HB 1615

1	A bill to be entitled
2	An act relating to elections; amending s. 97.021, F.S.;
3	revising a definition; amending s. 97.053, F.S.; providing
4	requirements relating to incomplete voter registration
5	applications; revising the date by which persons casting
6	provisional ballots may present voter eligibility
7	evidence; revising the time within which voter
8	registration applications shall be entered into the
9	statewide voter registration system; creating s. 98.056,
10	F.S.; requiring the Department of State to prescribe and
11	supervisors of elections to use registration list
12	maintenance forms; providing requirements relating to the
13	forms; amending s. 98.065, F.S.; revising registration
14	list maintenance requirements relating to voter change of
15	address; amending s. 98.075, F.S.; revising requirements
16	for supervisors relating to removal of deceased voters'
17	names from the statewide voter registration system;
18	amending s. 99.021, F.S.; creating a separate oath and
19	oath requirements for candidates for federal office;
20	amending s. 99.061, F.S.; revising the qualifying
21	deadlines for certain candidates; revising qualification
22	requirements for special district candidates; deleting a
23	provision relating to qualification by the petition
24	process; amending s. 99.093, F.S.; specifying that
25	municipal candidates' election assessments shall be
26	forwarded to the Florida Elections Commission instead of
27	the department; amending s. 99.095, F.S.; providing
28	requirements for special district candidates relating to
29	the qualification by petition process; providing a
30	deadline for submission of certifications for certain
31	candidates qualifying by the petition process; amending s.
32	99.097, F.S.; revising a requirement relating to the
33	verification of signatures on petitions; amending s.
34	100.061, F.S.; revising the date on which the primary
35	election is held; amending s. 100.191, F.S.; deleting an
36	exception to a requirement that all general laws are
37	applicable to special elections; amending s. 100.361,
38	F.S.; revising requirements relating to the recall of
39	municipal or charter county officers; revising provisions
40	relating to recall committees, recall petitions and
41	signatures, recall defense and signatures, petition
42	retention, and offenses; amending s. 100.371, F.S.;
43	revising the period of time for which initiative petition
44	signatures remain valid; providing that such revision
45	apply only to petitions that are approved for circulation
46	after the effective date of this act; amending s. 101.041,
47	F.S., relating to secret voting; deleting a provision
48	requiring official ballots to be printed and distributed
49	for such purpose; amending s. 101.048, F.S.; revising the
50	date by which persons casting provisional ballots may
51	present voter eligibility evidence; amending s. 101.111,
52	F.S.; requiring supervisors to provide election boards
53	copies of voter challenges; amending s. 101.51, F.S.;
54	deleting a requirement that an election official announce
55	an elector's name before the elector enters a voting
56	booth; amending s. 101.6103, F.S.; revising the date the
57	canvassing of mail ballots may begin; removing an obsolete
58	implementation date; amending s. 101.62, F.S.; providing
59	that one request for an absentee ballot is sufficient to
60	receive such ballots for all elections; revising the
61	deadline by which supervisors of elections are required to
62	mail absentee ballots before the general election;
63	revising requirements for electors to receive an absentee
64	ballot; amending s. 101.68, F.S.; revising the date the
65	canvassing of absentee ballots may begin; removing an
66	obsolete implementation date; amending s. 101.733, F.S.;
67	revising a provision relating to the rescheduling of an
68	election due to emergency; authorizing the Governor to
69	provide for holding an election by mail in an emergency;
70	requiring the department to adopt rules relating to a mail
71	election in an emergency; amending s. 102.014, F.S.;
72	revising provisions relating to the training of poll
73	workers; amending s. 102.112, F.S.; revising a deadline
74	relating to the filing of general election returns;
75	amending s. 102.141, F.S.; revising duties of the county
76	canvassing boards relating to the submission of
77	preliminary and unofficial returns to the department;
78	amending s. 102.166, F.S.; correcting a cross-reference;
79	amending s. 103.022, F.S.; revising filing deadlines for
80	write-in candidates for President and Vice President of
81	the United States; creating s. 103.085, F.S.; providing
82	filing requirements for minor political parties;
83	authorizing the Division of Elections to adopt rules
84	relating to the cancellation of a minor party's
85	registration; amending s. 103.091, F.S.; revising
86	deadlines relating to qualification for certain political
87	parties' executive committee membership; amending s.
