HB 1095

1
A bill to be entitled
2An act relating to ballot pamphlets; providing a short
3title; creating s. 101.2601, F.S.; requiring the Secretary
4of State to be responsible for preparing and printing
5ballot pamphlets for statewide elections; providing
6requirements for the preparation, printing, and content of
7ballot pamphlets; requiring the Division of Legislative
8Information Services to prepare specified information for
9ballot pamphlets; creating s. 101.2602, F.S.; providing
10ballot pamphlet format requirements; creating s. 101.2603,
11F.S.; requiring the division to prepare analyses of
12proposed legislation to be included in ballot pamphlets;
13providing for the content and format of the analyses;
14authorizing the division to seek assistance from specified
15entities; requiring approval of analyses by a committee;
16providing for committee membership, duties, and
17reimbursement; creating s. 101.2604, F.S.; requiring each
18supervisor of elections to provide notice to voters of
19ballot pamphlet availability; providing for contents of
20the notice; creating s. 101.2605, F.S.; authorizing
21candidates for nonpartisan elective office in any local
22election to prepare a candidate statement; providing for
23the content of candidate statements; providing
24requirements for filing, withdrawing, and changing
25candidate statements; creating s. 101.2606, F.S.;
26requiring each supervisor of elections to include
27candidate statements as a supplement to ballot pamphlets;
28providing requirements for Spanish and Creole translations
29of candidate statements; authorizing the supervisor of
30elections to require printing, handling, and translating
31costs from candidates; providing for liability for false,
32slanderous, or libelous candidate statements; requiring
33each supervisor of elections to notify candidates by a
34certain date of candidate statement charges; providing for
35content of judicial candidate statements; creating s.
36101.2607, F.S.; providing for the inability of a candidate
37to pay a candidate statement fee; providing for the
38content and submittal of a statement of financial worth to
39the supervisor of elections by an indigent candidate;
40providing requirements for the supervisor of election's
41determination of candidate indigence; creating s.
42101.2608, F.S.; providing for the format of candidate
43statements; creating s. 101.2609, F.S.; providing for the
44public examination of candidate statements; authorizing a
45fee for copies; providing for a writ of mandamus or an
46injunction upon the showing of certain evidence; providing
47for the parties in a writ of mandamus or injunction
48proceeding; creating s. 101.2610, F.S.; providing for a
49voter's writ of mandamus regarding ballot pamphlets upon
50the showing of certain evidence; providing for priority
51and venue of writ of mandamus proceedings; creating s.
52101.2611, F.S.; providing requirements for each supervisor
53of elections to mail ballot pamphlets and candidate
54statements to voters; requiring the Secretary of State to
55deliver ballot pamphlets to each supervisor of elections;
56requiring the Secretary of State to reimburse each
57supervisor of elections for mailing costs; providing an
58effective date.
59
60Be It Enacted by the Legislature of the State of Florida:
61
62     Section 1.  This act may be cited as the "Florida Ballot
63Pamphlet Act."
64     Section 2.  Section 101.2601, Florida Statutes, is created
65to read:
66     101.2601  Ballot pamphlet preparation, printing, contents,
67content placement.--
68     (1)(a)  For all statewide elections, the Secretary of State
69is responsible for coordinating the preparation and printing of
70as many ballot pamphlets as are needed to comply with ss.
71101.2604 and 101.2611. The ballot pamphlets shall be printed in
72the Print and Duplicating Shop of the Department of State unless
73the Director of Administrative Services determines that the
74printing of the pamphlets in the Print and Duplicating Shop of
75the Department of State cannot be done adequately, competently,
76or satisfactorily, in which case the Secretary of State, subject
77to the approval of the Director of Administrative Services,
78shall contract with a private printing concern for the printing
79of all or a portion of the ballot pamphlets. Copy content for
80preparation of the ballot pamphlets shall be furnished to the
81Print and Duplicating Shop of the Department of State at least
8240 days prior to the date of required delivery to the elections
83officials as provided herein.
84     (b)  The Secretary of State shall deliver printed ballots
85to each supervisor of elections as required under s. 101.2611.
86     (c)  For all statewide elections, supervisors of elections
87are responsible for mailing ballot pamphlets to registered
88voters as required under s. 101.2611.
89     (2)  The Secretary of State shall disseminate the complete
90ballot pamphlet over the Internet.
