the
1296	vacancy is in a congressional district, is scheduled to be held
1297	during the unexpired portion of the term, the Governor is not
1298	required to call a special election to fill such vacancy.
1299	(a)  The dates for candidates to qualify in such special
1300	election or special primary election shall be fixed by the
1301	Department of State, and candidates shall qualify not later than
1302	noon of the last day so fixed.  The dates fixed for qualifying
1303	shall allow a minimum of 14 days between the last day of
1304	qualifying and the special first primary election.
1305	(b)  The filing of campaign expense statements by
1306	candidates in such special elections or special primaries and by
1307	committees making contributions or expenditures to influence the
1308	results of such special primaries or special elections shall be
1309	not later than such dates as shall be fixed by the Department of
1310	State, and in fixing such dates the Department of State shall
1311	take into consideration and be governed by the practical time
1312	limitations.
1313	(c)  The dates for a candidate to qualify by the petition
1314	process pursuant to s. 99.095 alternative method in such special
1315	primary or special election shall be fixed by the Department of
1316	State.  In fixing such dates the Department of State shall take
1317	into consideration and be governed by the practical time
1318	limitations. Any candidate seeking to qualify by the petition
1319	process alternative method in a special primary election shall
1320	obtain 25 percent of the signatures required by s. 99.095, s.
1321	99.0955, or s. 99.096, as applicable.
1322	(d)  The qualifying fees and party assessments of such
1323	candidates as may qualify shall be the same as collected for the
1324	same office at the last previous primary for that office.  The
1325	party assessment shall be paid to the appropriate executive
1326	committee of the political party to which the candidate belongs.
1327	(e)  Each county canvassing board shall make as speedy a
1328	return of the result of such special elections and primaries as
1329	time will permit, and the Elections Canvassing Commission
1330	likewise shall make as speedy a canvass and declaration of the
1331	nominees as time will permit.
1332	(4)(a)  In the event that death, resignation, withdrawal,
1333	removal, or any other cause or event should cause a party to
1334	have a vacancy in nomination which leaves no candidate for an
1335	office from such party, the Governor shall, after conferring
1336	with the Secretary of State, call a special primary election
1337	and, if necessary, a second special primary election to select
1338	for such office a nominee of such political party.  The dates on
1339	which candidates may qualify for such special primary election
1340	shall be fixed by the Department of State, and the candidates
1341	shall qualify no later than noon of the last day so fixed. The
1342	filing of campaign expense statements by candidates in special
1343	primaries shall not be later than such dates as shall be fixed
1344	by the Department of State. In fixing such dates, the Department
1345	of State shall take into consideration and be governed by the
1346	practical time limitations. The qualifying fees and party
1347	assessment of such candidates as may qualify shall be the same
1348	as collected for the same office at the last previous primary
1349	for that office. Each county canvassing board shall make as
1350	speedy a return of the results of such primaries as time will
1351	permit, and the Elections Canvassing Commission shall likewise
1352	make as speedy a canvass and declaration of the nominees as time
1353	will permit.
1354	(b)  If the vacancy in nomination occurs later than
1355	September 15, or if the vacancy in nomination occurs with
1356	respect to a candidate of a minor political party which has
1357	obtained a position on the ballot, no special primary election
1358	shall be held and the Department of State shall notify the chair
1359	of the appropriate state, district, or county political party
1360	executive committee of such party; and, within 5 7 days, the
1361	chair shall call a meeting of his or her executive committee to
1362	consider designation of a nominee to fill the vacancy. The name
1363	of any person so designated shall be submitted to the Department
1364	of State within 7 14 days after of notice to the chair in order
1365	that the person designated may have his or her name printed or
1366	otherwise placed on the ballot of the ensuing general election,
1367	but in no event shall the supervisor of elections be required to
1368	place on a ballot a name submitted less than 21 days prior to
1369	the election. If the name of the new nominee is submitted after
1370	the certification of results of the preceding primary election,
1371	however, the ballots shall not be changed and vacancy occurs
1372	less than 21 days prior to the election, the person designated
1373	by the political party will replace the former party nominee
1374	even though the former party nominee's name will appear be on
1375	the ballot. Any ballots cast for the former party nominee will
1376	be counted for the person designated by the political party to
1377	replace the former party nominee. If there is no opposition to
1378	the party nominee, the person designated by the political party
1379	to replace the former party nominee will be elected to office at
1380	the general election. For purposes of this paragraph, the term
1381	"district political party executive committee" means the members
1382	of the state executive committee of a political party from those
1383	counties comprising the area involving a district office.
1384	(b)(c)  When, under the circumstances set forth in the
1385	preceding paragraph, vacancies in nomination are required to be
1386	filled by committee nominations, such vacancies shall be filled
1387	by party rule. In any instance in which a nominee is selected by
1388	a committee to fill a vacancy in nomination, such nominee shall
1389	pay the same filing fee and take the same oath as the nominee
1390	would have taken had he or she regularly qualified for election
1391	to such office.
1392	(c)(d)  Any person who, at the close of qualifying as
1393	prescribed in ss. 99.061 and 105.031, was qualified for
1394	nomination or election to or retention in a public office to be
1395	filled at the ensuing general election is prohibited from
1396	qualifying as a candidate to fill a vacancy in nomination for
1397	any other office to be filled at that general election, even if
1398	such person has withdrawn or been eliminated as a candidate for
1399	the original office sought. However, this paragraph does not
1400	apply to a candidate for the office of Lieutenant Governor who
1401	applies to fill a vacancy in nomination for the office of
1402	Governor on the same ticket or to a person who has withdrawn or
1403	been eliminated as a candidate and who is subsequently
1404	designated as a candidate for Lieutenant Governor under s.
1405	99.063.
1406	(5)  In the event of unforeseeable circumstances not
1407	contemplated in these general election laws concerning the
1408	calling and holding of special primary elections and special
1409	elections resulting from court order or other unpredictable
1410	circumstances, the Department of State shall have the authority
1411	to provide for the conduct of orderly elections.
1412	(6)  In the event that a vacancy occurs which leaves less
1413	than 4 weeks for a candidate seeking to qualify by the
1414	alternative method to gather signatures for ballot position, the
1415	number of signatures required for ballot placement shall be 25
1416	percent of the number of signatures required by s. 99.095, s.
1417	99.0955, or s. 99.096, whichever is applicable.
1418	Section 21.  Section 100.141, Florida Statutes, is amended
1419	to read:
1420	100.141  Notice of special election to fill any vacancy in
1421	office or nomination.--
1422	(1)  Whenever a special election is required to fill any
1423	vacancy in office or nomination, the Governor, after
1424	consultation with the Secretary of State, shall issue an order
1425	declaring on what day the election shall be held and deliver the
1426	order to the Department of State.
1427	(2)  The Department of State shall prepare a notice stating
1428	what offices and vacancies are to be filled in the special
1429	election, the date set for each special primary election and the
1430	special election, the dates fixed for qualifying for office, the
1431	dates fixed for qualifying by the petition process pursuant to
1432	s. 99.095 alternative method, and the dates fixed for filing
1433	campaign expense statements.
1434	(3)  The department shall deliver a copy of such notice to
1435	the supervisor of elections of each county in which the special
1436	election is to be held.  The supervisor shall have the notice
1437	published two times in a newspaper of general circulation in the
1438	county at least 10 days prior to the first day set for
1439	qualifying for office.  If such a newspaper is not published
1440	within the period set forth, the supervisor shall post at least
1441	five copies of the notice in conspicuous places in the county
1442	not less than 10 days prior to the first date set for
1443	qualifying.
1444	Section 22.  Subsection (2) of section 101.031, Florida
1445	Statutes, is amended to read:
1446	101.031  Instructions for electors.--
1447	(2)  The supervisor of elections in each county shall have
1448	posted at each polling place in the county the Voter's Bill of
1449	Rights and Responsibilities in the following form:
1450
1451	VOTER'S BILL OF RIGHTS
1452
1453	Each registered voter in this state has the right to:
1454	1.  Vote and have his or her vote accurately counted.
1455	2.  Cast a vote if he or she is in line at the official
1456	closing of the polls in that county.
1457	3.  Ask for and receive assistance in voting.
1458	4.  Receive up to two replacement ballots if he or she
1459	makes a mistake prior to the ballot being cast.
1460	5.  An explanation if his or her registration or identity
1461	is in question.
1462	6.  If his or her registration or identity is in question,
1463	cast a provisional ballot.
1464	7.  Prove his or her identity by signing an affidavit if
1465	election officials doubt the voter's identity.
1466	7.8.  Written instructions to use when voting, and, upon
1467	request, oral instructions in voting from elections officers.
1468	8.9.  Vote free from coercion or intimidation by elections
1469	officers or any other person.
1470	9.10.  Vote on a voting system that is in working condition
1471	and that will allow votes to be accurately cast.
1472
1473	VOTER RESPONSIBILITIES
1474
1475	Each registered voter in this state should:
1476	1.  Familiarize himself or herself with the candidates and
1477	issues.
1478	2.  Maintain with the office of the supervisor of elections
1479	a current address.
1480	3.  Know the location of his or her polling place and its
1481	hours of operation.
1482	4.  Bring proper identification to the polling station.
1483	5.  Familiarize himself or herself with the operation of
1484	the voting equipment in his or her precinct.
1485	6.  Treat precinct workers with courtesy.
1486	7.  Respect the privacy of other voters.
1487	8.  Report any problems or violations of election laws to
1488	the supervisor of elections.
1489	9.  Ask questions, if needed.
1490	10.  Make sure that his or her completed ballot is correct
1491	before leaving the polling station.
1492
1493	NOTE TO VOTER: Failure to perform any of these responsibilities
1494	does not prohibit a voter from voting.
1495	Section 23.  Section 101.043, Florida Statutes, is amended
1496	to read:
1497	101.043  Identification required at polls.--
1498	(1)  The precinct register, as prescribed in s. 98.461,
1499	shall be used at the polls in lieu of the registration books for
1500	the purpose of identifying the elector at the polls prior to
1501	allowing him or her to vote. The clerk or inspector shall
1502	require each elector, upon entering the polling place, to
1503	present a current and valid picture identification as provided
1504	in s. 97.0535(3)(a). If the picture identification does not
1505	contain the signature of the voter, an additional identification
1506	that provides the voter's signature shall be required. The
1507	elector shall sign his or her name in the space provided, and
1508	the clerk or inspector shall compare the signature with that on
1509	the identification provided by the elector and enter his or her
1510	initials in the space provided and allow the elector to vote if
1511	the clerk or inspector is satisfied as to the identity of the
1512	elector.
1513	(2)  Except as provided in subsection (3), if the elector
1514	fails to furnish the required identification, or if the clerk or
1515	inspector is in doubt as to the identity of the elector, such
1516	clerk or inspector shall follow the procedure prescribed in s.
1517	101.49.
1518	(2)(3)  If the elector who fails to furnish the required
1519	identification is a first-time voter who registered by mail and
1520	has not provided the required identification to the supervisor
1521	of elections prior to election day, the elector shall be allowed
1522	to vote a provisional ballot. The canvassing board shall
1523	determine the validity of the ballot pursuant to s. 101.048(2).
1524	Section 24.  Section 101.048, Florida Statutes, is amended
1525	to read:
1526	101.048  Provisional ballots.--
1527	(1)  At all elections, a voter claiming to be properly
1528	registered in the county and eligible to vote at the precinct in
1529	the election, but whose eligibility cannot be determined, a
1530	person whom an election official asserts is not eligible, and
1531	other persons specified in the code shall be entitled to vote a
1532	provisional ballot. Once voted, the provisional ballot shall be
1533	placed in a secrecy envelope and thereafter sealed in a
1534	provisional ballot envelope. The provisional ballot shall be
1535	deposited in a ballot box. All provisional ballots shall remain
1536	sealed in their envelopes for return to the supervisor of
1537	elections. The department shall prescribe the form of the
1538	provisional ballot envelope. A person casting a provisional
1539	ballot shall have the right to present written evidence
1540	supporting his or her eligibility to vote to the supervisor of
1541	elections by not later that 5 p.m. on the third day following
1542	the election.
1543	(2)(a)  The county canvassing board shall examine each
1544	Provisional Ballot Voter's Certificate and Affirmation envelope
1545	to determine if the person voting that ballot was entitled to
1546	vote at the precinct where the person cast a vote in the
1547	election and that the person had not already cast a ballot in
1548	the election. In determining whether a person casting a
1549	provisional ballot is entitled to vote, the county canvassing
1550	board shall review the information provided in the Voter's
1551	Certificate and Affirmation, written evidence provided by the
1552	person pursuant to subsection (1), any other evidence presented
1553	by the supervisor of elections, and, in the case of a challenge,
1554	any evidence presented by the challenger. A ballot of a person
1555	casting a provisional ballot shall be counted unless the
1556	canvassing board determines by a preponderance of the evidence
1557	that the person was not entitled to vote.
1558	(b)1.  If it is determined that the person was registered
1559	and entitled to vote at the precinct where the person cast a
1560	vote in the election, the canvassing board shall compare the
1561	signature on the Provisional Ballot Voter's Certificate and
1562	Affirmation envelope with the signature on the voter's
1563	registration and, if it matches, shall count the ballot.
1564	2.  If it is determined that the person voting the
1565	provisional ballot was not registered or entitled to vote at the
1566	precinct where the person cast a vote in the election, the
1567	provisional ballot shall not be counted and the ballot shall
1568	remain in the envelope containing the Provisional Ballot Voter's
1569	Certificate and Affirmation and the envelope shall be marked
1570	"Rejected as Illegal."
1571	(3)  The Provisional Ballot Voter's Certificate and
1572	Affirmation shall be in substantially the following form:
1573
1574	STATE OF FLORIDA
1575	COUNTY OF ....
1576
1577	I do solemnly swear (or affirm) that my name is ....; that
1578	my date of birth is ....; that I am registered and qualified to
1579	vote and at the time I registered I resided at ...., in the
1580	municipality of ...., in .... County, Florida; that I am
1581	registered in the .... Party; that I am a qualified voter of the
1582	county; and that I have not voted in this election.  I
1583	understand that if I commit any fraud in connection with voting,
1584	vote a fraudulent ballot, or vote more than once in an election,
1585	I can be convicted of a felony of the third degree and fined up
1586	to $5,000 and/or imprisoned for up to 5 years.
1587	...(Signature of Voter)...
1588	...(Current Residence Address)...
1589	...(Current Mailing Address)...
1590	...(City, State, Zip Code)...
1591	...(Driver's License Number or Last Four Digits of Social
1592	Security Number)...
1593
1594	Sworn to and subscribed before me this .... day of ........,
1595	...(year)....
1596	...(Election Official)...
1597
1598	Precinct # ....                 Ballot Style/Party Issued: ....
1599
1600	(4)  Notwithstanding the requirements of subsections (1),
1601	(2), and (3) In counties where the voting system does not
1602	utilize a paper ballot, the supervisor of elections may, and for
1603	persons with disabilities shall, provide the appropriate
1604	provisional ballot to the voter by electronic means that meet
1605	the requirements of s. 101.56062, as provided for by the
1606	certified voting system. Each person casting a provisional
1607	ballot by electronic means shall, prior to casting his or her
1608	ballot, complete the Provisional Ballot Voter's Certificate and
1609	Affirmation as provided in subsection (3).
1610	(5)  Each person casting a provisional ballot shall be
1611	given written instructions regarding the person's right to
1612	provide the supervisor of elections with written evidence of his
1613	or her eligibility to vote and regarding the free access system
1614	established pursuant to subsection (6). The instructions shall
1615	contain information on how to access the system and the
1616	information the voter will need to provide to obtain information
1617	on his or her particular ballot. The instructions shall also
1618	include the following statement: "If this is a primary election,
1619	you should contact the supervisor of elections' office
1620	immediately to confirm that you are registered and can vote in
1621	the general election."
1622	(6)  Each supervisor of elections shall establish a free
1623	access system that allows each person who casts a provisional
1624	ballot to determine whether his or her provisional ballot was
1625	counted in the final canvass of votes and, if not, the reasons
1626	why. Information regarding provisional ballots shall be
1627	available no later than 30 days following the election. The
1628	system established must restrict information regarding an
1629	individual ballot to the person who cast the ballot.
1630	Section 25.  Section 101.049, Florida Statutes, is amended
1631	to read:
1632	101.049  Provisional ballots; special circumstances.--
1633	(1)  Any person who votes in an election after the regular
1634	poll-closing time pursuant to a court or other order extending
1635	the statutory polling hours must vote a provisional ballot. Once
1636	voted, the provisional ballot shall be placed in a secrecy
1637	envelope and thereafter sealed in a provisional ballot envelope.
1638	The election official witnessing the voter's subscription and
1639	affirmation on the Provisional Ballot Voter's Certificate shall
1640	indicate whether or not the voter met all requirements to vote a
1641	regular ballot at the polls. All such provisional ballots shall
1642	remain sealed in their envelopes and be transmitted to the
1643	supervisor of elections.