88	105.031, F.S.; revising deadlines relating to
89	qualification for the office of school board member;
90	deleting a provision relating to qualification by the
91	petition process; amending s. 106.07, F.S.; revising
92	provisions relating to filing deadlines for campaign
93	treasurer reports; amending s. 106.35, F.S.; revising the
94	deadline for beginning distribution of funds from the
95	Election Campaign Financing Trust Fund; amending ss.
96	189.405 and 191.005, F.S.; revising qualification
97	requirements for candidates for special district and
98	independent special fire control district governing board
99	positions; amending s. 582.18, F.S.; revising
100	qualification requirements for candidates for supervisor
101	of each soil and water conservation district; amending s.
102	876.05, F.S.; providing an exception to an oath
103	requirement for candidates for federal office; repealing
104	s. 104.29, F.S., relating to inspectors refusing to allow
105	watchers while ballots are counted; providing an effective
106	date.
107
108	Be It Enacted by the Legislature of the State of Florida:
109
110	Section 1.  Subsection (17) of section 97.021, Florida
111	Statutes, is amended to read:
112	97.021  Definitions.--For the purposes of this code, except
113	where the context clearly indicates otherwise, the term:
114	(17)  "Minor political party" is any group as defined in
115	this subsection which on January 1 preceding a primary election
116	does not have registered as members 5 percent of the total
117	registered electors of the state. Any group of citizens
118	organized for the general purposes of electing to office
119	qualified persons and determining public issues under the
120	democratic processes of the United States may become a minor
121	political party of this state by filing with the department a
122	certificate showing the name of the organization, the names of
123	its current officers, including the members of its executive
124	committee, and a copy of its constitution or bylaws. It shall be
125	the duty of the minor political party to notify the department
126	of any changes in the filing certificate within 5 days of such
127	changes.
128	Section 2.  Subsections (6) and (7) of section 97.053,
129	Florida Statutes, are amended to read:
130	97.053  Acceptance of voter registration applications.--
131	(6)  A voter registration application may be accepted as
132	valid only after the department has verified the authenticity or
133	nonexistence of the driver's license number, the Florida
134	identification card number, or the last four digits of the
135	social security number provided by the applicant. If a completed
136	voter registration application has been received by the book-
137	closing deadline but the driver's license number, the Florida
138	identification card number, or the last four digits of the
139	social security number provided by the applicant cannot be
140	verified, the applicant shall be notified that the application
141	is incomplete and that the voter must provide evidence to the
142	supervisor sufficient to verify the authenticity of the number
143	provided on the application. If the voter provides the necessary
144	evidence, the supervisor shall place the voter's name on the
145	registration rolls as an active voter. If the voter has not
146	provided the necessary evidence or the number has not otherwise
147	been verified prior to the applicant presenting himself or
148	herself to vote, the applicant shall be provided a provisional
149	ballot. The provisional ballot shall be counted only if the
150	application is verified by the end of the canvassing period or
151	if the applicant presents evidence to the supervisor of
152	elections sufficient to verify the authenticity of the driver's
153	license number, Florida identification card number, or last four
154	digits of the social security number provided on the application
155	no later than 5 p.m. of the second third day following the
156	election.
157	(7)  All voter registration applications received by a
158	voter registration official shall be entered into the statewide
159	voter registration system within 13 15 days after receipt. Once
160	entered, the application shall be immediately forwarded to the
161	appropriate supervisor of elections.
162	Section 3.  Section 98.056, Florida Statutes, is created to
163	read:
164	98.056  Registration list maintenance forms.--The
165	Department of State shall prescribe registration list
166	maintenance forms to be used by the supervisors that shall
167	include:
168	(1)  An address confirmation request that shall contain:
169	(a)  The voter's name and address of legal residence as
170	shown on the voter registration record.
171	(b)  A request that the supervisor be informed if either
172	the name or address of legal residence of the voter is
173	incorrect.
174	(2)  An address change notice that shall be sent by
175	forwardable mail, including a postage prepaid, preaddressed
176	return form with which the voter may verify or correct his or
177	her address information.
178	(3)  An address confirmation final notice that shall be
179	sent by forwardable mail and must contain a postage prepaid,
180	preaddressed return form and a statement that:
181	(a)  If the voter has not changed address of legal
182	residence or has changed address of legal residence within the
183	state, the voter should return the return form within 30 days
184	after the date of notice.
185	(b)  If the return form is not returned and the voter does
186	not offer to vote by the second general election thereafter, the
187	voter's name will be removed from the voter registration books.