91     (3)  The ballot pamphlet shall contain the following:
92     (a)  Tables of contents, indexes, artwork, graphics, and
93other materials that the Secretary of State determines will make
94the ballot pamphlet more useful to or easier to understand for
95the average voter.
96     (b)  A notice, conspicuously printed on the cover of the
97ballot pamphlet, indicating that additional copies of the ballot
98pamphlet will be mailed by the supervisor of elections upon
99request.
100     (c)  The Voter's Bill of Rights and Responsibilities.
101     (d)1.  Information on each proposed constitutional
102amendment or other public measure in the following order:
103     a.  Identification of the measure by number, section, and
104title.
105     b.  A summary statement for each proposed constitutional
106amendment or other public measure.
107     (I)  A summary statement shall provide a concise summary of
108the general meaning and effect of "yes" and "no" votes on each
109proposed constitutional amendment or other public measure.
110     (II)  The summary statements required by this section shall
111be prepared by the Division of Legislative Information Services
112in the Office of Legislative Services. These statements are not
113intended to provide comprehensive information on each measure.
114The Division of Legislative Information Services shall be solely
115responsible for determining the contents of the statements. The
116statements shall be available for public examination and
117amendment as provided in this section.
118     (III)  The Division of Legislative Information Services
119shall submit a summary statement for each proposed
120constitutional amendment or other public measure to the Attorney
121General for approval.
122     c.  The total number of votes cast for and against each
123measure in both the Senate and House of Representatives for
124proposed constitutional amendments or other public measures
125passed by the Legislature.
126     d.  An analysis of each proposed constitutional amendment
127or other public measure prepared by the Division of Legislative
128Information Services under s. 101.2603.
129     e.  Arguments, if any, for or against each measure.
130     (I)  A rebuttal, if any, shall be placed immediately below
131each argument.
132     (II)  The following statement shall be printed at the
133bottom of each page where arguments appear: "Arguments printed
134on this page are the opinions of the authors and have not been
135checked for accuracy by any state agency."
136     (III)  The Secretary of State shall be responsible for
137regulating the submission and content of arguments, subject to
138the requirements of this sub-subparagraph. Written arguments
139containing no more than 100 words may be authored and submitted
140to the Secretary of State by any citizen or citizen
141organization. Each argument that is published in the ballot
142pamphlet shall be followed by the name, address, and telephone
143number of the argument's author.
144     f.  The provisions of the proposed measure and the existing
145provisions of law repealed or revised by the measure. The
146provisions of the proposed measure differing from the existing
147provisions of law affected shall be distinguished in print so as
148to facilitate comparison. Proposed constitutional amendments or
149other public measures shall be printed in the ballot pamphlet as
150close as possible to the manner and form in which they appear on
151the ballot.
152     2.  The information required under this paragraph for each
153proposed constitutional amendment or other public measure shall
154appear in the ballot pamphlet in the same order in which each
155proposed constitutional amendment or other public measure
156appears on the ballot.
157     3.  The information required under this paragraph shall be
158conspicuously grouped according to each proposed constitutional
159amendment or other public measure and conspicuously spaced apart
160from information on other proposed measures.
161     (e)  A statement that the Secretary of State certifies that
162all the information in the ballot pamphlet is correct.
163     Section 3.  Section 101.2602, Florida Statutes, is created
164to read:
165     101.2602  Format of ballot pamphlet.--The ballot pamphlet
166shall be printed according to the following specifications:
167     (1)  The pages shall be no smaller than 8 1/2 inches x 11
168inches in size.
169     (2)  The type shall be clear, readable, and not less than
17010 points in size, except that the text of any proposed
171constitutional amendment or other public measure may be printed
172in 8-point type.
173     (3)  The paper shall be of a quality and weight that, in
174the judgment of the Secretary of State, best serves the voters.
175     Section 4.  Section 101.2603, Florida Statutes, is created
176to read:
177     101.2603  Analysis of proposed legislation.--The Division
178of Legislative Information Services shall prepare for the ballot
179pamphlet an impartial analysis of each proposed constitutional
180amendment or other public measure that describes the measure and
181includes an analysis of the measure's fiscal impact that shows
182the amount of any increase or decrease in revenue or cost to
183state or local governments. Any estimate of increased cost to
184local governments shall be printed in boldface type in the
185ballot pamphlet. The analysis shall be written in clear and
186concise terms so as to be easily understood by the average voter
187and shall avoid the use of technical terms wherever possible.