1644	(2)  Separate and apart from all other ballots, the county
1645	canvassing board shall count all late-voted provisional ballots
1646	that the canvassing board determines to be valid.
1647	(3)  The supervisor shall ensure that late-voted
1648	provisional ballots are not commingled with other ballots during
1649	the canvassing process or at any other time they are statutorily
1650	required to be in the supervisor's possession.
1651	(4)  This section shall not apply to voters in line at the
1652	poll-closing time provided in s. 100.011 who cast their ballots
1653	subsequent to that time.
1654	(5)  As an alternative, provisional ballots cast pursuant
1655	to this section may, and for persons with disabilities shall, be
1656	cast in accordance with the provisions of s. 101.048(4).
1657	Section 26.  Effective July 1, 2005, section 101.051,
1658	Florida Statutes, as amended by section 10 of chapter 2002-281,
1659	Laws of Florida, is amended to read:
1660	101.051  Electors seeking assistance in casting ballots;
1661	oath to be executed; forms to be furnished.--
1662	(1)  Any elector applying to vote in any election who
1663	requires assistance to vote by reason of blindness, disability,
1664	or inability to read or write may request the assistance of two
1665	election officials or some other person of the elector's own
1666	choice, other than the elector's employer, an agent of the
1667	employer, or an officer or agent of his or her union, to assist
1668	the elector in casting his or her vote. Any such elector, before
1669	retiring to the voting booth, may have one of such persons read
1670	over to him or her, without suggestion or interference, the
1671	titles of the offices to be filled and the candidates therefor
1672	and the issues on the ballot. After the elector requests the aid
1673	of the two election officials or the person of the elector's
1674	choice, they shall retire to the voting booth for the purpose of
1675	casting the elector's vote according to the elector's choice.
1676	(2)  It is unlawful for any person to be in the voting
1677	booth with any elector except as provided in subsection (1). A
1678	person at a polling place or early voting site, or within 100
1679	feet of the entrance of a polling place or early voting site,
1680	may not solicit any elector in an effort to provide assistance
1681	to vote pursuant to subsection (1). Any person who violates this
1682	subsection commits a misdemeanor of the first degree, punishable
1683	as provided in s. 775.082 or s. 775.083.
1684	(3)  Any elector applying to cast an absentee ballot in the
1685	office of the supervisor, in any election, who requires
1686	assistance to vote by reason of blindness, disability, or
1687	inability to read or write may request the assistance of some
1688	person of his or her own choice, other than the elector's
1689	employer, an agent of the employer, or an officer or agent of
1690	his or her union, in casting his or her absentee ballot.
1691	(4)  If an elector needs assistance in voting pursuant to
1692	the provisions of this section, the clerk or one of the
1693	inspectors shall require the elector requesting assistance in
1694	voting to take the following oath:
1695
1696	DECLARATION TO SECURE ASSISTANCE
1697
1698	State of Florida
1699	County of ....
1700	Date ....
1701	Precinct ....
1702	I, ...(Print name)..., swear or affirm that I am a
1703	registered elector and request assistance from ...(Print
1704	names)... in voting at the ...(name of election)... held on
1705	...(date of election)....        ...(Signature of assistor)....
1706	Sworn and subscribed to before me this .... day of ....,
1707	...(year)....
1708	...(Signature of Official Administering Oath)...
1709	(5)  If an elector needing assistance requests that a
1710	person other than an election official provide him or her with
1711	assistance in voting, the clerk or one of the inspectors shall
1712	require the person providing assistance to take the following
1713	oath:
1714
1715	DECLARATION TO PROVIDE ASSISTANCE
1716
1717	State of Florida
1718	County of ....
1719	Date ....
1720	Precinct ....
1721	I, ...(Print name)..., have been requested by ...(print
1722	name of elector needing assistance)... to provide him or her
1723	with assistance to vote. I swear or affirm that I am not the
1724	employer, an agent of the employer, or an officer or agent of
1725	the union of the voter and that I have not solicited this voter
1726	at the polling place or early voting site or within 100 feet of
1727	such locations in an effort to provide assistance....(Signature
1728	of assistor)...
1729	Sworn and subscribed to before me this .... day of ....,
1730	...(year)....
1731	...(Signature of Official Administering Oath)...
1732	(6)(5)  The supervisor of elections shall deliver a
1733	sufficient number of these forms to each precinct, along with
1734	other election paraphernalia.
1735	Section 27.  Section 101.111, Florida Statutes, is amended
1736	to read:
1737	101.111  Person desiring to vote may be challenged;
1738	challenger to execute oath; oath of person challenged;
1739	determination of challenge.--
1740	(1)  When the right to vote of any person who desires to
1741	vote is challenged by any elector or poll watcher, the challenge
1742	shall be reduced to writing with an oath as provided in this
1743	section, giving reasons for the challenge, which shall be
1744	delivered to the clerk or inspector. Any elector or poll watcher
1745	challenging the right of a person to vote shall execute the oath
1746	set forth below:
1747
1748	OATH OF PERSON ENTERING CHALLENGE
1749
1750	State of Florida
1751	County of ....
1752
1753	I do solemnly swear that my name is ...; that I am a member of
1754	the .... party; that I am a registered voter or pollwatcher ....
1755	years old; that my residence address is ...., in the
1756	municipality of ....; and that I have reason to believe that
1757	.... is attempting to vote illegally and the reasons for my
1758	belief are set forth herein to wit:.............................
1759	................................................................
1760	................................................................
1761	...(Signature of person challenging voter)...
1762
1763	Sworn and subscribed to before me this .... day of ....,
1764	...(year)....
1765	...(Clerk of election)...
1766
1767	(2)  Before a person who is challenged is permitted to
1768	vote, the challenged person's right to vote shall be determined
1769	in accordance with the provisions of subsection (3). The clerk
1770	or inspector shall immediately deliver to the challenged person
1771	a copy of the oath of the person entering the challenge and the
1772	challenged voter shall be allowed to cast a provisional ballot.
1773	shall request the challenged person to execute the following
1774	oath:
1775
1776	OATH OF PERSON CHALLENGED
1777
1778	State of Florida
1779	County of ....
1780
1781	I do solemnly swear that my name is ....; that I am a member of
1782	the .... party; that my date of birth is ....; that my residence
1783	address is ...., in the municipality of ...., in this the ....
1784	precinct of .... county; that I personally made application for
1785	registration and signed my name and that I am a qualified voter
1786	in this election.
1787	...(Signature of person)...
1788
1789	Sworn and subscribed to before me this .... day of ....,
1790	...(year)....
1791	...(Clerk of election or Inspector)...
1792
1793	Any inspector or clerk of election may administer the oath.
1794	(3)  Any elector or poll watcher may challenge the right of
1795	any voter to vote not sooner than 30 days before an election by
1796	filing a completed copy of the oath contained in subsection (1)
1797	to the supervisor of election's office. The challenged voter
1798	shall be permitted to cast a provisional ballot.
1799	(4)  Any elector or poll watcher filing a frivolous
1800	challenge of any person's right to vote commits a misdemeanor of
1801	the first degree, punishable as provided in s. 775.082, s.
1802	775.083, or s. 775.084; however, electors or poll watchers shall
1803	not be subject to liability for any action taken in good faith
1804	and in furtherance of any activity or duty permitted of such
1805	electors or poll watchers by law. Each instance where any
1806	elector or poll watcher files a frivolous challenge of any
1807	person's right to vote constitutes a separate offense.
1808	(a)  The clerk and inspectors shall compare the information
1809	in the challenged person's oath with that entered on the
1810	precinct register and shall take any other evidence that may be
1811	offered. The clerk and inspectors shall then decide by a
1812	majority vote whether the challenged person may vote a regular
1813	ballot.
1814	(b)  If the challenged person refuses to complete the oath
1815	or if a majority of the clerk and inspectors doubt the
1816	eligibility of the person to vote, the challenged person shall
1817	be allowed to vote a provisional ballot. The oath of the person
1818	entering the challenge and the oath of the person challenged
1819	shall be attached to the provisional ballot for transmittal to
1820	the canvassing board.
1821	Section 28.  Section 101.131, Florida Statutes, is amended
1822	to read:
1823	101.131  Watchers at polls.--
1824	(1)  Each political party and each candidate may have one
1825	watcher in each polling room or early voting area at any one
1826	time during the election. A political committee formed for the
1827	specific purpose of expressly advocating the passage or defeat
1828	of an issue on the ballot may have one watcher for each polling
1829	room or early voting area at any one time during the election.
1830	No watcher shall be permitted to come closer to the officials'
1831	table or the voting booths than is reasonably necessary to
1832	properly perform his or her functions, but each shall be allowed
1833	within the polling room or early voting area to watch and
1834	observe the conduct of electors and officials.  The poll
1835	watchers shall furnish their own materials and necessities and
1836	shall not obstruct the orderly conduct of any election. The poll
1837	watchers shall pose any questions regarding polling place
1838	procedures directly to the clerk for resolution. They may not
1839	interact with voters. Each poll watcher shall be a qualified and
1840	registered elector of the county in which he or she serves.
1841	(2)  Each party, each political committee, and each
1842	candidate requesting to have poll watchers shall designate, in
1843	writing, poll watchers for each precinct prior to noon of the
1844	second Tuesday preceding the election poll watchers for each
1845	polling room on election day. Designations of poll watchers for
1846	early voting areas shall be submitted in writing to the
1847	supervisor of elections at least 14 days before early voting
1848	begins.  The poll watchers for each polling room precinct shall
1849	be approved by the supervisor of elections on or before the
1850	Tuesday before the election. Poll watchers for early voting
1851	areas shall be approved by the supervisor of elections no later
1852	than 7 days before early voting begins. The supervisor shall
1853	furnish to each election board precinct a list of the poll
1854	watchers designated and approved for such polling room or early
1855	voting area precinct.
1856	(3)  No candidate or sheriff, deputy sheriff, police
1857	officer, or other law enforcement officer may be designated as a
1858	poll watcher.
1859	Section 29.  Subsection (1) of section 101.151, Florida
1860	Statutes, is amended to read:
1861	101.151  Specifications for ballots.--
1862	(1)  Marksense Paper ballots shall be printed on paper of
1863	such thickness that the printing cannot be distinguished from
1864	the back and shall meet the specifications of the voting system
1865	that will be used to tabulate the ballots.
1866	Section 30.  Section 101.171, Florida Statutes, is amended
1867	to read:
1868	101.171  Copy of constitutional amendment to be available
1869	at voting locations posted.--Whenever any amendment to the State
1870	Constitution is to be voted upon at any election, the Department
1871	of State shall have printed, and shall furnish to each
1872	supervisor of elections, a sufficient number of copies of the
1873	amendment either in poster or booklet form, and the supervisor
1874	shall have a copy thereof conspicuously posted or available at
1875	each polling room or early voting area precinct upon the day of
1876	election.
1877	Section 31.  Section 101.294, Florida Statutes, is amended
1878	to read:
1879	101.294  Purchase and sale of voting equipment.--
1880	(1)  The Division of Elections of the Department of State
1881	shall adopt uniform rules for the purchase, use, and sale of
1882	voting equipment in the state.  No governing body shall purchase
1883	or cause to be purchased any voting equipment unless such
1884	equipment has been certified for use in this state by the
1885	Department of State.
1886	(2)  Any governing body contemplating the purchase or sale
1887	of voting equipment shall notify the Division of Elections of
1888	such considerations.  The division shall attempt to coordinate
1889	the sale of excess or outmoded equipment by one county with
1890	purchases of necessary equipment by other counties.
1891	(3)  The division shall inform the governing bodies of the
1892	various counties of the state of the availability of new or used
1893	voting equipment and of sources available for obtaining such
1894	equipment.
1895	(4)  A vendor of voting equipment may not provide an
1896	uncertified voting system, voting system component, or voting
1897	system upgrade to a local governing body or supervisor of
1898	elections in this state.
1899	(5)  Before or in conjunction with providing a voting
1900	system, voting system component, or voting system upgrade, the
1901	vendor shall provide the local governing body or supervisor of
1902	elections with a sworn certification that the voting system,
1903	voting system component, or voting system upgrade being provided
1904	has been certified by the Division of Elections.
1905	Section 32.  Section 101.295, Florida Statutes, is amended
1906	to read:
1907	101.295  Penalties for violation.--
1908	(1)  Any member of a governing body which purchases or
1909	sells voting equipment in violation of the provisions of ss.
1910	101.292-101.295, which member knowingly votes to purchase or
1911	sell voting equipment in violation of the provisions of ss.
1912	101.292-101.295, is guilty of a misdemeanor of the first degree,
1913	punishable as provided by s. 775.082 or s. 775.083, and shall be
1914	subject to suspension from office on the grounds of malfeasance.
1915	(2)  Any vendor, chief executive officer, or vendor
1916	representative of voting equipment who provides a voting system,
1917	voting system component, or voting system upgrade in violation
1918	of this chapter commits a felony of the third degree, punishable
1919	as provided in s. 775.082, s. 775.083, or s. 775.084.
1920	Section 33.  Section 101.49, Florida Statutes, is amended
1921	to read:
1922	101.49  Procedure of election officers where signatures
1923	differ.--
1924	(1)  Whenever any clerk or inspector, upon a just
1925	comparison of the signatures, doubts that the signature on the
1926	identification presented by the of any elector who presents
1927	himself or herself at the polls to vote is the same as the
1928	signature of the elector affixed on the precinct register or
1929	early voting certificate in the registration book, the clerk or
1930	inspector shall deliver to the person an affidavit which shall
1931	be in substantially the following form:
1932
1933	STATE OF FLORIDA,
1934	COUNTY OF .....
1935	I do solemnly swear (or affirm) that my name is ....; that
1936	I am .... years old; that I was born in the State of ....; that
1937	I am registered to vote, and at the time I registered I resided
1938	on .... Street, in the municipality of ...., County of ....,
1939	State of Florida; that I am a qualified voter of the county and
1940	state aforesaid and have not voted in this election.
1941	...(Signature of voter)...
1942	Sworn to and subscribed before me this .... day of .
1943	...., A. D....(year)....
1944	...(Clerk or inspector of election)...
1945	Precinct No. .....
1946	County of .....
1947
1948	(2)  The person shall fill out, in his or her own
1949	handwriting or with assistance from a member of the election
1950	board, the form and make an affidavit to the facts stated in the
1951	filled-in form; such affidavit shall then be sworn to and
1952	subscribed before one of the inspectors or clerks of the
1953	election who is authorized to administer the oath. Whenever the
1954	affidavit is made and filed with the clerk or inspector, the
1955	person shall then be admitted to cast his or her vote, but if
1956	the person fails or refuses to make out or file such affidavit
1957	and asserts his or her eligibility, then he or she shall be
1958	entitled to vote a provisional ballot not be permitted to vote.
1959	Section 34.  Effective July 1, 2005, subsection (1) of
1960	section 101.51, Florida Statutes, as amended by section 11 of
1961	chapter 2002-281, Laws of Florida, is amended to read:
1962	101.51  Electors to occupy booth alone.--
1963	(1)  When the elector presents himself or herself to vote,
1964	the election official shall ascertain whether the elector's name
1965	is upon the register of electors, and, if the elector's name
1966	appears and no challenge interposes, or, if interposed, be not
1967	sustained, one of the election officials stationed at the
1968	entrance shall announce the name of the elector and permit him
1969	or her to enter the booth or compartment to cast his or her
1970	vote, allowing only one elector at a time to pass through to
1971	vote. An elector, while casting his or her ballot, may not
1972	occupy a booth or compartment already occupied or speak with
1973	anyone, except as provided by s. 101.051, while in the polling
1974	place.
1975	Section 35.  Subsection (4) of section 101.5606, Florida
1976	Statutes, is amended to read:
1977	101.5606  Requirements for approval of systems.--No
1978	electronic or electromechanical voting system shall be approved
1979	by the Department of State unless it is so constructed that:
1980	(4)  For systems using marksense paper ballots, it accepts
1981	a rejected ballot pursuant to subsection (3) if a voter chooses
1982	to cast the ballot, but records no vote for any office that has
1983	been overvoted or undervoted.
1984	Section 36.  Subsections (2) and (3) of section 101.5608,
1985	Florida Statutes, are amended to read:
1986	101.5608  Voting by electronic or electromechanical method;
1987	procedures.--
1988	(2)  When an electronic or electromechanical voting system
1989	utilizes a ballot card or marksense paper ballot, the following
1990	procedures shall be followed:
1991	(a)  After receiving a ballot from an inspector, the
1992	elector shall, without leaving the polling place, retire to a
1993	booth or compartment and mark the ballot. After preparing his or
1994	her ballot, the elector shall place the ballot in a secrecy
1995	envelope with the stub exposed or shall fold over that portion
1996	on which write-in votes may be cast, as instructed, so that the
1997	ballot will be deposited in the ballot box without exposing the
1998	voter's choices. Before the ballot is deposited in the ballot
1999	box, the inspector shall detach the exposed stub and place it in
2000	a separate envelope for audit purposes; when a fold-over ballot
2001	is used, the entire ballot shall be placed in the ballot box.