188	(c)  If the voter has changed address of legal residence to
189	a location outside the state:
190	1.  The voter should return the return form, which return
191	shall serve as a request to be removed from the registration
192	books.
193	2.  The voter will be provided with information on how to
194	register in the new jurisdiction in order to be eligible to
195	vote.
196	Section 4.  Subsection (4) of section 98.065, Florida
197	Statutes, is amended to read:
198	98.065  Registration list maintenance programs.--
199	(4)(a)  If the supervisor receives change-of-address
200	information pursuant to the activities conducted in subsection
201	(2), from jury notices signed by the voter and returned to the
202	courts, from the Department of Highway Safety and Motor
203	Vehicles, or from other sources, which information indicates
204	that the legal address of a registered voter might have changed
205	within the state, the supervisor shall change the registration
206	records to show the new address and shall send the voter by
207	forwardable return-if-undeliverable mail an address change
208	confirmation notice to the address at which the voter was last
209	registered. A supervisor may also send an address confirmation
210	notice to any voter who the supervisor has reason to believe has
211	moved from his or her legal residence.
212	(b)  If the supervisor receives change of address
213	information pursuant to the activities conducted in subsection
214	(2), from jury notices signed by the voter and returned to the
215	courts, or from other sources, which information indicates the
216	legal residence of a registered voter might have changed outside
217	the state, the supervisor of elections shall send an address
218	confirmation final notice to the voter. The address confirmation
219	notice shall contain a postage prepaid, preaddressed return form
220	on which:
221	1.  If the voter has changed his or her address of legal
222	residence to a location outside the state, the voter shall mark
223	that the voter's legal residence has changed to a location
224	outside the state. The form shall also include information on
225	how to register in the new state in order to be eligible to
226	vote. The form must be returned within 30 days after the date of
227	the notice. The completed form shall constitute a request to be
228	removed from the statewide voter registration system.
229	2.  If the voter has changed his or her address of legal
230	residence to a location inside the state, the voter shall set
231	forth the updated or corrected address and submit the return
232	form within 30 days after the date of the notice. The completed
233	form shall constitute a request to update the statewide voter
234	registration system with the updated or corrected address
235	information.
236	3.  If the voter has not changed his or her address of
237	legal residence as printed on the address confirmation notice,
238	the voter shall confirm that his or her address of legal
239	residence has not changed and submit the form within 30 days
240	after the date of the notice.
241	(c)  The supervisor must designate as inactive all voters
242	who have been sent an address confirmation final notice and who
243	have not returned the postage prepaid, preaddressed return form
244	within 30 days or for which an address confirmation notice has
245	been returned as undeliverable. Names on the inactive list may
246	not be used to calculate the number of signatures needed on any
247	petition. A voter on the inactive list may be restored to the
248	active list of voters upon the voter updating his or her
249	registration, requesting an absentee ballot, or appearing to
250	vote. However, if the voter does not update his or her voter
251	registration information, request an absentee ballot, or vote by
252	the second general election after being placed on the inactive
253	list, the voter's name shall be removed from the statewide voter
254	registration system and the voter shall be required to
255	reregister to have his or her name restored to the statewide
256	voter registration system.
257	Section 5.  Subsection (3) of section 98.075, Florida
258	Statutes, is amended to read:
259	98.075  Registration records maintenance activities;
260	ineligibility determinations.--
261	(3)  DECEASED PERSONS.--The department shall identify those
262	registered voters who are deceased by comparing information on
263	the lists of deceased persons received from the Department of
264	Health as provided in s. 98.093. Upon receipt of such
265	information through the statewide voter registration system, the
266	supervisor shall remove the name of the registered voter.
267	Additionally, if the supervisor is presented with a copy of a
268	death certificate issued from a bona fide governmental agency or
269	has personal knowledge of the voter's death, the supervisor
270	shall remove the name of the deceased voter from the statewide
271	voter registration system.