188The analysis may contain background information, including the
189effect of the measure on existing law and the effect of enacted
190legislation that will become effective if the measure is
191adopted, and shall generally set forth in an impartial manner
192all information the average voter reasonably needs to adequately
193understand the measure. The division may contract with
194professional writers, educational specialists, or other persons
195for assistance in writing an analysis that fulfills the
196requirements of this section, including the requirement that the
197analysis be written so that it will be easily understood by the
198average voter. The division may also request the assistance of
199any state department, agency, or official in preparing the
200analysis. Prior to submitting the analysis to the Secretary of
201State, the division shall submit the analysis to a committee of
202five persons appointed by the division for the purpose of
203reviewing the analysis to confirm its clarity and ease of
204comprehension for the average voter. The committee shall be
205drawn from the public at large, and one member shall be a
206specialist in education, one member shall be bilingual in
207English and Spanish, one member shall be bilingual in English
208and Creole, and one member shall be a professional writer.
209Members of the committee shall be reimbursed for reasonable and
210necessary expenses incurred in performing their duties. Within 5
211days after the submission of the analysis to the committee, the
212committee shall make such recommendations to the division as it
213deems appropriate to guarantee that the analysis can be easily
214understood by the average voter. The division shall consider the
215committee's recommendations and shall incorporate into the
216analysis changes recommended by the committee that the division
217deems appropriate. The division is solely responsible for
218determining the content of the analysis required by this
219section.
220     Section 5.  Section 101.2604, Florida Statutes, is created
221to read:
222     101.2604  Notice of ballot pamphlet availability.--Each
223supervisor of elections shall send each voter notice as to where
224the voter can obtain a ballot pamphlet prior to the election, a
225statement indicating that ballot pamphlets will be available at
226the polling place at the time of the election, the address of
227the Secretary of State's Internet website and, if applicable,
228the address of the county Internet website where a ballot
229pamphlet may be viewed.
230     Section 6.  Section 101.2605, Florida Statutes, is created
231to read:
232     101.2605  Submission of candidate statements for ballot
233pamphlet; voluntary candidate statements; nonpartisan elective
234offices.--
235     (1)  Each candidate for nonpartisan elective office in any
236local election, including any city, county, or district, may
237prepare a candidate statement on an appropriate form provided by
238the supervisor of elections. The statement may include the name,
239age, and occupation of the candidate and a brief description of
240no more than 200 words of the candidate's education and
241qualifications. However, the supervisor of elections may
242authorize an increase in the word limitation for the statement
243up to 400 words. The statement shall not include the candidate's
244party affiliation or membership or activity in partisan
245political organizations.
246     (2)  The statement authorized by this section shall be
247filed with the supervisor of elections when the candidate's
248qualification papers are returned for filing.
249     (3)  A candidate statement may be withdrawn by the
250candidate during the period for filing qualification papers
251until 5 p.m. of the next working day after the close of the
252qualifying period.
253     Section 7.  Section 101.2606, Florida Statutes, is created
254to read:
255     101.2606  Submission of candidate statements for ballot
256pamphlet; judicial elections.--
257     (1)  The ballot pamphlet that the supervisor of elections
258sends to each voter in his or her jurisdiction shall be
259accompanied by a supplemental pamphlet that contains any
260candidate statement properly prepared and filed under s.
261101.2605. Each candidate's statement shall be printed in type
262that is uniform in size, darkness, and spacing. The supervisor
263of elections shall provide a Spanish or Creole translation to
264candidates who request one and shall select a translator from
265the list of approved Spanish and Creole translators and
266interpreters of the circuit court of the county.
267     (2)  The supervisor of elections may estimate the total
268cost of printing, handling, and translating the candidate
269statements filed pursuant to this section, including costs
270incurred as a result of complying with the Voting Rights Act of
2711965, as amended. The supervisor of elections may require each
272candidate filing a statement to pay, in advance, to the
273supervisor of elections his or her estimated pro rata share of
274the costs as a condition of having his or her statement included
275in the ballot pamphlet. If an estimated payment is required, the
276receipt for the payment shall include a written notice that the
277estimate is an approximation of the actual cost that may vary
278from one election to another and may be significantly more or
279less than the estimate, depending on the actual number of
280candidates filing statements. Accordingly, the supervisor of
281elections is not bound by the estimate and may, on a pro rata
282basis, bill the candidate for additional actual expenses or
283refund any excess paid depending on the final actual cost. In
284the event of underpayment, the supervisor of elections may
285require the candidate to pay the balance of the cost incurred.