2002	(b)  Any voter who spoils his or her ballot or makes an
2003	error may return the ballot to the election official and secure
2004	another ballot, except that in no case shall a voter be
2005	furnished more than three ballots. If the vote tabulation device
2006	has rejected a ballot, the ballot shall be considered spoiled
2007	and a new ballot shall be provided to the voter unless the voter
2008	chooses to cast the rejected ballot. The election official,
2009	without examining the original ballot, shall state the possible
2010	reasons for the rejection and shall provide instruction to the
2011	voter pursuant to s. 101.5611. A spoiled ballot shall be
2012	preserved, without examination, in an envelope provided for that
2013	purpose. The stub shall be removed from the ballot and placed in
2014	an envelope.
2015	(c)  The supervisor of elections shall prepare for each
2016	polling place at least one ballot box to contain the ballots of
2017	a particular precinct, and each ballot box shall be plainly
2018	marked with the name of the precinct for which it is intended.
2019	(3)  The Department of State shall promulgate rules
2020	regarding voting procedures to be used when an electronic or
2021	electromechanical voting system is of a type which does not
2022	utilize a ballot card or marksense paper ballot.
2023	Section 37.  Subsection (2) of section 101.5612, Florida
2024	Statutes, is amended to read:
2025	101.5612  Testing of tabulating equipment.--
2026	(2)  On any day not more than 10 days prior to the
2027	commencement of early voting as provided in s. 101.657, the
2028	supervisor of elections shall have the automatic tabulating
2029	equipment publicly tested to ascertain that the equipment will
2030	correctly count the votes cast for all offices and on all
2031	measures. If the ballots to be used at the polling place on
2032	election day are not available at the time of the testing, the
2033	supervisor may conduct an additional test not more than 10 days
2034	before election day. Public notice of the time and place of the
2035	test shall be given at least 48 hours prior thereto by
2036	publication once in one or more newspapers of general
2037	circulation in the county or, if there is no newspaper of
2038	general circulation in the county, by posting the notice in at
2039	least four conspicuous places in the county. The supervisor or
2040	the municipal elections official may, at the time of qualifying,
2041	give written notice of the time and location of the public
2042	preelection test to each candidate qualifying with that office
2043	and obtain a signed receipt that the notice has been given. The
2044	Department of State shall give written notice to each statewide
2045	candidate at the time of qualifying, or immediately at the end
2046	of qualifying, that the voting equipment will be tested and
2047	advise each candidate to contact the county supervisor of
2048	elections as to the time and location of the public preelection
2049	test. The supervisor or the municipal elections official shall,
2050	at least 15 days prior to the commencement of early voting as
2051	provided in s. 101.657, send written notice by certified mail to
2052	the county party chair of each political party and to all
2053	candidates for other than statewide office whose names appear on
2054	the ballot in the county and who did not receive written
2055	notification from the supervisor or municipal elections official
2056	at the time of qualifying, stating the time and location of the
2057	public preelection test of the automatic tabulating equipment.
2058	The canvassing board shall convene, and each member of the
2059	canvassing board shall certify to the accuracy of the test. For
2060	the test, the canvassing board may designate one member to
2061	represent it. The test shall be open to representatives of the
2062	political parties, the press, and the public. Each political
2063	party may designate one person with expertise in the computer
2064	field who shall be allowed in the central counting room when all
2065	tests are being conducted and when the official votes are being
2066	counted. The designee shall not interfere with the normal
2067	operation of the canvassing board.
2068	Section 38.  Subsection (5) of section 101.5614, Florida
2069	Statutes, is amended to read:
2070	101.5614  Canvass of returns.--
2071	(5)  If any absentee ballot is physically damaged so that
2072	it cannot properly be counted by the automatic tabulating
2073	equipment, a true duplicate copy shall be made of the damaged
2074	ballot in the presence of witnesses and substituted for the
2075	damaged ballot. Likewise, a duplicate ballot shall be made of an
2076	absentee ballot containing an overvoted race or a marked
2077	absentee ballot in which every race is undervoted which shall
2078	include all valid votes as determined by the canvassing board
2079	based on rules adopted by the division pursuant to s.
2080	102.166(4)(5). All duplicate ballots shall be clearly labeled
2081	"duplicate," bear a serial number which shall be recorded on the
2082	defective ballot, and be counted in lieu of the defective
2083	ballot. After a ballot has been duplicated, the defective ballot
2084	shall be placed in an envelope provided for that purpose, and
2085	the duplicate ballot shall be tallied with the other ballots for
2086	that precinct.
2087	Section 39.  Section 101.572, Florida Statutes, is amended
2088	to read:
2089	101.572  Public inspection of ballots.--The official
2090	ballots and ballot cards received from election boards and
2091	removed from absentee ballot mailing envelopes shall be open for
2092	public inspection or examination while in the custody of the
2093	supervisor of elections or the county canvassing board at any
2094	reasonable time, under reasonable conditions; however, no
2095	persons other than the supervisor of elections or his or her
2096	employees or the county canvassing board shall handle any
2097	official ballot or ballot card. If the ballots are being
2098	examined prior to the end of the contest period in s. 102.168,
2099	the supervisor of elections shall make a reasonable effort to
2100	notify all candidates whose names appear on such ballots or
2101	ballot cards by telephone or otherwise of the time and place of
2102	the inspection or examination.  All such candidates, or their
2103	representatives, shall be allowed to be present during the
2104	inspection or examination.
2105	Section 40.  Section 101.58, Florida Statutes, is amended
2106	to read:
2107	101.58  Supervising and observing registration and election
2108	processes.--
2109	(1)  The Department of State may, at any time it deems fit;
2110	upon the petition of 5 percent of the registered electors; or
2111	upon the petition of any candidate, county executive committee
2112	chair, state committeeman or committeewoman, or state executive
2113	committee chair, appoint one or more deputies whose duties shall
2114	be to observe and examine the registration and election
2115	processes and the condition, custody, and operation of voting
2116	systems and equipment in any county or municipality. The deputy
2117	shall have access to all registration books and records as well
2118	as any other records or procedures relating to the voting
2119	process. The deputy may supervise preparation of the voting
2120	equipment and procedures for election, and it shall be unlawful
2121	for any person to obstruct the deputy in the performance of his
2122	or her duty. The deputy shall file with the Department of State
2123	a report of his or her findings and observations of the
2124	registration and election processes in the county or
2125	municipality, and a copy of the report shall also be filed with
2126	the clerk of the circuit court of said county. The compensation
2127	of such deputies shall be fixed by the Department of State; and
2128	costs incurred under this section shall be paid from the annual
2129	operating appropriation made to the Department of State.
2130	(2)  Upon the written direction of the Secretary of State,
2131	any employee of the Department of State having expertise in the
2132	matter of concern to the Secretary of State shall have full
2133	access to all premises, records, equipment, and staff of the
2134	supervisor of elections.
2135	Section 41.  Subsection (1) of section 101.595, Florida
2136	Statutes, is amended to read:
2137	101.595  Analysis and reports of voting problems.--
2138	(1)  No later than December 15 of each general election
2139	year, the supervisor of elections in each county shall report to
2140	the Department of State the total number of overvotes and
2141	undervotes in the "President and Vice President" or "Governor
2142	and Lieutenant Governor" race that appears first on the ballot
2143	or, if neither appears, the first race appearing on the ballot
2144	pursuant to s. 101.151(2), along with the likely reasons for
2145	such overvotes and undervotes and other information as may be
2146	useful in evaluating the performance of the voting system and
2147	identifying problems with ballot design and instructions which
2148	may have contributed to voter confusion.
2149	Section 42.  Section 101.6103, Florida Statutes, is amended
2150	to read:
2151	101.6103  Mail ballot election procedure.--
2152	(1)  Except as otherwise provided in subsection (7) (6),
2153	the supervisor of elections shall mail all official ballots with
2154	a secrecy envelope, a return mailing envelope, and instructions
2155	sufficient to describe the voting process to each elector
2156	entitled to vote in the election not sooner than the 20th day
2157	before the election and not later than the 10th day before the
2158	date of the election.  All such ballots shall be mailed by
2159	first-class mail. Ballots shall be addressed to each elector at
2160	the address appearing in the registration records and placed in
2161	an envelope which is prominently marked "Do Not Forward."
2162	(2)  Upon receipt of the ballot the elector shall mark the
2163	ballot, place it in the secrecy envelope, sign the return
2164	mailing envelope supplied with the ballot, and comply with the
2165	instructions provided with the ballot. The elector shall mail,
2166	deliver, or have delivered the marked ballot so that it reaches
2167	the supervisor of elections no later than 7 p.m. on the day of
2168	the election.  The ballot must be returned in the return mailing
2169	envelope.
2170	(3)  The return mailing envelope shall contain a statement
2171	in substantially the following form:
2172
2173	VOTER'S CERTIFICATE
2174
2175	I, (Print Name), do solemnly swear (or affirm) that I am a
2176	qualified voter in this election and that I have not and will
2177	not vote more than one ballot in this election.
2178	I understand that failure to sign this certificate and give
2179	my residence address will invalidate my ballot.
2180	...(Signature)...
2181	...(Residence Address)...
2182
2183	(4)  If the ballot is destroyed, spoiled, lost, or not
2184	received by the elector, the elector may obtain a replacement
2185	ballot from the supervisor of elections as provided in this
2186	subsection.  An elector seeking a replacement ballot shall sign
2187	a sworn statement that the ballot was destroyed, spoiled, lost,
2188	or not received and present such statement to the supervisor of
2189	elections prior to 7 p.m. on the day of the election.  The
2190	supervisor of elections shall keep a record of each replacement
2191	ballot provided under this subsection.
2192	(5)  A ballot shall be counted only if:
2193	(a)  It is returned in the return mailing envelope;
2194	(b)  The elector's signature has been verified as provided
2195	in this subsection; and
2196	(c)  It is received by the supervisor of elections not
2197	later than 7 p.m. on the day of the election.
2198
2199	The supervisor of elections shall verify the signature of each
2200	elector on the return mailing envelope with the signature on the
2201	elector's registration records.  Such verification may commence
2202	at any time prior to the canvass of votes.  The supervisor of
2203	elections shall safely keep the ballot unopened in his or her
2204	office until the county canvassing board canvasses the vote.  If
2205	the supervisor of elections determines that an elector to whom a
2206	replacement ballot has been issued under subsection (4) has
2207	voted more than once, the canvassing board shall determine which
2208	ballot, if any, is to be counted.
2209	(6)  The canvassing board may begin the canvassing of mail
2210	ballots at 7 a.m. on the fourth day before the election,
2211	including processing the ballots through the tabulating
2212	equipment. However, results may not be released until after 7
2213	p.m. on election day. Any canvassing board member or election
2214	employee who releases any result before 7 p.m. on election day
2215	commits a felony of the third degree, punishable as provided in
2216	s. 775.082, s. 775.083, or s. 775.084.
2217	(7)(6)  With respect to absent electors overseas entitled
2218	to vote in the election, the supervisor of elections shall mail
2219	an official ballot with a secrecy envelope, a return mailing
2220	envelope, and instructions sufficient to describe the voting
2221	process to each such elector on a date sufficient to allow such
2222	elector time to vote in the election and to have his or her
2223	marked ballot reach the supervisor by 7 p.m. on the day of the
2224	election.
2225	(8)  Effective July 1, 2005, a ballot that otherwise
2226	satisfies the requirements of subsection (5) shall be counted
2227	even if the elector dies after mailing the ballot but before
2228	election day, as long as, prior to the death of the voter, the
2229	ballot was:
2230	(a)  Postmarked by the United States Postal Service;
2231	(b)  Date-stamped with a verifiable tracking number by
2232	common carrier; or
2233	(c)  Already in the possession of the supervisor of
2234	elections.
2235	Section 43.  Section 101.62, Florida Statutes, is amended
2236	to read:
2237	101.62  Request for absentee ballots.--
2238	(1)(a)  The supervisor may accept a request for an absentee
2239	ballot from an elector in person or in writing. Except as
2240	provided in s. 101.694, one request shall be deemed sufficient
2241	to receive an absentee ballot for all elections which are held
2242	within a calendar year, unless the elector or the elector's
2243	designee indicates at the time the request is made the elections
2244	for which the elector desires to receive an absentee ballot.
2245	Such request may be considered canceled when any first-class
2246	mail sent by the supervisor to the elector is returned as
2247	undeliverable.
2248	(b)  The supervisor may accept a written or telephonic
2249	request for an absentee ballot from the elector, or, if directly
2250	instructed by the elector, a member of the elector's immediate
2251	family, or the elector's legal guardian. For purposes of this
2252	section, the term "immediate family" has the same meaning as
2253	specified in paragraph (4)(b).  The person making the request
2254	must disclose:
2255	1.  The name of the elector for whom the ballot is
2256	requested;
2257	2.  The elector's address;
2258	3.  The elector's date of birth;
2259	4.  The requester's name;
2260	5.  The requester's address;
2261	6.  The requester's driver's license number, if available;
2262	7.  The requester's relationship to the elector; and
2263	8.  The requester's signature (written requests only).
2264	(2)  If A request for an absentee ballot to be mailed to a
2265	voter must be is received no later than 5 p.m. on the sixth day
2266	after the Friday before the election by the supervisor of
2267	elections from an absent elector overseas, the supervisor shall
2268	send a notice to the elector acknowledging receipt of his or her
2269	request and notifying the elector that the ballot will not be
2270	forwarded due to insufficient time for return of the ballot by
2271	the required deadline. The supervisor of elections shall mail
2272	absentee ballots to voters requesting ballots by such deadline
2273	no later than 4 days before the election.
2274	(3)  For each request for an absentee ballot received, the
2275	supervisor shall record the date the request was made, the date
2276	the absentee ballot was delivered to the voter or the voter's
2277	designee or the date the absentee ballot was delivered to the
2278	post office or other carrier or mailed, the date the ballot was
2279	received by the supervisor, and such other information he or she
2280	may deem necessary. This information shall be provided in
2281	electronic format as provided by rule adopted by the division.
2282	The information shall be updated and made available no later
2283	than noon of each day and shall be contemporaneously provided to
2284	the division. This information shall be confidential and exempt
2285	from the provisions of s. 119.07(1) and shall be made available
2286	to or reproduced only for the voter requesting the ballot, a
2287	canvassing board, an election official, a political party or
2288	official thereof, a candidate who has filed qualification papers
2289	and is opposed in an upcoming election, and registered political
2290	committees or registered committees of continuous existence, for
2291	political purposes only.
2292	(4)(a)  To each absent qualified elector overseas who has
2293	requested an absentee ballot, the supervisor of elections shall,
2294	not fewer than 35 days before the first primary election, mail
2295	an absentee ballot.  Not fewer than 45 days before the second
2296	primary and general election, the supervisor of elections shall
2297	mail an absentee ballot. If the regular absentee ballots are not
2298	available, the supervisor shall mail an advance absentee ballot
2299	to those persons requesting ballots for such elections.  The
2300	advance absentee ballot for the second primary shall be the same
2301	as the first primary absentee ballot as to the names of
2302	candidates, except that for any offices where there are only two
2303	candidates, those offices and all political party executive
2304	committee offices shall be omitted.  Except as provided in ss.
2305	99.063(4) and 100.371(6), the advance absentee ballot for the
2306	general election shall be as specified in s. 101.151, except
2307	that in the case of candidates of political parties where
2308	nominations were not made in the first primary, the names of the
2309	candidates placing first and second in the first primary
2310	election shall be printed on the advance absentee ballot. The
2311	advance absentee ballot or advance absentee ballot information
2312	booklet shall be of a different color for each election and also
2313	a different color from the absentee ballots for the first
2314	primary, second primary, and general election. The supervisor
2315	shall mail an advance absentee ballot for the second primary and
2316	general election to each qualified absent elector for whom a
2317	request is received until the absentee ballots are printed. The
2318	supervisor shall enclose with the advance second primary
2319	absentee ballot and advance general election absentee ballot an
2320	explanation stating that the absentee ballot for the election
2321	will be mailed as soon as it is printed; and, if both the
2322	advance absentee ballot and the absentee ballot for the election
2323	are returned in time to be counted, only the absentee ballot
2324	will be counted. The Department of State may prescribe by rule
2325	the requirements for preparing and mailing absentee ballots to
2326	absent qualified electors overseas.
2327	(b)  As soon as the remainder of the absentee ballots are
2328	printed, the supervisor shall provide an absentee ballot to each
2329	elector by whom a request for that ballot has been made by one
2330	of the following means:
2331	1.  By nonforwardable, return-if-undeliverable mail to the
2332	elector's current mailing address on file with the supervisor,
2333	unless the elector specifies in the request that:
2334	a.  The elector is absent from the county and does not plan
2335	to return before the day of the election;
2336	b.  The elector is temporarily unable to occupy the
2337	residence because of hurricane, tornado, flood, fire, or other
2338	emergency or natural disaster; or
2339	c.  The elector is in a hospital, assisted-living facility,
2340	nursing home, short-term medical or rehabilitation facility, or
2341	correctional facility,
2342
2343	in which case the supervisor shall mail the ballot by
2344	nonforwardable, return-if-undeliverable mail to any other
2345	address the elector specifies in the request.