272	Section 6.  Paragraph (a) of subsection (1) of section
273	99.021, Florida Statutes, is amended to read:
274	99.021  Form of candidate oath.--
275	(1)(a)1.  Each candidate, whether a party candidate, a
276	candidate with no party affiliation, or a write-in candidate, in
277	order to qualify for nomination or election to any office other
278	than a judicial office as defined in chapter 105 or a candidate
279	for federal office, shall take and subscribe to an oath or
280	affirmation in writing. A printed copy of the oath or
281	affirmation shall be furnished to the candidate by the officer
282	before whom such candidate seeks to qualify and shall be
283	substantially in the following form:
284
285	State of Florida
286	County of_____
287
288	Before me, an officer authorized to administer oaths,
289	personally appeared   (please print name as you wish it to
290	appear on the ballot)  , to me well known, who, being sworn,
291	says that he or she is a candidate for the office of _____; that
292	he or she is a qualified elector of _____ County, Florida; that
293	he or she is qualified under the Constitution and the laws of
294	Florida to hold the office to which he or she desires to be
295	nominated or elected; that he or she has taken the oath required
296	by ss. 876.05-876.10, Florida Statutes; that he or she has
297	qualified for no other public office in the state, the term of
298	which office or any part thereof runs concurrent with that of
299	the office he or she seeks; and that he or she has resigned from
300	any office from which he or she is required to resign pursuant
301	to s. 99.012, Florida Statutes.
302	(Signature of candidate)
303	(Address)
304
305	Sworn to and subscribed before me this _____ day of _____,
306	(year)  , at _____ County, Florida.
307	(Signature and title of officer administering oath)
308
309	2.  Each candidate for federal office, whether a party
310	candidate, a candidate with no party affiliation, or a write-in
311	candidate, in order to qualify for nomination or election to
312	office, shall take and subscribe to an oath or affirmation in
313	writing. A printed copy of the oath or affirmation shall be
314	furnished to the candidate by the officer before whom such
315	candidate seeks to qualify and shall be substantially in the
316	following form:
317
318	State of Florida
319	County of __________
320
321	Before me, an officer authorized to administer oaths,
322	personally appeared   (please print name as you wish it to
323	appear on the ballot)  , to me well known, who, being sworn,
324	says that he or she is a candidate for the office of _____; that
325	he or she is qualified under the Constitution and laws of the
326	United States to hold the office to which he or she desires to
327	be nominated or elected; that he or she has qualified for no
328	other public office in the state, the term of which office or
329	any part thereof runs concurrent with that of the office he or
330	she seeks; and that he or she has resigned from any office from
331	which he or she is required to resign pursuant to s. 99.012,
332	Florida Statutes.
333
334	(Signature of candidate)
335
336	(Address)
337
338	Sworn to and subscribed before me this _____ day of _____
339	(year)  , at _____ County, Florida.
340	(Signature and title of officer administering oath)
341
342	Section 7.  Section 99.061, Florida Statutes, is amended to
343	read:
344	99.061  Method of qualifying for nomination or election to
345	federal, state, county, or district office.--
346	(1)  The provisions of any special act to the contrary
347	notwithstanding, each person seeking to qualify for nomination
348	or election to a federal, state, or multicounty district office,
349	other than election to a judicial office as defined in chapter
350	105 or the office of school board member, shall file his or her
351	qualification papers with, and pay the qualifying fee, which
352	shall consist of the filing fee and election assessment, and
353	party assessment, if any has been levied, to, the Department of
354	State, or qualify by the petition process pursuant to s. 99.095
355	with the Department of State, at any time after noon of the 1st
356	day for qualifying, which shall be as follows: the 120th day
357	prior to the primary election, but not later than noon of the
358	116th day prior to the date of the primary election, for persons
359	seeking to qualify for nomination or election to federal office
360	or to the office of the state attorney or the public defender;
361	and noon of the 71st 50th day prior to the primary election, but
362	not later than noon of the 67th 46th day prior to the date of
363	the primary election, for persons seeking to qualify for
364	nomination or election to a state or multicounty district
365	office, other than the office of the state attorney or the
366	public defender.
367	(2)  The provisions of any special act to the contrary
368	notwithstanding, each person seeking to qualify for nomination
369	or election to a county office, or district or special district
370	office not covered by subsection (1), shall file his or her
371	qualification papers with, and pay the qualifying fee, which
372	shall consist of the filing fee and election assessment, and
373	party assessment, if any has been levied, to, the supervisor of
374	elections of the county, or shall qualify by the petition
375	process pursuant to s. 99.095 with the supervisor of elections,
376	at any time after noon of the 1st day for qualifying, which
377	shall be the 71st 50th day prior to the primary election or
378	special district election, but not later than noon of the 67th
379	46th day prior to the date of the primary election or special
380	district election. However, if a special district election is
381	held at the same time as the general election, qualifying shall
382	be the 50th day prior to the primary election, but not later
383	than noon of the 46th day prior to the date of the primary
384	election. Within 30 days after the closing of qualifying time,
385	the supervisor of elections shall remit to the secretary of the
386	state executive committee of the political party to which the
387	candidate belongs the amount of the filing fee, two-thirds of
388	which shall be used to promote the candidacy of candidates for
389	county offices and the candidacy of members of the Legislature.