286In the event of overpayment, the supervisor of elections shall
287prorate the excess amount among the candidates and refund the
288excess amount paid within 30 days following the election date.
289     (3)  Nothing in this section shall be deemed to make the
290authors of candidate statements free or exempt from any civil or
291criminal action or penalty because of any false, slanderous, or
292libelous statements contained in the filed candidate statements.
293     (4)  Before the qualifying period opens, the supervisor of
294elections shall determine whether a charge shall be levied
295against a candidate for filing a candidate statement. This
296decision shall not be revoked or modified after the 7th day
297prior to the opening of the qualifying period. A written
298statement of regulations relating to charges for handling,
299packaging, and mailing shall be provided to each candidate or
300his or her representative at the time he or she receives the
301qualifying papers.
302     (5)  Any candidate statement submitted by a candidate for
303judicial office shall be limited to a recitation of the
304candidate's own personal background and qualifications and shall
305not in any way make reference to other candidates for judicial
306office or to another candidate's qualifications, character, or
307activities. The supervisor of elections shall not cause to be
308printed or mailed any statement that the supervisor of elections
309determines does not comply with the provisions of this
310subsection.
311     Section 8.  Section 101.2607, Florida Statutes, is created
312to read:
313     101.2607  Inability of candidates to pay fee.--
314     (1)  Notwithstanding s. 101.2606, if a candidate claims to
315be indigent and unable to pay, in advance, the requisite fee for
316submitting a candidate statement, the candidate shall submit to
317the supervisor of elections a statement of financial worth to be
318used in determining whether he or she is eligible to submit a
319candidate statement without advance payment of the fee.
320     (2)  The statement of financial worth required by this
321section shall be submitted by the candidate together with his or
322her candidate statement in accordance with the deadline
323specified in s. 101.2606. The statement of financial worth form
324shall be furnished by the supervisor of elections and may
325include questions relating to the candidate's employer, income,
326real estate holdings, tangible personal property, and financial
327obligations. The candidate shall certify the truth and
328correctness of the content of the statement under penalty of
329perjury. The candidate shall also sign a release form
330authorizing disclosure of his or her most recent federal income
331tax return.
332     (3)  Upon receipt of a statement of financial worth, the
333supervisor of elections shall determine whether the candidate is
334indigent and shall notify the candidate of his or her findings.
335     (4)  If it is determined that the candidate is not
336indigent, the candidate shall, within 3 days after the
337notification, excluding Saturdays, Sundays, and state holidays,
338withdraw the statement or pay the requisite fee. If the
339candidate fails to respond within the time prescribed, the
340supervisor of elections shall not be obligated to print and mail
341the statement.
342     (5)  If the supervisor of elections determines that the
343candidate is indigent, the statement shall printed and mailed at
344no cost to the candidate.
345     (6)  Nothing in this section shall prohibit the supervisor
346of elections from billing a nonindigent candidate for his or her
347actual pro rata share of the cost of the statement after the
348election.
349     Section 9.  Section 101.2608, Florida Statutes, is created
350to read:
351     101.2608  Candidate statement pamphlet format;
352caveat.--Each supplemental candidate statement pamphlet prepared
353pursuant to s. 101.2606 shall contain a statement in the heading
354of the first page, in at least 10-point bold gothic type, that:
355     (1)  If any candidate is not listed in the candidate
356statement pamphlet, the pamphlet does not contain a complete
357list of candidates and that a complete list of candidates
358appears on the sample ballot.
359     (2)  Each candidate statement in the pamphlet is
360volunteered by the candidate and whether the candidate statement
361is printed at the candidate's expense.
362     Section 10.  Section 101.2609, Florida Statutes, is created
363to read:
364     101.2609  Public examination of candidate statements; right
365to seek writ of mandamus.--
366     (1)  The supervisor of elections shall make a copy of
367candidate statements available for public examination in the
368supervisor of elections' office for a period of 10 calendar days
369immediately following the filing deadline for submission of
370candidate statements. Any person may obtain a copy of the
371candidate statements from the supervisor of elections for use
372outside of the supervisor of elections' office. The supervisor
373of elections may charge a fee to any person obtaining a copy of
374the candidate statements; however, the fee may not exceed the
375actual cost incurred by the supervisor of elections in providing
376the copy.