2346	2.  By forwardable mail to voters who are entitled to vote
2347	by absentee ballot under the Uniformed and Overseas Citizens
2348	Absentee Voting Act.
2349	3.  By personal delivery before 7 p.m. on election day to
2350	the elector, upon presentation of the identification required in
2351	s. 101.657.
2352	4.  By delivery to a designee on election day or up to 4
2353	days prior to the day of an election. Any elector may designate
2354	in writing a person to pick up the ballot for the elector;
2355	however, the person designated may not pick up more than two
2356	absentee ballots per election, other than the designee's own
2357	ballot, except that additional ballots may be picked up for
2358	members of the designee's immediate family.  For purposes of
2359	this section, "immediate family" means the designee's spouse or
2360	the parent, child, grandparent, or sibling of the designee or of
2361	the designee's spouse.  The designee shall provide to the
2362	supervisor the written authorization by the elector and a
2363	picture identification of the designee and must complete an
2364	affidavit.  The designee shall state in the affidavit that the
2365	designee is authorized by the elector to pick up that ballot and
2366	shall indicate if the elector is a member of the designee's
2367	immediate family and, if so, the relationship.  The department
2368	shall prescribe the form of the affidavit. If the supervisor is
2369	satisfied that the designee is authorized to pick up the ballot
2370	and that the signature of the elector on the written
2371	authorization matches the signature of the elector on file, the
2372	supervisor shall give the ballot to that designee for delivery
2373	to the elector.
2374	(5)  In the event that the Elections Canvassing Commission
2375	is unable to certify the results of an election for a state
2376	office in time to comply with subsection (4), the Department of
2377	State is authorized to prescribe rules for a ballot to be sent
2378	to absent electors overseas.
2379	(6)  Nothing other than the materials necessary to vote
2380	absentee shall be mailed or delivered with any absentee ballot.
2381	Section 44.  Section 101.64, Florida Statutes, is amended
2382	to read:
2383	101.64  Delivery of absentee ballots; envelopes; form.--
2384	(1)  The supervisor shall enclose with each absentee ballot
2385	two envelopes: a secrecy envelope, into which the absent elector
2386	shall enclose his or her marked ballot; and a mailing envelope,
2387	into which the absent elector shall then place the secrecy
2388	envelope, which shall be addressed to the supervisor and also
2389	bear on the back side a certificate in substantially the
2390	following form:
2391
2392	Note: Please Read Instructions Carefully Before
2393	Marking Ballot and Completing Voter's Certificate.
2394
2395	VOTER'S CERTIFICATE
2396	I, ...., do solemnly swear or affirm that I am a qualified
2397	and registered voter of .... County, Florida, and that I have
2398	not and will not vote more than one ballot in this election. I
2399	understand that if I commit or attempt to commit any fraud in
2400	connection with voting, vote a fraudulent ballot, or vote more
2401	than once in an election, I can be convicted of a felony of the
2402	third degree and fined up to $5,000 and/or imprisoned for up to
2403	5 years. I also understand that failure to sign this certificate
2404	will invalidate my ballot.
2405
2406	...(Date)...                          ...(Voter's Signature)...
2407
2408	(2)  The certificate shall be arranged on the back of the
2409	mailing envelope so that the line for the signature of the
2410	absent elector is across the seal of the envelope; however, no
2411	statement shall appear on the envelope which indicates that a
2412	signature of the voter must cross the seal of the envelope. The
2413	absent elector shall execute the certificate on the envelope.
2414	(3)  In lieu of the voter's certificate provided in this
2415	section, the supervisor of elections shall provide each person
2416	voting absentee under the Uniformed and Overseas Citizens
2417	Absentee Voting Act with the standard oath prescribed by the
2418	presidential designee.
2419	Section 45.  Subsection (1) of section 101.657, Florida
2420	Statutes, is amended, present subsection (2) of that section is
2421	renumbered as subsection (4), and new subsections (2) and (3)
2422	are added to that section, to read:
2423	101.657  Early voting.--
2424	(1)(a)  As a convenience to the voter, the supervisor of
2425	elections shall allow an elector to vote early in the main or
2426	branch office of the supervisor by depositing the voted ballot
2427	in a voting device used by the supervisor to collect or tabulate
2428	ballots. In order for a branch office to be used for early
2429	voting, it shall be a permanent full-service facility of the
2430	supervisor and shall have been designated and used as such for
2431	at least 1 year prior to the election. The supervisor may also
2432	designate any city hall or permanent public library facility as
2433	early voting sites; however, if so designated, the sites must be
2434	geographically located so as to provide all voters in the county
2435	an equal opportunity to cast a ballot, insofar as is
2436	practicable. The results or tabulation of votes cast during
2437	early voting may not be made before the close of the polls on
2438	election day. Results shall be reported by precinct.
2439	(b)  The supervisor shall designate each early voting site
2440	by no later than the 30th day prior to an election and shall
2441	designate an early voting area, as defined in s. 97.021, at each
2442	early voting site.
2443	(c)  All early voting sites in a county shall be open on
2444	the same days for the same amount of time and shall allow any
2445	person in line at the closing of an early voting site to vote.
2446	(d)(b)  Early voting shall begin on the 15th day before an
2447	election and end on the 2nd day before an election. For purposes
2448	of a special election held pursuant to s. 100.101, early voting
2449	shall begin on the 8th day before an election and end on the 2nd
2450	day before an election. Early voting shall be provided for at
2451	least 8 hours per weekday and 8 hours in the aggregate each
2452	weekend at each site during the applicable periods. Early voting
2453	sites shall open no sooner than 7 a.m. and close no later than 7
2454	p.m. on each applicable day during the applicable periods. Early
2455	voting shall also be provided for 8 hours in the aggregate for
2456	each weekend during the applicable periods.
2457	(e)  Notwithstanding the requirements of s. 100.3605,
2458	municipalities may provide early voting in municipal elections
2459	that are not held in conjunction with county or state elections.
2460	If a municipality provides early voting, it may designate as
2461	many sites as necessary and shall conduct its activities in
2462	accordance with the provisions of paragraphs (a)-(c). The
2463	supervisor is not required to conduct early voting if it is
2464	provided pursuant to this subsection.
2465	(f)  Notwithstanding the requirements of s. 189.405,
2466	special districts may provide early voting in any district
2467	election not held in conjunction with county or state elections.
2468	If a special district provides early voting, it may designate as
2469	many sites as necessary and shall conduct its activities in
2470	accordance with the provisions of paragraphs (a)-(c). The
2471	supervisor is not required to conduct early voting if it is
2472	provided pursuant to this subsection.
2473	(2)  During any early voting period, each supervisor of
2474	elections shall make available the total number of voters
2475	casting a ballot at each early voting location during the
2476	previous day. Each supervisor shall prepare an electronic data
2477	file listing the individual voters who cast a ballot during the
2478	early voting period. This information shall be provided in
2479	electronic format as provided by rule adopted by the division.
2480	The information shall be updated and made available no later
2481	than noon of each day and shall be contemporaneously provided to
2482	the division.
2483	(3)  The ballot of each elector voting early shall be
2484	counted even if the elector dies on or before election day.
2485	Section 46.  Subsection (2) of section 101.663, Florida
2486	Statutes, is amended to read:
2487	101.663  Electors; change of residence.--
2488	(2)  An elector registered in this state who moves his or
2489	her permanent residence to another state after the registration
2490	books in that state have closed and who is prohibited by the
2491	laws of that state from voting for the offices of President and
2492	Vice President of the United States shall be permitted to vote
2493	absentee in the county of his or her former residence for the
2494	offices of President and Vice President of the United States
2495	those offices.
2496	Section 47.  Subsection (1) and paragraph (c) of subsection
2497	(2) of section 101.68, Florida Statutes, are amended to read:
2498	101.68  Canvassing of absentee ballot.--
2499	(1)  The supervisor of the county where the absent elector
2500	resides shall receive the voted ballot, at which time the
2501	supervisor shall compare the signature of the elector on the
2502	voter's certificate with the signature of the elector in the
2503	registration books to determine whether the elector is duly
2504	registered in the county and may record on the elector's
2505	registration certificate that the elector has voted. However,
2506	effective July 1, 2005, an elector who dies after casting an
2507	absentee ballot but on or before election day shall remain
2508	listed in the registration books until the results have been
2509	certified for the election in which the ballot was cast. The
2510	supervisor shall safely keep the ballot unopened in his or her
2511	office until the county canvassing board canvasses the vote.
2512	After an absentee ballot is received by the supervisor, the
2513	ballot is deemed to have been cast, and changes or additions may
2514	not be made to the voter's certificate.
2515	(2)
2516	(c)1.  The canvassing board shall, if the supervisor has
2517	not already done so, compare the signature of the elector on the
2518	voter's certificate with the signature of the elector in the
2519	registration books to see that the elector is duly registered in
2520	the county and to determine the legality of that absentee
2521	ballot. Effective July 1, 2005, the ballot of an elector who
2522	casts an absentee ballot shall be counted even if the elector
2523	dies on or before election day, as long as, prior to the death
2524	of the voter, the ballot was postmarked by the United States
2525	Postal Service, date-stamped with a verifiable tracking number
2526	by common carrier, or already in the possession of the
2527	supervisor of elections. An absentee ballot shall be considered
2528	illegal if it does not include the signature of the elector, as
2529	shown by the registration records. However, an absentee ballot
2530	shall not be considered illegal if the signature of the elector
2531	does not cross the seal of the mailing envelope. If the
2532	canvassing board determines that any ballot is illegal, a member
2533	of the board shall, without opening the envelope, mark across
2534	the face of the envelope: "rejected as illegal." The envelope
2535	and the ballot contained therein shall be preserved in the
2536	manner that official ballots voted are preserved.
2537	2.  If any elector or candidate present believes that an
2538	absentee ballot is illegal due to a defect apparent on the
2539	voter's certificate, he or she may, at any time before the
2540	ballot is removed from the envelope, file with the canvassing
2541	board a protest against the canvass of that ballot, specifying
2542	the precinct, the ballot, and the reason he or she believes the
2543	ballot to be illegal. A challenge based upon a defect in the
2544	voter's certificate may not be accepted after the ballot has
2545	been removed from the mailing envelope.
2546	Section 48.  Section 101.69, Florida Statutes, is amended
2547	to read:
2548	101.69  Voting in person; return of absentee ballot.--The
2549	provisions of this code shall not be construed to prohibit any
2550	elector from voting in person at the elector's precinct on the
2551	day of an election or at an early voting site, notwithstanding
2552	that the elector has requested an absentee ballot for that
2553	election. An elector who has returned a voted absentee ballot to
2554	the supervisor, however, is deemed to have cast his or her
2555	ballot and is not entitled to vote another ballot or to have a
2556	provisional ballot counted by the county canvassing board. An
2557	elector who has received an absentee ballot and has not returned
2558	the voted ballot to the supervisor, but desires to vote in
2559	person, shall return the ballot, whether voted or not, to the
2560	election board in the elector's precinct or to an early voting
2561	site. The returned ballot shall be marked "canceled" by the
2562	board and placed with other canceled ballots. However, if the
2563	elector does not return the ballot and the election official:
2564	(1)  Confirms that the supervisor has received the
2565	elector's absentee ballot, the elector shall not be allowed to
2566	vote in person. If the elector maintains that he or she has not
2567	returned the absentee ballot or remains eligible to vote, the
2568	elector shall be provided a provisional ballot as provided in s.
2569	101.048.
2570	(2)  Confirms that the supervisor has not received the
2571	elector's absentee ballot, the elector shall be allowed to vote
2572	in person as provided in this code. The elector's absentee
2573	ballot, if subsequently received, shall not be counted and shall
2574	remain in the mailing envelope, and the envelope shall be marked
2575	"Rejected as Illegal."
2576	(3)  Cannot determine whether the supervisor has received
2577	the elector's absentee ballot, the elector may vote a
2578	provisional ballot as provided in s. 101.048.
2579	Section 49.  Section 101.6923, Florida Statutes, is amended
2580	to read:
2581	101.6923  Special absentee ballot instructions for certain
2582	first-time voters.--
2583	(1)  The provisions of this section apply to voters who
2584	registered to vote by mail, who have not previously voted in the
2585	county, and who have not provided the identification or
2586	information required by s. 97.0535 by the time the absentee
2587	ballot is mailed.
2588	(2)  A voter covered by this section shall be provided with
2589	the following printed instructions with his or her absentee
2590	ballot in substantially the following form:
2591
2592	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
2593	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
2594	YOUR BALLOT NOT TO COUNT.
2595
2596	1.  In order to ensure that your absentee ballot will be
2597	counted, it should be completed and returned as soon as possible
2598	so that it can reach the supervisor of elections of the county
2599	in which your precinct is located no later than 7 p.m. on the
2600	date of the election.
2601	2.  Mark your ballot in secret as instructed on the ballot.
2602	You must mark your own ballot unless you are unable to do so
2603	because of blindness, disability, or inability to read or write.
2604	3.  Mark only the number of candidates or issue choices for
2605	a race as indicated on the ballot. If you are allowed to "Vote
2606	for One" candidate and you vote for more than one, your vote in
2607	that race will not be counted.
2608	4.  Place your marked ballot in the enclosed secrecy
2609	envelope and seal the envelope.
2610	5.  Insert the secrecy envelope into the enclosed envelope
2611	bearing the Voter's Certificate. Seal the envelope and
2612	completely fill out the Voter's Certificate on the back of the
2613	envelope.
2614	a.  You must sign your name on the line above (Voter's
2615	Signature).
2616	b.  If you are an overseas voter, you must include the date
2617	you signed the Voter's Certificate on the line above (Date) or
2618	your ballot may not be counted.
2619	6.  Unless you meet one of the exemptions in Item 7., you
2620	must make a copy of one of the following forms of
2621	identification:
2622	a.  Identification which must include your name and
2623	photograph: current and valid Florida driver's license; Florida
2624	identification card issued by the Department of Highway Safety
2625	and Motor Vehicles; United States passport; employee badge or
2626	identification; buyer's club identification card; debit or
2627	credit card; military identification; student identification;
2628	retirement center identification; neighborhood association
2629	identification; entertainment identification; or public
2630	assistance identification; or
2631	b.  Identification which shows your name and current
2632	residence address: current utility bill, bank statement,
2633	government check, paycheck, or government document (excluding
2634	voter identification card).
2635	7.  The identification requirements of Item 6. do not apply
2636	if you meet one of the following requirements:
2637	a.  You are 65 years of age or older.
2638	b.  You have a temporary or permanent physical disability.
2639	c.  You are a member of a uniformed service on active duty
2640	who, by reason of such active duty, will be absent from the
2641	county on election day.
2642	d.  You are a member of the Merchant Marine who, by reason
2643	of service in the Merchant Marine, will be absent from the
2644	county on election day.
2645	e.  You are the spouse or dependent of a member referred to
2646	in paragraph c. or paragraph d. who, by reason of the active
2647	duty or service of the member, will be absent from the county on
2648	election day.
2649	f.  You are currently residing outside the United States.
2650	8.  Place the envelope bearing the Voter's Certificate into
2651	the mailing envelope addressed to the supervisor. Insert a copy
2652	of your identification in the mailing envelope. DO NOT PUT YOUR
2653	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2654	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2655	BALLOT WILL NOT COUNT.
2656	9.  Mail, deliver, or have delivered the completed mailing
2657	envelope. Be sure there is sufficient postage if mailed.
2658	10.  FELONY NOTICE. It is a felony under Florida law to
2659	accept any gift, payment, or gratuity in exchange for your vote
2660	for a candidate. It is also a felony under Florida law to vote
2661	in an election using a false identity or false address, or under
2662	any other circumstances making your ballot false or fraudulent.
2663	Section 50.  Subsection (3) of section 101.694, Florida
2664	Statutes, is amended to read:
2665	101.694  Mailing of ballots upon receipt of federal
2666	postcard application.--
2667	(3)  Absentee envelopes printed for voters entitled to vote
2668	absentee under the Uniformed and Overseas Citizens Absentee
2669	Voting Act shall meet the specifications as determined by the
2670	Federal Voting Assistance Program of the United States
2671	Department of Defense and the United States Postal Service.
2672	There shall be printed across the face of each envelope in which
2673	a ballot is sent to a federal postcard applicant, or is returned
2674	by such applicant to the supervisor, two parallel horizontal red
2675	bars, each one-quarter inch wide, extending from one side of the
2676	envelope to the other side, with an intervening space of one-
2677	quarter inch, the top bar to be 1? inches from the top of the
2678	envelope, and with the words "Official Election Balloting
2679	Material-via Air Mail," or similar language, between the bars.
2680	There shall be printed in the upper right corner of each such
2681	envelope, in a box, the words "Free of U. S. Postage, including
2682	Air Mail." All printing on the face of each envelope shall be in
2683	red, and there shall be printed in red in the upper left corner
2684	of each ballot envelope an appropriate inscription or blanks for
2685	return address of sender.  Additional specifications may be
2686	prescribed by rule of the Division of Elections upon
2687	recommendation of the presidential designee under the Uniformed
2688	and Overseas Citizens Absentee Voting Act. Otherwise, the
2689	envelopes shall be the same as those used in sending ballots to,
2690	or receiving them from, other absentee voters.
2691	Section 51.  Section 101.697, Florida Statutes, is amended
2692	to read:
2693	101.697  Electronic transmission of election materials.--
2694	The Department of State shall determine whether secure
2695	electronic means can be established for receiving ballots from
2696	overseas voters. If such security can be established, the
2697	department shall adopt rules to authorize a supervisor of
2698	elections to accept from an overseas voter a request for an
2699	absentee ballot or and a voted absentee ballot by secure
2700	facsimile machine transmission or other secure electronic means
2701	from overseas voters. The rules must provide that in order to
2702	accept a voted ballot, the verification of the voter must be
2703	established, the security of the transmission must be
2704	established, and each ballot received must be recorded.
2705	Section 52.  Section 102.012, Florida Statutes, is amended
2706	to read:
2707	102.012  Inspectors and clerks to conduct elections.--
2708	(1)  The supervisor of elections of each county, at least
2709	20 days prior to the holding of any election, shall appoint an
2710	election board comprised of poll workers who serve as clerks or
2711	inspectors two election boards for each precinct in the county;
2712	however, the supervisor of elections may, in any election,
2713	appoint one election board if the supervisor has reason to
2714	believe that only one is necessary. The clerk shall be in charge
2715	of, and responsible for, seeing that the election board carries
2716	out its duties and responsibilities. Each inspector and each
2717	clerk shall take and subscribe to an oath or affirmation, which
2718	shall be written or printed, to the effect that he or she will
2719	perform the duties of inspector or clerk of election,
2720	respectively, according to law and will endeavor to prevent all
2721	fraud, deceit, or abuse in conducting the election. The oath may
2722	be taken before an officer authorized to administer oaths or
2723	before any of the persons who are to act as inspectors, one of
2724	them to swear the others, and one of the others sworn thus, in
2725	turn, to administer the oath to the one who has not been sworn.
2726	The oaths shall be returned with the poll list and the returns
2727	of the election to the supervisor. In all questions that may
2728	arise before the members of an election board, the decision of a
2729	majority of them shall decide the question.  The supervisor of
2730	elections of each county shall be responsible for the attendance
2731	and diligent performance of his or her duties by each clerk and
2732	inspector.
2733	(2)  Each member of the election board shall be able to
2734	read and write the English language and shall be a registered
2735	qualified elector of the county in which the member is appointed
2736	or a person who has preregistered to vote, pursuant to s.
2737	97.041(1)(b), in the county in which the member is appointed. No
2738	election board shall be composed solely of members of one
2739	political party; however, in any primary in which only one party
2740	has candidates appearing on the ballot, all clerks and
2741	inspectors may be of that party. Any person whose name appears
2742	as an opposed candidate for any office shall not be eligible to
2743	serve on an election board.
2744	(3)  The supervisor shall furnish inspectors of election
2745	for each precinct with the list of registered voters for the
2746	precinct registration books divided alphabetically as will best
2747	facilitate the holding of an election. The supervisor shall also
2748	furnish to the inspectors of election at the polling place at
2749	each precinct in the supervisor's county a sufficient number of
2750	forms and blanks for use on election day.
2751	(4)(a)  The election board of each precinct shall attend
2752	the polling place by 6 a.m. of the day of the election and shall
2753	arrange the furniture, stationery, and voting equipment.
2754	(b)  The An election board shall conduct the voting,
2755	beginning and closing at the time set forth in s. 100.011. If
2756	more than one board has been appointed, the second board shall,
2757	upon the closing of the polls, come on duty and count the votes
2758	cast. In such case, the first board shall turn over to the
2759	second board all closed ballot boxes, registration books, and
2760	other records of the election at the time the boards change.
2761	The second board shall continue counting until the count is
2762	complete or until 7 a.m. the next morning, and, if the count is
2763	not completed at that time, the first board that conducted the
2764	election shall again report for duty and complete the count. The
2765	second board shall turn over to the first board all ballots
2766	counted, all ballots not counted, and all registration books and
2767	other records and shall advise the first board as to what has
2768	transpired in tabulating the results of the election.
2769	(5)  In precincts in which there are more than 1,000
2770	registered electors, the supervisor of elections shall appoint
2771	additional election boards necessary for the election.
2772	(6)  In any precinct in which there are fewer than 300
2773	registered electors, it is not necessary to appoint two election
2774	boards, but one such board will suffice. Such board shall be
2775	composed of at least one inspector and one clerk.
2776	Section 53.  Subsections (1), (2), (3), and (5) of section
2777	102.014, Florida Statutes, is amended to read:
2778	102.014  Poll worker recruitment and training.--
2779	(1)  The supervisor of elections shall conduct training for
2780	inspectors, clerks, and deputy sheriffs prior to each primary,
2781	general, and special election for the purpose of instructing
2782	such persons in their duties and responsibilities as election
2783	officials. The Division of Elections shall develop a statewide
2784	uniform training curriculum for poll workers, and each
2785	supervisor shall use such curriculum in training poll workers. A
2786	certificate may be issued by the supervisor of elections to each
2787	person completing such training. No person shall serve as an
2788	inspector, clerk, or deputy sheriff for an election unless such
2789	person has completed the training as required. A clerk may not
2790	work at the polls unless he or she demonstrates a working
2791	knowledge of the laws and procedures relating to voter
2792	registration, voting system operation, balloting and polling
2793	place procedures, and problem-solving and conflict-resolution
2794	skills.
2795	(2)  A person who has attended previous training conducted
2796	within 2 years before the election may be appointed by the
2797	supervisor to fill a vacancy on an election board day.  If no
2798	person with prior training is available to fill such vacancy,
2799	the supervisor of elections may fill such vacancy in accordance
2800	with the provisions of subsection (3) from among persons who
2801	have not received the training required by this section.
2802	(3)  In the case of absence or refusal to act on the part
2803	of any inspector or clerk at any precinct on the day of an
2804	election, the supervisor shall appoint a replacement who meets
2805	the qualifications prescribed in s. 102.012(2).  The inspector
2806	or clerk so appointed shall be a member of the same political
2807	party as the clerk or inspector whom he or she replaces.
2808	(5)  The Department of State shall create a uniform polling
2809	place procedures manual and adopt the manual by rule. Each
2810	supervisor of elections shall ensure that the manual is
2811	available in hard copy or electronic form in every polling place
2812	precinct in the supervisor's jurisdiction on election day. The
2813	manual shall guide inspectors, clerks, and deputy sheriffs in
2814	the proper implementation of election procedures and laws. The
2815	manual shall be indexed by subject, and written in plain, clear,
2816	unambiguous language. The manual shall provide specific examples
2817	of common problems encountered at the polls on election day, and
2818	detail specific procedures for resolving those problems. The
2819	manual shall include, without limitation:
2820	(a)  Regulations governing solicitation by individuals and
2821	groups at the polling place;
2822	(b)  Procedures to be followed with respect to voters whose
2823	names are not on the precinct register;
2824	(c)  Proper operation of the voting system;
2825	(d)  Ballot handling procedures;
2826	(e)  Procedures governing spoiled ballots;
2827	(f)  Procedures to be followed after the polls close;
2828	(g)  Rights of voters at the polls;
2829	(h)  Procedures for handling emergency situations;
2830	(i)  Procedures for dealing with irate voters;
2831	(j)  The handling and processing of provisional ballots;
2832	and
2833	(k)  Security procedures.
2834
2835	The Department of State shall revise the manual as necessary to
2836	address new procedures in law or problems encountered by voters
2837	and poll workers at the precincts.
2838	Section 54.  Section 102.031, Florida Statutes, is amended
2839	to read:
2840	102.031  Maintenance of good order at polls; authorities;
2841	persons allowed in polling rooms and early voting areas;
2842	unlawful solicitation of voters.--
2843	(1)  Each election board shall possess full authority to
2844	maintain order at the polls and enforce obedience to its lawful
2845	commands during an election and the canvass of the votes.
2846	(2)  The sheriff shall deputize a deputy sheriff for each
2847	polling place and each early voting site who shall be present
2848	during the time the polls or early voting sites are open and
2849	until the election is completed, who shall be subject to all
2850	lawful commands of the clerk or inspectors, and who shall
2851	maintain good order. The deputy may summon assistance from among
2852	bystanders to aid him or her when necessary to maintain peace
2853	and order at the polls or early voting sites.
2854	(3)(a)  No person may enter any polling room or polling
2855	place where the polling place is also a polling room, or any
2856	early voting area during voting hours except the following:
2857	1.  Official poll watchers;
2858	2.  Inspectors;
2859	3.  Election clerks;
2860	4.  The supervisor of elections or his or her deputy;
2861	5.  Persons there to vote, persons in the care of a voter,
2862	or persons caring for such voter;
2863	6.  Law enforcement officers or emergency service personnel
2864	there with permission of the clerk or a majority of the
2865	inspectors; or
2866	7.  A person, whether or not a registered voter, who is
2867	assisting with or participating in a simulated election for
2868	minors, as approved by the supervisor of elections.
2869	(b)  The restriction in this subsection does not apply
2870	where the polling room is in an area commonly traversed by the
2871	public in order to gain access to businesses or homes or in an
2872	area traditionally utilized as a public area for discussion.
2873	(4)(a)(c)  No person, political committee, committee of
2874	continuous existence, or other group or organization may solicit
2875	voters inside the polling place or within 100 50 feet of the
2876	entrance to any polling place, or polling room where the polling
2877	place is also a polling room, or early voting site. Before the
2878	opening of the polling place or early voting site, the clerk or
2879	supervisor shall designate the no-solicitation zone and mark the
2880	boundaries. on the day of any election.
2881	1.  Solicitation shall not be restricted if:
2882	a.  Conducted from a separately marked area within the 50-
2883	foot zone so as not to disturb, hinder, impede, obstruct, or
2884	interfere with voter access to the polling place or polling room
2885	entrance; and
2886	b.  The solicitation activities and subject matter are
2887	clearly and easily identifiable by the voters as an activity in
2888	which they may voluntarily participate; or
2889	c.  Conducted on property within the 50-foot zone which is
2890	a residence, established business, private property, sidewalk,
2891	park, or property traditionally utilized as a public area for
2892	discussion.
2893	2.  Solicitation shall not be permitted within the 50-foot
2894	zone on a public sidewalk or other similar means of access to
2895	the polling room if it is clearly identifiable to the poll
2896	workers that the solicitation is impeding, obstructing, or
2897	interfering with voter access to the polling room or polling
2898	place.
2899	(b)(d)  For the purpose of this subsection, the term
2900	"solicit" shall include, but not be limited to, seeking or
2901	attempting to seek any vote, fact, opinion, or contribution;
2902	distributing or attempting to distribute any political or
2903	campaign material, leaflet, or handout; conducting a poll;
2904	seeking or attempting to seek a signature on any petition; and
2905	selling or attempting to sell any item.
2906	(c)(e)  Each supervisor of elections shall inform the clerk
2907	of each precinct of the area within which soliciting is
2908	unlawful, based on the particular characteristics of that
2909	polling place. The supervisor or the clerk may take any
2910	reasonable action necessary to ensure order at the polling
2911	places, including, but not limited to, which shall include:
2912	1.  Designating a specific area for soliciting pursuant to
2913	paragraph (c) of this subsection, or
2914	2.  having disruptive and unruly persons removed by law
2915	enforcement officers from the polling room or place or from the
2916	100-foot 50-foot zone surrounding the polling place.
2917	(5)  No photography is permitted in the polling room or
2918	early voting area.
2919	Section 55.  Section 102.071, Florida Statutes, is amended
2920	to read:
2921	102.071  Tabulation of votes and proclamation of results
2922	where ballots are used.--The election board shall post at the
2923	polls, for the benefit of the public, the results of the voting
2924	for each office or other item on the ballot as the count is
2925	completed. Upon completion of all counts in all races, a
2926	certificate triplicate certificates of the results shall be
2927	drawn up by the inspectors and clerk at each precinct upon a
2928	form provided by the supervisor of elections which shall contain
2929	the name of each person voted for, for each office, and the
2930	number of votes cast for each person for such office; and, if
2931	any question is submitted, the certificate shall also contain
2932	the number of votes cast for and against the question. The
2933	certificate shall be signed by the inspectors and clerk, and one
2934	of the certificates shall be delivered without delay by one of
2935	the inspectors, securely sealed, to the supervisor for immediate
2936	publication; the duplicate copy of the certificate shall be
2937	delivered to the county court judge; and the remaining copy
2938	shall be enclosed in the ballot box together with the oaths of
2939	inspectors and clerks. All the ballot boxes, ballots, ballot
2940	stubs, memoranda, and papers of all kinds used in the election
2941	shall also be transmitted, after being sealed by the inspectors,
2942	to with the certificates of result of the election to be filed
2943	in the supervisor's office. Registration books and the poll
2944	lists shall not be placed in the ballot boxes but shall be
2945	returned to the supervisor.
2946	Section 56.  Section 102.111, Florida Statutes, is amended
2947	to read:
2948	102.111  Elections Canvassing Commission.--
2949	(1)  The Elections Canvassing Commission shall consist of
2950	the Governor and two members of the Cabinet selected by the
2951	Governor. If a member of the Elections Canvassing Commission is
2952	unable to serve for any reason, the Governor shall appoint a
2953	remaining member of the Cabinet. If there is a further vacancy,
2954	the remaining members of the commission shall agree on another
2955	elected official to fill the vacancy. The Elections Canvassing
2956	Commission shall, as soon as the official results are compiled
2957	from all counties, certify the returns of the election and
2958	determine and declare who has been elected for each federal,
2959	state, and multicounty office. If a member of a county
2960	canvassing board that was constituted pursuant to s. 102.141
2961	determines, within 5 days after the certification by the
2962	Elections Canvassing Commission, that a typographical error
2963	occurred in the official returns of the county, the correction
2964	of which could result in a change in the outcome of an election,
2965	the county canvassing board must certify corrected returns to
2966	the Department of State within 24 hours, and the Elections
2967	Canvassing Commission must correct and recertify the election
2968	returns as soon as practicable.
2969	(2)  The Division of Elections shall provide the staff
2970	services required by the Elections Canvassing Commission.
2971	Section 57.  Section 102.112, Florida Statutes, is amended
2972	to read:
2973	102.112  Deadline for submission of county returns to the
2974	Department of State.--
2975	(1)  The county canvassing board or a majority thereof
2976	shall file the county returns for the election of a federal or
2977	state officer with the Department of State immediately after
2978	certification of the election results. The returns must contain
2979	a certification by the canvassing board that the board has
2980	reconciled the number of persons who voted with the number of
2981	ballots counted and that the certification includes all valid
2982	votes cast in the election.
2983	(2)  Returns must be filed by 5 p.m. on the 7th day
2984	following a primary election and by 5 p.m. on the 11th day
2985	following the general election. However, the Department of State
2986	may correct typographical errors, including the transposition of
2987	numbers, in any returns submitted to the Department of State
2988	pursuant to s. 102.111(1).
2989	(3)  If the returns are not received by the department by
2990	the time specified, such returns shall be ignored and the
2991	results on file at that time shall be certified by the
2992	department.
2993	(4)  If the returns are not received by the department due
2994	to an emergency, as defined in s. 101.732, the Elections
2995	Canvassing Commission shall determine the deadline by which the
2996	returns must be received.
2997	Section 58.  Section 102.141, Florida Statutes, is amended
2998	to read:
2999	102.141  County canvassing board; duties.--
3000	(1)  The county canvassing board shall be composed of the
3001	supervisor of elections; a county court judge, who shall act as
3002	chair; and the chair of the board of county commissioners. In
3003	the event any member of the county canvassing board is unable to
3004	serve, is a candidate who has opposition in the election being
3005	canvassed, or is an active participant in the campaign or
3006	candidacy of any candidate who has opposition in the election
3007	being canvassed, such member shall be replaced as follows:
3008	(a)  If no county court judge is able to serve or if all
3009	are disqualified, the chief judge of the judicial circuit in
3010	which the county is located shall appoint as a substitute member
3011	a qualified elector of the county who is not a candidate with
3012	opposition in the election being canvassed and who is not an
3013	active participant in the campaign or candidacy of any candidate
3014	with opposition in the election being canvassed.  In such event,
3015	the members of the county canvassing board shall meet and elect
3016	a chair.
3017	(b)  If the supervisor of elections is unable to serve or
3018	is disqualified, the chair of the board of county commissioners
3019	shall appoint as a substitute member a member of the board of
3020	county commissioners who is not a candidate with opposition in
3021	the election being canvassed and who is not an active
3022	participant in the campaign or candidacy of any candidate with
3023	opposition in the election being canvassed.  The supervisor,
3024	however, shall act in an advisory capacity to the canvassing
3025	board.