377     (2)  During the 10-day public examination period provided
378by this section, the supervisor of elections or any voter
379registered in the jurisdiction in which the election is being
380held may seek a writ of mandamus or an injunction requiring any
381or all of the material in the candidate statements to be amended
382or deleted. The action for writ of mandamus or injunction shall
383be filed no later than the end of the 10-day public examination
384period.
385     (3)  A peremptory writ of mandamus or an injunction shall
386be issued only upon clear and convincing evidence that the
387material in question is false, misleading, or inconsistent with
388the requirements of s. 101.2605 and that issuance of the writ or
389injunction shall not substantially interfere with the printing
390or distribution of official elections materials as provided by
391law.
392     (4)  The supervisor of elections shall be named as
393respondent, and the candidate who authored the material in
394question shall be named as the real party in interest. In the
395case of the supervisor of elections bringing the mandamus or
396injunctive action pursuant to this section, the board of county
397commissioners shall be named as the respondent, and the
398candidate who authored the material in question shall be named
399as the real party in interest.
400     Section 11.  Section 101.2610, Florida Statutes, is created
401to read:
402     101.2610  Voter's writ of mandamus; error in voting
403material.--
404     (1)  Any voter may seek a writ of mandamus alleging that an
405error or omission has occurred or is about to occur in the
406placing of any name on a ballot, sample ballot, ballot pamphlet,
407or other official matter or in the printing of a ballot, sample
408ballot, ballot pamphlet, or other official matter or that any
409neglect of duty relating to the placing of any name on a ballot,
410sample ballot, ballot pamphlet, or other official matter or in
411the printing of a ballot, sample ballot, ballot pamphlet, or
412other official matter has occurred or is about to occur.
413     (2)  A peremptory writ of mandamus shall be issued only
414upon evidence of the following:
415     (a)  The error, omission, or neglect is in violation of ss.
416101.2601-101.2611 or the State Constitution.
417     (b)  The issuance of the writ will not substantially
418interfere with the conduct of the election.
419     (3)  The action or appeal shall have priority over all
420other civil matters.
421     (4)  Venue for a proceeding under this section shall be
422exclusively in Leon County in any of the following instances:
423     (a)  The Secretary of State is named as a real party in
424interest or as a respondent.
425     (b)  A candidate for statewide elective office is named as
426a party.
427     (c)  A statewide measure that is to be placed on the ballot
428is the subject of the proceeding.
429     Section 12.  Section 101.2611, Florida Statutes, is created
430to read:
431     101.2611  Mailing of ballot pamphlets.--
432     (1)  The Secretary of State shall deliver printed ballot
433pamphlets to each supervisor of elections in adequate time for
434each supervisor of elections to mail the ballot pamphlets to
435voters before the election at which measures contained in the
436ballot pamphlet are to be voted on unless a voter has registered
437fewer than 29 days before the election. The mailing shall
438commence not fewer than 40 days before the election and shall be
439completed no later than 21 days before the election to voters
440who registered on or before the 60th day before the election.
441The supervisor of elections shall mail one copy of the ballot
442pamphlet to each registered voter at the postal address stated
443on the voter's registration record. The supervisor of elections
444may mail only one ballot pamphlet to two or more registered
445voters having the same surname and the same postal address.
446     (2)  No later than 10 days before the election, the
447supervisor of elections shall mail ballot pamphlets to voters
448registering after the 60th day before the election and before
449the 28th day before the election.
450     (3)  The supervisor of elections shall mail a ballot
451pamphlet to any person requesting a ballot pamphlet. Three
452copies of the ballot pamphlet, to be supplied by the Secretary
453of State, shall be kept at every polling place for the voters
454while an election is in progress.
455     (4)  Any costs incurred by a county for mailing the ballot
456pamphlets shall be reimbursed to the county by the Secretary of
457State.
458     (5)  If applicable, the supervisor of elections shall
459include and mail with each ballot pamphlet a supplement
460containing candidate statements.
461     Section 13.  This act shall take effect July 1, 2006.


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