3026	(c)  If the chair of the board of county commissioners is
3027	unable to serve or is disqualified, the board of county
3028	commissioners shall appoint as a substitute member one of its
3029	members who is not a candidate with opposition in the election
3030	being canvassed and who is not an active participant in the
3031	campaign or candidacy of any candidate with opposition in the
3032	election being canvassed.
3033	(d)  If a substitute member cannot be appointed as provided
3034	elsewhere in this subsection, the chief judge of the judicial
3035	circuit in which the county is located shall appoint as a
3036	substitute member a qualified elector of the county who is not a
3037	candidate with opposition in the election being canvassed and
3038	who is not an active participant in the campaign or candidacy of
3039	any candidate with opposition in the election being canvassed.
3040	(2)  The county canvassing board shall meet in a building
3041	accessible to the public in the county where the election
3042	occurred at a time and place to be designated by the supervisor
3043	of elections to publicly canvass the absentee electors' ballots
3044	as provided for in s. 101.68 and provisional ballots as provided
3045	by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
3046	pursuant to s. 101.049 shall be canvassed in a manner that votes
3047	for candidates and issues on those ballots can be segregated
3048	from other votes. Public notice of the time and place at which
3049	the county canvassing board shall meet to canvass the absentee
3050	electors' ballots and provisional ballots shall be given at
3051	least 48 hours prior thereto by publication once in one or more
3052	newspapers of general circulation in the county or, if there is
3053	no newspaper of general circulation in the county, by posting
3054	such notice in at least four conspicuous places in the county.
3055	As soon as the absentee electors' ballots and the provisional
3056	ballots are canvassed, the board shall proceed to publicly
3057	canvass the vote given each candidate, nominee, constitutional
3058	amendment, or other measure submitted to the electorate of the
3059	county, as shown by the returns then on file in the office of
3060	the supervisor of elections and the office of the county court
3061	judge.
3062	(3)  The canvass, except the canvass of absentee electors'
3063	returns and the canvass of provisional ballots, shall be made
3064	from the returns and certificates of the inspectors as signed
3065	and filed by them with the county court judge and supervisor,
3066	respectively, and the county canvassing board shall not change
3067	the number of votes cast for a candidate, nominee,
3068	constitutional amendment, or other measure submitted to the
3069	electorate of the county, respectively, in any polling place, as
3070	shown by the returns.  All returns shall be made to the board on
3071	or before 2 a.m. of the day following any primary, general,
3072	special, or other election.  If the returns from any precinct
3073	are missing, if there are any omissions on the returns from any
3074	precinct, or if there is an obvious error on any such returns,
3075	the canvassing board shall order a retabulation recount of the
3076	returns from such precinct.  Before canvassing such returns, the
3077	canvassing board shall examine the tabulation of the ballots
3078	cast in such precinct and determine whether the returns
3079	correctly reflect the votes cast.  If there is a discrepancy
3080	between the returns and the tabulation of the ballots cast, the
3081	tabulation of the ballots cast shall be presumed correct and
3082	such votes shall be canvassed accordingly.
3083	(4)  The canvassing board shall submit on forms or in
3084	formats provided by the division unofficial returns to the
3085	Department of State for each federal, statewide, state, or
3086	multicounty office or ballot measure no later than noon on the
3087	third second day after any primary election and no later than
3088	noon on the fifth day after any, general, special, or other
3089	election.  Such returns shall include the canvass of all ballots
3090	as required by subsection (2), except for provisional ballots,
3091	which returns shall be reported at the time required for
3092	official returns pursuant to s. 102.112(2).
3093	(5)  If the county canvassing board determines that the
3094	unofficial returns may contain a counting error in which the
3095	vote tabulation system failed to count votes that were properly
3096	marked in accordance with the instructions on the ballot, the
3097	county canvassing board shall:
3098	(a)  Correct the error and retabulate recount the affected
3099	ballots with the vote tabulation system; or
3100	(b)  Request that the Department of State verify the
3101	tabulation software.  When the Department of State verifies such
3102	software, the department shall compare the software used to
3103	tabulate the votes with the software filed with the department
3104	pursuant to s. 101.5607 and check the election parameters.
3105	(6)  If the unofficial returns reflect that a candidate for
3106	any office was defeated or eliminated by one-half of a percent
3107	or less of the votes cast for such office, that a candidate for
3108	retention to a judicial office was retained or not retained by
3109	one-half of a percent or less of the votes cast on the question
3110	of retention, or that a measure appearing on the ballot was
3111	approved or rejected by one-half of a percent or less of the
3112	votes cast on such measure, the board responsible for certifying
3113	the results of the vote on such race or measure shall order a
3114	recount of the votes cast with respect to such office or
3115	measure. The Elections Canvassing Commission is the board
3116	responsible for ordering federal, state, and multi county
3117	recounts. A recount need not be ordered with respect to the
3118	returns for any office, however, if the candidate or candidates
3119	defeated or eliminated from contention for such office by one-
3120	half of a percent or less of the votes cast for such office
3121	request in writing that a recount not be made.
3122	(a)  In counties with voting systems that use paper
3123	ballots, Each canvassing board responsible for conducting a
3124	recount shall put each marksense ballot through automatic
3125	tabulating equipment and determine whether the returns correctly
3126	reflect the votes cast. If any marksense paper ballot is
3127	physically damaged so that it cannot be properly counted by the
3128	automatic tabulating equipment during the recount, a true
3129	duplicate shall be made of the damaged ballot pursuant to the
3130	procedures in s. 101.5614(5). Immediately before the start of
3131	the recount and after completion of the count, a test of the
3132	tabulating equipment shall be conducted as provided in s.
3133	101.5612. If the test indicates no error, the recount tabulation
3134	of the ballots cast shall be presumed correct and such votes
3135	shall be canvassed accordingly. If an error is detected, the
3136	cause therefor shall be ascertained and corrected and the
3137	recount repeated, as necessary. The canvassing board shall
3138	immediately report the error, along with the cause of the error
3139	and the corrective measures being taken, to the Department of
3140	State. No later than 11 days after the election, the canvassing
3141	board shall file a separate incident report with the Department
3142	of State, detailing the resolution of the matter and identifying
3143	any measures that will avoid a future recurrence of the error.
3144	(b)  In counties with voting systems that do not use paper
3145	ballots, Each canvassing board responsible for conducting a
3146	recount where touchscreen ballots were used shall examine the
3147	counters on the precinct tabulators to ensure that the total of
3148	the returns on the precinct tabulators equals the overall
3149	election return. If there is a discrepancy between the overall
3150	election return and the counters of the precinct tabulators, the
3151	counters of the precinct tabulators shall be presumed correct
3152	and such votes shall be canvassed accordingly.
3153	(c)  The canvassing board shall submit on forms or in
3154	formats provided by the division a second set of unofficial
3155	returns to the Department of State for each federal, statewide,
3156	state, or multicounty office or ballot measure no later than 3
3157	p.m. noon on the fifth third day after any primary election and
3158	no later than 3 p.m. on the eighth day after any general
3159	election in which a recount was conducted pursuant to this
3160	subsection. If the canvassing board is unable to complete the
3161	recount prescribed in this subsection by the deadline, the
3162	second set of unofficial returns submitted by the canvassing
3163	board shall be identical to the initial unofficial returns and
3164	the submission shall also include a detailed explanation of why
3165	it was unable to timely complete the recount. However, the
3166	canvassing board shall complete the recount prescribed in this
3167	subsection, along with any manual recount prescribed in s.
3168	102.166, and certify election returns in accordance with the
3169	requirements of this chapter.
3170	(d)  The Department of State shall adopt detailed rules
3171	prescribing additional recount procedures for each certified
3172	voting system, which shall be uniform to the extent practicable.
3173	(7)  The canvassing board may employ such clerical help to
3174	assist with the work of the board as it deems necessary, with at
3175	least one member of the board present at all times, until the
3176	canvass of the returns is completed. The clerical help shall be
3177	paid from the same fund as inspectors and other necessary
3178	election officials.
3179	(8)(a)  At the same time that the official results of an
3180	election are certified to the Department of State, the county
3181	canvassing board shall file a report with the Division of
3182	Elections on the conduct of the election. The report must
3183	describe:
3184	1.  All equipment or software malfunctions at the precinct
3185	level, at a counting location, or within computer and
3186	telecommunications networks supporting a county location, and
3187	the steps that were taken to address the malfunctions;
3188	2.  All election definition errors that were discovered
3189	after the logic and accuracy test, and the steps that were taken
3190	to address the errors;
3191	3.  All ballot printing errors or ballot supply problems,
3192	and the steps that were taken to address the errors or problems;
3193	4.  All staffing shortages or procedural violations by
3194	employees or precinct workers which were addressed by the
3195	supervisor of elections or the county canvassing board during
3196	the conduct of the election, and the steps that were taken to
3197	correct such issues;
3198	5.  All instances where needs for staffing or equipment
3199	were insufficient to meet the needs of the voters; and
3200	6.  Any additional information regarding material issues or
3201	problems associated with the conduct of the election.
3202	(b)  If a supervisor discovers new or additional
3203	information on any of the items required to be included in the
3204	report pursuant to paragraph (a) after the report is filed, the
3205	supervisor shall notify the division that new information has
3206	been discovered no later than the next business day after the
3207	discovery and the supervisor shall file an amended report signed
3208	by the supervisor of elections on the conduct of the election
3209	within 10 days after the discovery. shall contain information
3210	relating to any problems incurred as a result of equipment
3211	malfunctions either at the precinct level or at a counting
3212	location, any difficulties or unusual circumstances encountered
3213	by an election board or the canvassing board, and any other
3214	additional information which the canvassing board feels should
3215	be made a part of the official election record.
3216	(c)  Such reports shall be maintained on file in the
3217	Division of Elections and shall be available for public
3218	inspection. The division shall utilize the reports submitted by
3219	the canvassing boards to determine what problems may be likely
3220	to occur in other elections and disseminate such information,
3221	along with possible solutions, to the supervisors of elections.
3222	(9)  The supervisor shall file with the department a copy
3223	of or an export file from the results database of the county's
3224	voting system and other statistical information as may be
3225	required by the department, the Legislature, or the Election
3226	Assistance Commission. The department shall adopt rules
3227	establishing the required content and acceptable formats for the
3228	filings and time for filings.
3229	Section 59.  Section 102.166, Florida Statutes, is amended
3230	to read:
3231	102.166  Manual recounts.--
3232	(1)  If the second set of unofficial returns pursuant to s.
3233	102.141 indicates that a candidate for any office was defeated
3234	or eliminated by one-quarter of a percent or less of the votes
3235	cast for such office, that a candidate for retention to a
3236	judicial office was retained or not retained by one-quarter of a
3237	percent or less of the votes cast on the question of retention,
3238	or that a measure appearing on the ballot was approved or
3239	rejected by one-quarter of a percent or less of the votes cast
3240	on such measure, the board responsible for certifying the
3241	results of the vote on such race or measure shall order a manual
3242	recount of the overvotes and undervotes cast in the entire
3243	geographic jurisdiction of such office or ballot measure. A
3244	manual recount may not be ordered, however, if the number of
3245	overvotes, undervotes, and provisional ballots is fewer than the
3246	number of votes needed to change the outcome of the election.
3247	(2)(a)  If the second set of unofficial returns pursuant to
3248	s. 102.141 indicates that a candidate for any office was
3249	defeated or eliminated by between one-quarter and one-half of a
3250	percent of the votes cast for such office, that a candidate for
3251	retention to judicial office was retained or not retained by
3252	between one-quarter and one-half of a percent of the votes cast
3253	on the question of retention, or that a measure appearing on the
3254	ballot was approved or rejected by between one-quarter and one-
3255	half of a percent of the votes cast on such measure, any such
3256	candidate, the political party of such candidate, or any
3257	political committee that supports or opposes such ballot measure
3258	is entitled to a manual recount of the overvotes and undervotes
3259	cast in the entire geographic jurisdiction of such office or
3260	ballot measure, provided that a request for a manual recount is
3261	made by 5 p.m. on the third day after the election.
3262	(b)  For federal, statewide, state, and multicounty races
3263	and ballot issues, requests for a manual recount shall be made
3264	in writing to the state Elections Canvassing Commission.  For
3265	all other races and ballot issues, requests for a manual recount
3266	shall be made in writing to the county canvassing board.
3267	(c)  Upon receipt of a proper and timely request, the
3268	Elections Canvassing Commission or county canvassing board shall
3269	immediately order a manual recount of overvotes and undervotes
3270	in all affected jurisdictions.
3271	(2)(3)(a)  Any hardware or software used to identify and
3272	sort overvotes and undervotes for a given race or ballot measure
3273	must be certified by the Department of State as part of the
3274	voting system pursuant to s. 101.015. Any such hardware or
3275	software must be capable of simultaneously counting votes. For
3276	certified voting systems, the department shall certify such
3277	hardware or software by July 1, 2002. If the department is
3278	unable to certify such hardware or software for a certified
3279	voting system by July 1, 2002, the department shall adopt rules
3280	prescribing procedures for identifying and sorting such
3281	overvotes and undervotes. The department's rules may provide for
3282	the temporary use of hardware or software whose sole function is
3283	identifying and sorting overvotes and undervotes.
3284	(b)  This subsection does not preclude the department from
3285	certifying hardware or software after July 1, 2002.
3286	(b)(c)  Overvotes and undervotes shall be identified and
3287	sorted while recounting ballots pursuant to s. 102.141, if the
3288	hardware or software for this purpose has been certified or the
3289	department's rules so provide.
3290	(3)(4)  Any manual recount shall be open to the public.
3291	(4)(5)(a)  A vote for a candidate or ballot measure shall
3292	be counted if there is a clear indication on the ballot that the
3293	voter has made a definite choice.
3294	(b)  The Department of State shall adopt specific rules for
3295	each certified voting system prescribing what constitutes a
3296	"clear indication on the ballot that the voter has made a
3297	definite choice."  The rules may not:
3298	1.  Exclusively provide that the voter must properly mark
3299	or designate his or her choice on the ballot; or
3300	2.  Contain a catch-all provision that fails to identify
3301	specific standards, such as "any other mark or indication
3302	clearly indicating that the voter has made a definite choice."
3303	(5)(6)  Procedures for a manual recount are as follows:
3304	(a)  The county canvassing board shall appoint as many
3305	counting teams of at least two electors as is necessary to
3306	manually recount the ballots. A counting team must have, when
3307	possible, members of at least two political parties. A candidate
3308	involved in the race shall not be a member of the counting team.
3309	(b)  Each duplicate ballot prepared pursuant to s.
3310	101.5614(5) or s. 102.141(6) shall be compared with the original
3311	ballot to ensure the correctness of the duplicate.
3312	(c)  If a counting team is unable to determine whether the
3313	ballot contains a clear indication that the voter has made a
3314	definite choice, the ballot shall be presented to the county
3315	canvassing board for a determination.
3316	(d)  The Department of State shall adopt detailed rules
3317	prescribing additional recount procedures for each certified
3318	voting system which shall be uniform to the extent practicable.
3319	The rules shall address, at a minimum, the following areas:
3320	1.  Security of ballots during the recount process;
3321	2.  Time and place of recounts;
3322	3.  Public observance of recounts;
3323	4.  Objections to ballot determinations;
3324	5.  Record of recount proceedings; and
3325	6.  Procedures relating to candidate and petitioner
3326	representatives.
3327	Section 60.  Subsections (2) and (4) of section 102.168,
3328	Florida Statutes, are amended to read:
3329	102.168  Contest of election.--
3330	(2)  Such contestant shall file a complaint, together with
3331	the fees prescribed in chapter 28, with the clerk of the circuit
3332	court within 10 days after midnight of the date the last board
3333	responsible for certifying the results officially county
3334	canvassing board empowered to canvass the returns certifies the
3335	results of the election being contested.
3336	(4)  The county canvassing board is an indispensable and or
3337	Elections Canvassing Commission shall be the proper party
3338	defendant in county and local elections; the Elections
3339	Canvassing Commission is an indispensable and proper party
3340	defendant in federal, state, and multicounty races;, and the
3341	successful candidate is shall be an indispensable party to any
3342	action brought to contest the election or nomination of a
3343	candidate.
3344	Section 61.  Subsections (1) and (4) of section 103.021,
3345	Florida Statutes, are amended to read:
3346	103.021  Nomination for presidential electors.--Candidates
3347	for presidential electors shall be nominated in the following
3348	manner:
3349	(1)  The Governor shall nominate the presidential electors
3350	of each political party. The state executive committee of each
3351	political party shall by resolution recommend candidates for
3352	presidential electors and deliver a certified copy thereof to
3353	the Governor before September 1 of each presidential election
3354	year. The Governor He or she shall nominate only the electors
3355	recommended by the state executive committee of the respective
3356	political party.  Each such elector shall be a qualified elector
3357	of the party he or she represents who has taken an oath that he
3358	or she will vote for the candidates of the party that he or she
3359	is nominated to represent.  The Governor shall certify to the
3360	Department of State on or before September 1, in each
3361	presidential election year, the names of a number of electors
3362	for each political party equal to the number of senators and
3363	representatives which this state has in Congress.
3364	(4)(a)  A minor political party that is affiliated with a
3365	national party holding a national convention to nominate
3366	candidates for President and Vice President of the United States
3367	may have the names of its candidates for President and Vice
3368	President of the United States printed on the general election
3369	ballot by filing with the Department of State a certificate
3370	naming the candidates for President and Vice President and
3371	listing the required number of persons to serve as electors.
3372	Notification to the Department of State under this subsection
3373	shall be made by September 1 of the year in which the election
3374	is held.  When the Department of State has been so notified, it
3375	shall order the names of the candidates nominated by the minor
3376	political party to be included on the ballot and shall permit
3377	the required number of persons to be certified as electors in
3378	the same manner as other party candidates. As used in this
3379	section, the term "national party" means a political party
3380	established and admitted to the ballot in at least one state
3381	other than Florida.
3382	(b)  A minor political party that is not affiliated with a
3383	national party holding a national convention to nominate
3384	candidates for President and Vice President of the United States
3385	may have the names of its candidates for President and Vice
3386	President printed on the general election ballot if a petition
3387	is signed by 1 percent of the registered electors of this state,
3388	as shown by the compilation by the Department of State for the
3389	preceding general election.  A separate petition from each
3390	county for which signatures are solicited shall be submitted to
3391	the supervisors of elections of the respective county no later
3392	than July 15 of each presidential election year.  The supervisor
3393	shall check the names and, on or before the date of the first
3394	primary, shall certify the number shown as registered electors
3395	of the county. The supervisor shall be paid by the person
3396	requesting the certification the cost of checking the petitions
3397	as prescribed in s. 99.097.  The supervisor shall then forward
3398	the certificate to the Department of State, which shall
3399	determine whether or not the percentage factor required in this
3400	section has been met.  When the percentage factor required in
3401	this section has been met, the Department of State shall order
3402	the names of the candidates for whom the petition was circulated
3403	to be included on the ballot and shall permit the required
3404	number of persons to be certified as electors in the same manner
3405	as other party candidates.
3406	Section 62.  Section 103.051, Florida Statutes, is amended
3407	to read:
3408	103.051  Congress sets meeting dates of electors.--The
3409	presidential electors shall, at noon on the day that which is
3410	directed by Congress and at the time fixed by the Governor, meet
3411	at Tallahassee and perform the duties required of them by the
3412	Constitution and laws of the United States.
3413	Section 63.  Section 103.061, Florida Statutes, is amended
3414	to read:
3415	103.061  Meeting of electors and filling of vacancies.--
3416	Each presidential elector shall, before 10 a.m. on the day fixed
3417	by Congress to elect a President and Vice President and at the
3418	time fixed by the Governor, give notice to the Governor that the
3419	elector is in Tallahassee and ready to perform the duties of
3420	presidential elector.  The Governor shall forthwith deliver to
3421	the presidential electors present a certificate of the names of
3422	all the electors; and if, on examination thereof, it should be
3423	found that one or more electors are absent, the electors present
3424	shall elect by ballot, in the presence of the Governor, a person
3425	or persons to fill such vacancy or vacancies as may have
3426	occurred through the nonattendance of one or more of the
3427	electors.
3428	Section 64.  Section 103.121, Florida Statutes, is amended
3429	to read:
3430	103.121  Powers and duties of executive committees.--
3431	(1)(a)  Each state and county executive committee of a
3432	political party shall have the power and duty:
3433	1.  To adopt a constitution by two-thirds vote of the full
3434	committee.
3435	2.  To adopt such bylaws as it may deem necessary by
3436	majority vote of the full committee.
3437	3.  To conduct its meetings according to generally accepted
3438	parliamentary practice.
3439	4.  To make party nomination when required by law.
3440	5.  To conduct campaigns for party nominees.
3441	6.  To raise and expend party funds.  Such funds may not be
3442	expended or committed to be expended except after written
3443	authorization by the chair of the state or county executive
3444	committee.
3445	(b)  Except as otherwise provided in subsection (5), The
3446	county executive committee shall receive payment of assessments
3447	upon candidates to be voted for in a single county except state
3448	senators and members of the House of Representatives and
3449	representatives to the Congress of the United States; and the
3450	state executive committees shall receive all other assessments
3451	authorized. All party assessments shall be 2 percent of the
3452	annual salary of the office sought by the respective candidate.
3453	All such committee assessments shall be remitted to the state
3454	executive committee of the appropriate party and distributed in
3455	accordance with subsection (5) (6).
3456	(2)  The state executive committee shall by resolution
3457	recommend candidates for presidential electors and deliver a
3458	certified copy thereof to the Governor prior to September 1 of
3459	each presidential election year.
3460	(2)(3)  The chair and treasurer of an executive committee
3461	of any political party shall be accountable for the funds of
3462	such committee and jointly liable for their proper expenditure
3463	for authorized purposes only.  The chair and treasurer of the
3464	state executive committee of any political party shall furnish
3465	adequate bond, but not less than $10,000, conditioned upon the
3466	faithful performance by such party officers of their duties and
3467	for the faithful accounting for party funds which shall come
3468	into their hands; and the chair and treasurer of a county
3469	executive committee of a political party shall furnish adequate
3470	bond, but not less than $5,000, conditioned as aforesaid.  A
3471	bond for the chair and treasurer of the state executive
3472	committee of a political party shall be filed with the
3473	Department of State.  A bond for the chair and treasurer of a
3474	county executive committee shall be filed with the supervisor of
3475	elections. The funds of each such state executive committee
3476	shall be publicly audited at the end of each calendar year and a
3477	copy of such audit furnished to the Department of State for its
3478	examination prior to April 1 of the ensuing year.  When filed
3479	with the Department of State, copies of such audit shall be
3480	public documents.  The treasurer of each county executive
3481	committee shall maintain adequate records evidencing receipt and
3482	disbursement of all party funds received by him or her, and such
3483	records shall be publicly audited at the end of each calendar
3484	year and a copy of such audit filed with the supervisor of
3485	elections and the state executive committee prior to April 1 of
3486	the ensuing year.
3487	(3)(4)  Any chair or treasurer of a state or county
3488	executive committee of any political party who knowingly
3489	misappropriates, or makes an unlawful expenditure of, or a false
3490	or improper accounting for, the funds of such committee is
3491	guilty of a felony of the third degree, punishable as provided
3492	in s. 775.082, s. 775.083, or s. 775.084.
3493	(4)(5)(a)  The central committee or other equivalent
3494	governing body of each state executive committee shall adopt a
3495	rule which governs the time and manner in which the respective
3496	county executive committees of such party may endorse, certify,
3497	screen, or otherwise recommend one or more candidates for such
3498	party's nomination for election.  Upon adoption, such rule shall
3499	provide the exclusive method by which a county committee may so
3500	endorse, certify, screen, or otherwise recommend.  No later than
3501	the date on which qualifying for public office begins pursuant
3502	to s. 99.061, the chair of each county executive committee shall
3503	notify in writing the supervisor of elections of his or her
3504	county whether the county executive committee has endorsed or
3505	intends to endorse, certify, screen, or otherwise recommend
3506	candidates for nomination pursuant to party rule.  A copy of
3507	such notification shall be provided to the Secretary of State
3508	and to the chair of the appropriate state executive committee.
3509	Any county executive committee that endorses or intends to
3510	endorse, certify, screen, or otherwise recommend one or more
3511	candidates for nomination shall forfeit all party assessments
3512	which would otherwise be returned to the county executive
3513	committee; and such assessments shall be remitted instead to the
3514	state executive committee of such party, the provisions of
3515	paragraph (1)(b) to the contrary notwithstanding. No such funds
3516	so remitted to the state executive committee shall be paid,
3517	returned, or otherwise disbursed to the county executive
3518	committee under any circumstances. Any county executive
3519	committee that is in violation of any party rule after receiving
3520	the party assessment shall remit such party assessment to the
3521	state executive committee.
3522	(b)  Any state executive committee that endorses or intends
3523	to endorse, certify, screen, or otherwise recommend one or more
3524	candidates for nomination shall forfeit all party assessments
3525	which would otherwise be returned to the state executive
3526	committee; and such assessments shall be remitted instead to the
3527	General Revenue Fund of the state.  Any state executive
3528	committee that is in violation of this section after receiving
3529	the party assessment shall remit such party assessment to the
3530	General Revenue Fund of the state.
3531	(5)(6)  The state chair of each state executive committee
3532	shall return the 2-percent committee assessment for county
3533	candidates to the appropriate county executive committees only
3534	upon receipt of a written statement that such county executive
3535	committee chooses not to endorse, certify, screen, or otherwise
3536	recommend one or more candidates for such party's nomination for
3537	election and upon the state chair's determination that the
3538	county executive committee is in compliance with all Florida
3539	statutes and all state party rules, bylaws, constitutions, and
3540	requirements.
3541	Section 65.  Section 105.031, Florida Statutes, is amended
3542	to read:
3543	105.031  Qualification; filing fee; candidate's oath; items
3544	required to be filed.--
3545	(1)  TIME OF QUALIFYING.--Except for candidates for
3546	judicial office, nonpartisan candidates for multicounty office
3547	shall qualify with the Division of Elections of the Department
3548	of State and nonpartisan candidates for countywide or less than
3549	countywide office shall qualify with the supervisor of
3550	elections. Candidates for judicial office other than the office
3551	of county court judge shall qualify with the Division of
3552	Elections of the Department of State, and candidates for the
3553	office of county court judge shall qualify with the supervisor
3554	of elections of the county.  Candidates for judicial office
3555	shall qualify no earlier than noon of the 120th day, and no
3556	later than noon of the 116th day, before the first primary
3557	election. Candidates for the office of school board member shall
3558	qualify no earlier than noon of the 50th day, and no later than
3559	noon of the 46th day, before the first primary election.  Filing
3560	shall be on forms provided for that purpose by the Division of
3561	Elections and furnished by the appropriate qualifying officer.
3562	Any person seeking to qualify by the petition process
3563	alternative method, as set forth in s. 105.035, who if the
3564	person has submitted the necessary petitions by the required
3565	deadline and is notified after the fifth day prior to the last
3566	day for qualifying that the required number of signatures has
3567	been obtained, shall be entitled to subscribe to the candidate's
3568	oath and file the qualifying papers at any time within 5 days
3569	from the date he or she is notified that the necessary number of
3570	signatures has been obtained.  Any person other than a write-in
3571	candidate who qualifies within the time prescribed in this
3572	subsection shall be entitled to have his or her name printed on
3573	the ballot.
3574	(2)  FILING IN GROUPS OR DISTRICTS.--Candidates shall
3575	qualify in groups or districts where multiple offices are to be
3576	filled.
3577	(3)  QUALIFYING FEE.--Each candidate qualifying for
3578	election to a judicial office or the office of school board
3579	member, except write-in judicial or school board candidates,
3580	shall, during the time for qualifying, pay to the officer with
3581	whom he or she qualifies a qualifying fee, which shall consist
3582	of a filing fee and an election assessment, or qualify by the
3583	petition process alternative method. The amount of the filing
3584	fee is 3 percent of the annual salary of the office sought. The
3585	amount of the election assessment is 1 percent of the annual
3586	salary of the office sought.  The Department of State shall
3587	forward all filing fees to the Department of Revenue for deposit
3588	in the Elections Commission Trust Fund.  The supervisor of
3589	elections shall forward all filing fees to the Elections
3590	Commission Trust Fund.  The election assessment shall be
3591	deposited into the Elections Commission Trust Fund.  The annual
3592	salary of the office for purposes of computing the qualifying
3593	fee shall be computed by multiplying 12 times the monthly salary
3594	authorized for such office as of July 1 immediately preceding
3595	the first day of qualifying.  This subsection shall not apply to
3596	candidates qualifying for retention to judicial office.
3597	(4)  CANDIDATE'S OATH.--
3598	(a)  All candidates for the office of school board member
3599	shall subscribe to the oath as prescribed in s. 99.021.
3600	(b)  All candidates for judicial office shall subscribe to
3601	an oath or affirmation in writing to be filed with the
3602	appropriate qualifying officer upon qualifying.  A printed copy
3603	of the oath or affirmation shall be furnished to the candidate
3604	by the qualifying officer and shall be in substantially the
3605	following form:
3606
3607	State of Florida
3608	County of ....
3609	Before me, an officer authorized to administer oaths,
3610	personally appeared ...(please print name as you wish it to
3611	appear on the ballot)..., to me well known, who, being sworn,
3612	says he or she:  is a candidate for the judicial office of ....;
3613	that his or her legal residence is .... County, Florida; that he
3614	or she is a qualified elector of the state and of the
3615	territorial jurisdiction of the court to which he or she seeks
3616	election; that he or she is qualified under the constitution and
3617	laws of Florida to hold the judicial office to which he or she
3618	desires to be elected or in which he or she desires to be
3619	retained; that he or she has taken the oath required by ss.
3620	876.05-876.10, Florida Statutes; that he or she has qualified
3621	for no other public office in the state, the term of which
3622	office or any part thereof runs concurrent to the office he or
3623	she seeks; and that he or she has resigned from any office which
3624	he or she is required to resign pursuant to s. 99.012, Florida
3625	Statutes.
3626	...(Signature of candidate)...
3627	...(Address)...
3628
3629	Sworn to and subscribed before me this .... day of ....,
3630	...(year)..., at .... County, Florida.
3631	...(Signature and title of officer administering oath)...
3632
3633	(5)  ITEMS REQUIRED TO BE FILED.--
3634	(a)  In order for a candidate for judicial office or the
3635	office of school board member to be qualified, the following
3636	items must be received by the filing officer by the end of the
3637	qualifying period:
3638	1.  Except for candidates for retention to judicial office,
3639	a properly executed check drawn upon the candidate's campaign
3640	account in an amount not less than the fee required by
3641	subsection (3) or, in lieu thereof, the copy of the notice of
3642	obtaining ballot position pursuant to s. 105.035. If a
3643	candidate's check is returned by the bank for any reason, the
3644	filing officer shall immediately notify the candidate and the
3645	candidate shall, the end of qualifying notwithstanding, have 48
3646	hours from the time such notification is received, excluding
3647	Saturdays, Sundays, and legal holidays, to pay the fee with a
3648	cashier's check purchased from funds of the campaign account.
3649	Failure to pay the fee as provided in this subparagraph shall
3650	disqualify the candidate.
3651	2.  The candidate's oath required by subsection (4), which
3652	must contain the name of the candidate as it is to appear on the
3653	ballot; the office sought, including the district or group
3654	number if applicable; and the signature of the candidate, duly
3655	acknowledged.
3656	3.  The loyalty oath required by s. 876.05, signed by the
3657	candidate and duly acknowledged.
3658	4.  The completed form for the appointment of campaign
3659	treasurer and designation of campaign depository, as required by
3660	s. 106.021. In addition, each candidate for judicial office,
3661	including an incumbent judge, shall file a statement with the
3662	qualifying officer, within 10 days after filing the appointment
3663	of campaign treasurer and designation of campaign depository,
3664	stating that the candidate has read and understands the
3665	requirements of the Florida Code of Judicial Conduct. Such
3666	statement shall be in substantially the following form:
3667
3668	Statement of Candidate for Judicial Office
3669
3670	I, ...(name of candidate)..., a judicial candidate, have
3671	received, read, and understand the requirements of the Florida
3672	Code of Judicial Conduct.
3673	...(Signature of candidate)...
3674	...(Date)...
3675
3676	5.  The full and public disclosure of financial interests
3677	required by s. 8, Art. II of the State Constitution or the
3678	statement of financial interests required by s. 112.3145,
3679	whichever is applicable. A public officer who has filed the full
3680	and public disclosure or statement of financial interests with
3681	the Commission on Ethics or the supervisor of elections prior to
3682	qualifying for office may file a copy of that disclosure at the
3683	time of qualifying.
3684	(b)  If the filing officer receives qualifying papers that
3685	do not include all items as required by paragraph (a) prior to
3686	the last day of qualifying, the filing officer shall make a
3687	reasonable effort to notify the candidate of the missing or
3688	incomplete items and shall inform the candidate that all
3689	required items must be received by the close of qualifying.  A
3690	candidate's name as it is to appear on the ballot may not be
3691	changed after the end of qualifying.
3692	(6)  Notwithstanding the qualifying period prescribed in
3693	this section, a filing officer may accept and hold qualifying
3694	papers submitted not earlier than 14 days prior to the beginning
3695	of the qualifying period, to be processed and filed during the
3696	qualifying period.
3697	Section 66.  Section 105.035, Florida Statutes, is amended
3698	to read:
3699	105.035  Petition process Alternative method of qualifying
3700	for certain judicial offices and the office of school board
3701	member.--
3702	(1)  A person seeking to qualify for election to the office
3703	of circuit judge or county court judge or the office of school
3704	board member may qualify for election to such office by means of
3705	the petitioning process prescribed in this section.  A person
3706	qualifying by this petition process is alternative method shall
3707	not be required to pay the qualifying fee required by this
3708	chapter. A person using this petitioning process shall file an
3709	oath with the officer before whom the candidate would qualify
3710	for the office stating that he or she intends to qualify by this
3711	alternative method for the office sought. Such oath shall be
3712	filed at any time after the first Tuesday after the first Monday
3713	in January of the year in which the election is held, but prior
3714	to the 21st day preceding the first day of the qualifying period
3715	for the office sought. The form of such oath shall be prescribed
3716	by the Division of Elections.  No signatures shall be obtained
3717	until the person has filed the oath prescribed in this
3718	subsection.
3719	(2)  The Upon receipt of a written oath from a candidate,
3720	the qualifying officer shall provide the candidate with a
3721	petition format shall be prescribed by the Division of Elections
3722	and shall to be used by the candidate to reproduce petitions for
3723	circulation.  If the candidate is running for an office that
3724	which will be grouped on the ballot with two or more similar
3725	offices to be filled at the same election, the candidate's
3726	petition must indicate, prior to the obtaining of registered
3727	electors' signatures, for which group or district office the
3728	candidate is running.
3729	(3)  Each candidate for election to a judicial office or
3730	the office of school board member shall obtain the signature of
3731	a number of qualified electors equal to at least 1 percent of
3732	the total number of registered electors of the district,
3733	circuit, county, or other geographic entity represented by the
3734	office sought as shown by the compilation by the Department of
3735	State for the last preceding general election. A separate
3736	petition shall be circulated for each candidate availing himself
3737	or herself of the provisions of this section. Signatures may not
3738	be obtained until the candidate has filed the appointment of
3739	campaign treasurer and designation of campaign depository
3740	pursuant to s. 106.021.
3741	(4)(a)  Each candidate seeking to qualify for election to
3742	the office of circuit judge or the office of school board member
3743	from a multicounty school district pursuant to this section
3744	shall file a separate petition from each county from which
3745	signatures are sought.  Each petition shall be submitted, prior
3746	to noon of the 28th 21st day preceding the first day of the
3747	qualifying period for the office sought, to the supervisor of
3748	elections of the county for which such petition was circulated.
3749	Each supervisor of elections to whom a petition is submitted
3750	shall check the signatures on the petition to verify their
3751	status as electors of that county and of the geographic area
3752	represented by the office sought. No later than the seventh day
3753	before Prior to the first date for qualifying, the supervisor
3754	shall certify the number shown as registered electors and submit
3755	such certification to the Division of Elections.  The division
3756	shall determine whether the required number of signatures has
3757	been obtained for the name of the candidate to be placed on the
3758	ballot and shall notify the candidate.  If the required number
3759	of signatures has been obtained, the candidate shall, during the
3760	time prescribed for qualifying for office, submit a copy of such
3761	notice and file his or her qualifying papers and oath prescribed
3762	in s. 105.031 with the Division of Elections.  Upon receipt of
3763	the copy of such notice and qualifying papers, the division
3764	shall certify the name of the candidate to the appropriate
3765	supervisor or supervisors of elections as having qualified for
3766	the office sought.
3767	(b)  Each candidate seeking to qualify for election to the
3768	office of county court judge or the office of school board
3769	member from a single county school district pursuant to this
3770	section shall submit his or her petition, prior to noon of the
3771	28th 21st day preceding the first day of the qualifying period
3772	for the office sought, to the supervisor of elections of the
3773	county for which such petition was circulated. The supervisor
3774	shall check the signatures on the petition to verify their
3775	status as electors of the county and of the geographic area
3776	represented by the office sought. No later than the seventh day
3777	before Prior to the first date for qualifying, the supervisor
3778	shall determine whether the required number of signatures has
3779	been obtained for the name of the candidate to be placed on the
3780	ballot and shall notify the candidate.  If the required number
3781	of signatures has been obtained, the candidate shall, during the
3782	time prescribed for qualifying for office, submit a copy of such
3783	notice and file his or her qualifying papers and oath prescribed
3784	in s. 105.031 with the qualifying officer.  Upon receipt of the
3785	copy of such notice and qualifying papers, such candidate shall
3786	be entitled to have his or her name printed on the ballot.
3787	Section 67.  Section 106.022, Florida Statutes, is created
3788	to read:
3789	106.022  Appointment of a registered agent; duties.--
3790	(1)  Each political committee, committee of continuous
3791	existence, or electioneering communications entity shall have
3792	and continuously maintain in this state a registered office and
3793	a registered agent and must file with the division a statement
3794	of appointment for the registered office and registered agent.
3795	The statement of appointment must:
3796	(a)  Provide the name of the registered agent and the
3797	street address and phone number for the registered office;
3798	(b)  Identify the entity for whom the registered agent
3799	serves;
3800	(c)  Designate the address the registered agent wishes to
3801	use to receive mail;
3802	(d)  Include the entity's undertaking to inform the
3803	division of any change in such designated address;
3804	(e)  Provide for the registered agent's acceptance of the
3805	appointment, which must confirm that the registered agent is
3806	familiar with and accepts the obligations of the position as set
3807	forth in this section; and
3808	(f)  Contain the signature of the registered agent and the
3809	entity engaging the registered agent.
3810	(2)  An entity may change its appointment of registered
3811	agent and registered office under this section by executing a
3812	written statement of change that identifies the former
3813	registered agent and registered address and also satisfies all
3814	of the requirements of subsection (1).
3815	(3)  A registered agent may resign his or her appointment
3816	as registered agent by executing a written statement of
3817	resignation and filing it with the division. An entity without a
3818	registered agent may not make expenditures or accept
3819	contributions until it files a written statement of change as
3820	required in subsection (2).
3821	Section 68.  Subsection (6) of section 106.08, Florida
3822	Statutes, is amended to read:
3823	106.08  Contributions; limitations on.--
3824	(6)  A political party may not accept any contribution
3825	which has been specifically designated for the partial or
3826	exclusive use of a particular candidate.  Any contribution so
3827	designated must be returned to the contributor and may not be
3828	used or expended by or on behalf of the candidate. Also, a
3829	political party may not accept any in-kind contribution that
3830	fails to provide a direct benefit to the political party. A
3831	"direct benefit" includes, but is not limited to, fundraising or
3832	furthering the objectives of the political party.
3833	Section 69.  Subsection (6) of section 106.24, Florida
3834	Statutes, is amended to read:
3835	106.24  Florida Elections Commission; membership; powers;
3836	duties.--
3837	(6)  There is hereby established in the State Treasury an
3838	Elections Commission Trust Fund to be utilized by the Division
3839	of Elections and the Florida Elections Commission in order to
3840	carry out their duties pursuant to ss. 106.24-106.28. The trust
3841	fund may also be used by the Secretary of State division,
3842	pursuant to his or her its authority under s. 97.012(14) s.
3843	106.22(11), to provide rewards for information leading to
3844	criminal convictions related to voter registration fraud, voter
3845	fraud, and vote scams.
3846	Section 70.  Subsection (6) of section 106.141, Florida
3847	Statutes, is amended to read:
3848	106.141  Disposition of surplus funds by candidates.--
3849	(6)  Prior to disposing of funds pursuant to subsection (4)
3850	or transferring funds into an office account pursuant to
3851	subsection (5), any candidate who filed an oath stating that he
3852	or she was unable to pay the election assessment or fee for
3853	verification of petition signatures without imposing an undue
3854	burden on his or her personal resources or on resources
3855	otherwise available to him or her, or who filed both such oaths,
3856	or who qualified by the petition process alternative method and
3857	was not required to pay an election assessment, shall reimburse
3858	the state or local governmental entity, whichever is applicable,
3859	for such waived assessment or fee or both. Such reimbursement
3860	shall be made first for the cost of petition verification and
3861	then, if funds are remaining, for the amount of the election
3862	assessment. If there are insufficient funds in the account to
3863	pay the full amount of either the assessment or the fee or both,
3864	the remaining funds shall be disbursed in the above manner until
3865	no funds remain. All funds disbursed pursuant to this subsection
3866	shall be remitted to the qualifying officer. Any reimbursement
3867	for petition verification costs which are reimbursable by the
3868	state shall be forwarded by the qualifying officer to the state
3869	for deposit in the General Revenue Fund. All reimbursements for
3870	the amount of the election assessment shall be forwarded by the
3871	qualifying officer to the Department of State for deposit in the
3872	General Revenue Fund.
3873	Section 71.  Section 98.122, Florida Statutes, is
3874	transferred and renumbered as section 106.165, Florida Statutes.
3875	Section 72.  Section 106.22, Florida Statutes, is amended
3876	to read:
3877	106.22  Duties of the Division of Elections.--It is the
3878	duty of the Division of Elections to:
3879	(1)  Prescribe forms for statements and other information
3880	required to be filed by this chapter.  Such forms shall be
3881	furnished by the Department of State or office of the supervisor
3882	of elections to persons required to file such statements and
3883	information with such agency.
3884	(2)  Prepare and publish manuals or brochures setting forth
3885	recommended uniform methods of bookkeeping and reporting, and
3886	including appropriate portions of the election code, for use by
3887	persons required by this chapter to file statements.
3888	(3)  Develop a filing, coding, and cross-indexing system
3889	consonant with the purposes of this chapter.
3890	(4)  Preserve statements and other information required to
3891	be filed with the division pursuant to this chapter for a period
3892	of 10 years from date of receipt.
3893	(5)  Prepare and publish such reports as it may deem
3894	appropriate.
3895	(6)  Make, from time to time, audits and field
3896	investigations with respect to reports and statements filed
3897	under the provisions of this chapter and with respect to alleged
3898	failures to file any report or statement required under the
3899	provisions of this chapter.  The division shall conduct a
3900	postelection audit of the campaign accounts of all candidates
3901	receiving contributions from the Election Campaign Financing
3902	Trust Fund.
3903	(7)  Report to the Florida Elections Commission any failure
3904	to file a report or information required by this chapter or any
3905	apparent violation of this chapter.
3906	(8)  Employ such personnel or contract for such services as
3907	are necessary to adequately carry out the intent of this
3908	chapter.
3909	(9)  Prescribe rules and regulations to carry out the
3910	provisions of this chapter.  Such rules shall be prescribed
3911	pursuant to chapter 120.
3912	(10)  Make an annual report to the President of the Senate
3913	and the Speaker of the House of Representatives concerning
3914	activities of the division and recommending improvements in the
3915	election code.
3916	(11)  Conduct preliminary investigations into any
3917	irregularities or fraud involving voter registration or voting
3918	and report its findings to the state attorney for the judicial
3919	circuit in which the alleged violation occurred for prosecution,
3920	where warranted. The Department of State may prescribe by rule
3921	requirements for filing a complaint of voter fraud and for
3922	investigating any such complaint.
3923	(10)(12)  Conduct random audits with respect to reports and
3924	statements filed under this chapter and with respect to alleged
3925	failure to file any reports and statements required under this
3926	chapter.
3927	Section 73.  Subsection (1) of section 16.56, Florida
3928	Statutes, is amended to read:
3929	16.56  Office of Statewide Prosecution.--
3930	(1)  There is created in the Department of Legal Affairs an
3931	Office of Statewide Prosecution.  The office shall be a separate
3932	"budget entity" as that term is defined in chapter 216.  The
3933	office may:
3934	(a)  Investigate and prosecute the offenses of:
3935	1.  Bribery, burglary, criminal usury, extortion, gambling,
3936	kidnapping, larceny, murder, prostitution, perjury, robbery,
3937	carjacking, and home-invasion robbery;
3938	2.  Any crime involving narcotic or other dangerous drugs;
3939	3.  Any violation of the provisions of the Florida RICO
3940	(Racketeer Influenced and Corrupt Organization) Act, including
3941	any offense listed in the definition of racketeering activity in
3942	s. 895.02(1)(a), providing such listed offense is investigated
3943	in connection with a violation of s. 895.03 and is charged in a
3944	separate count of an information or indictment containing a
3945	count charging a violation of s. 895.03, the prosecution of
3946	which listed offense may continue independently if the
3947	prosecution of the violation of s. 895.03 is terminated for any
3948	reason;
3949	4.  Any violation of the provisions of the Florida Anti-
3950	Fencing Act;
3951	5.  Any violation of the provisions of the Florida
3952	Antitrust Act of 1980, as amended;
3953	6.  Any crime involving, or resulting in, fraud or deceit
3954	upon any person;
3955	7.  Any violation of s. 847.0135, relating to computer
3956	pornography and child exploitation prevention, or any offense
3957	related to a violation of s. 847.0135;
3958	8.  Any violation of the provisions of chapter 815;
3959	9.  Any criminal violation of part I of chapter 499;
3960	10.  Any violation of the provisions of the Florida Motor
3961	Fuel Tax Relief Act of 2004; or
3962	11.  Any criminal violation of s. 409.920 or s. 409.9201;
3963	or
3964	12.  Any crime involving voter registration, voting, or
3965	candidate or issue petition activities;
3966
3967	or any attempt, solicitation, or conspiracy to commit any of the
3968	crimes specifically enumerated above.  The office shall have
3969	such power only when any such offense is occurring, or has
3970	occurred, in two or more judicial circuits as part of a related
3971	transaction, or when any such offense is connected with an
3972	organized criminal conspiracy affecting two or more judicial
3973	circuits.
3974	(b)  Upon request, cooperate with and assist state
3975	attorneys and state and local law enforcement officials in their
3976	efforts against organized crimes.
3977	(c)  Request and receive from any department, division,
3978	board, bureau, commission, or other agency of the state, or of
3979	any political subdivision thereof, cooperation and assistance in
3980	the performance of its duties.
3981	Section 74.  Subsection (5) of section 119.07, Florida
3982	Statutes, is amended to read:
3983	119.07  Inspection and copying of records; photographing
3984	public records; fees; exemptions.--
3985	(5)  When ballots are produced under this section for
3986	inspection or examination, no persons other than the supervisor
3987	of elections or the supervisor's employees shall touch the
3988	ballots. If the ballots are being examined before the end of the
3989	contest period in s. 102.168, the supervisor of elections shall
3990	make a reasonable effort to notify all candidates by telephone
3991	or otherwise of the time and place of the inspection or
3992	examination. All such candidates, or their representatives,
3993	shall be allowed to be present during the inspection or
3994	examination.
3995	Section 75.  Subsection (3) of section 145.09, Florida
3996	Statutes, is amended to read:
3997	145.09  Supervisor of elections.--
3998	(3)(a)  There shall be an additional $2,000 per year
3999	special qualification salary for each supervisor of elections
4000	who has met the certification requirements established by the
4001	Division of Elections of the Department of State. The Department
4002	of State shall adopt rules to establish the certification
4003	requirements. Any supervisor who is certified during a calendar
4004	year shall receive in that year a pro rata share of the special
4005	qualification salary based on the remaining period of the year.
4006	(b)  In order to qualify for the special qualification
4007	salary described in paragraph (a), the supervisor must complete
4008	the requirements established by the Division of Elections within
4009	6 years after first taking office.
4010	(c)  After a supervisor meets the requirements of paragraph
4011	(a), in order to remain certified the supervisor shall
4012	thereafter be required to complete each year a course of
4013	continuing education as prescribed by the division.
4014	Section 76.  Effective July 1, 2005, section 104.0615,
4015	Florida Statutes, is created to read:
4016	104.0615  Voter intimidation or suppression prohibited;
4017	criminal penalties.--
4018	(1)  This section may be cited as the "Voter Protection
4019	Act."
4020	(2)  A person may not directly or indirectly use or
4021	threaten to use force, violence, or intimidation or any tactic
4022	of coercion or intimidation to induce or compel an individual
4023	to:
4024	(a)  Vote or refrain from voting;
4025	(b)  Vote or refrain from voting for any particular
4026	individual or ballot measure;
4027	(c)  Refrain from registering to vote; or
4028	(d)  Refrain from acting as a legally authorized election
4029	official or poll watcher.
4030	(3)  A person may not knowingly use false information to:
4031	(a)  Challenge an individual's right to vote;
4032	(b)  Induce or attempt to induce an individual to refrain
4033	from voting or registering to vote; or
4034	(c)  Induce or attempt to induce an individual to refrain
4035	from acting as a legally authorized election official or poll
4036	watcher.
4037	(4)  A person may not knowingly destroy, mutilate, or
4038	deface a voter registration form or election ballot or obstruct
4039	or delay the delivery of a voter registration form or election
4040	ballot.
4041	(5)  A person who violates subsection (2), subsection (3),
4042	or subsection (4) commits a felony of the third degree,
4043	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4044	Section 77.  Sections 98.095, 98.0979, 98.181, 98.481,
4045	101.253, 101.635, 102.061, 106.085, and 106.144, Florida
4046	Statutes, are repealed.
4047	Section 78.  If any provision of this act or its
4048	application to any person or circumstance is held invalid, the
4049	invalidity does not affect other provisions or applications of
4050	the act which can be given effect without the invalid provision
4051	or application, and to this end the provisions of this act are
4052	severable.
4053	Section 79.  Except as otherwise expressly provided in this
4054	act and except for this section, which shall take effect July 1,
4055	2005, this act shall take effect January 1, 2006.

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