390	(3)  The provisions of any special act to the contrary
391	notwithstanding, each person seeking to qualify for election to
392	a special district office shall qualify between noon of the 71st
393	day prior to the primary election and noon of the 67th day prior
394	to the date of the primary election. Candidates for single
395	county special districts shall qualify with the supervisor of
396	elections in the county in which the district is located. If the
397	district is a multicounty district, candidates shall qualify
398	with the Department of State. All special district candidates
399	shall qualify by paying a filing fee of $25 or by the petition
400	process pursuant to s. 99.095. Notwithstanding s. 106.021, a
401	candidate who does not collect contributions and whose only
402	expense is the filing fee or signature verification fee is not
403	required to appoint a campaign treasurer or designate a primary
404	campaign depository.
405	(4)(3)(a)  Each person seeking to qualify for election to
406	office as a write-in candidate shall file his or her
407	qualification papers with the respective qualifying officer at
408	any time after noon of the 1st day for qualifying, but not later
409	than noon of the last day of the qualifying period for the
410	office sought.
411	(b)  Any person who is seeking election as a write-in
412	candidate shall not be required to pay a filing fee, election
413	assessment, or party assessment. A write-in candidate shall not
414	be entitled to have his or her name printed on any ballot;
415	however, space for the write-in candidate's name to be written
416	in shall be provided on the general election ballot. No person
417	may qualify as a write-in candidate if the person has also
418	otherwise qualified for nomination or election to such office.
419	(5)(4)  At the time of qualifying for office, each
420	candidate for a constitutional office shall file a full and
421	public disclosure of financial interests pursuant to s. 8, Art.
422	II of the State Constitution, and a candidate for any other
423	office, including local elective office, shall file a statement
424	of financial interests pursuant to s. 112.3145.
425	(6)(5)  The Department of State shall certify to the
426	supervisor of elections, within 7 days after the closing date
427	for qualifying, the names of all duly qualified candidates for
428	nomination or election who have qualified with the Department of
429	State.
430	(6)  Notwithstanding the qualifying period prescribed in
431	this section, if a candidate has submitted the necessary
432	petitions by the required deadline in order to qualify by the
433	petition process pursuant to s. 99.095 as a candidate for
434	nomination or election and the candidate is notified after the
435	5th day prior to the last day for qualifying that the required
436	number of signatures has been obtained, the candidate is
437	entitled to subscribe to the candidate's oath and file the
438	qualifying papers at any time within 5 days from the date the
439	candidate is notified that the necessary number of signatures
440	has been obtained. Any candidate who qualifies within the time
441	prescribed in this subsection is entitled to have his or her
442	name printed on the ballot.
443	(7)(a)  In order for a candidate to be qualified, the
444	following items must be received by the filing officer by the
445	end of the qualifying period:
446	1.  A properly executed check drawn upon the candidate's
447	campaign account in an amount not less than the fee required by
448	s. 99.092 or, in lieu thereof, as applicable, the copy of the
449	notice of obtaining ballot position pursuant to s. 99.095. The
450	filing fee for a special district candidate is not required to
451	be drawn upon the candidate's campaign account. If a candidate's
452	check is returned by the bank for any reason, the filing officer
453	shall immediately notify the candidate and the candidate shall,
454	the end of qualifying notwithstanding, have 48 hours from the
455	time such notification is received, excluding Saturdays,
456	Sundays, and legal holidays, to pay the fee with a cashier's
457	check purchased from funds of the campaign account. Failure to
458	pay the fee as provided in this subparagraph shall disqualify
459	the candidate.
460	2.  The candidate's oath required by s. 99.021, which must
461	contain the name of the candidate as it is to appear on the
462	ballot; the office sought, including the district or group
463	number if applicable; and the signature of the candidate, duly
464	acknowledged.
465	3.  The loyalty oath required by s. 876.05, signed by the
466	candidate and duly acknowledged.
467	4.  If the office sought is partisan, the written statement
468	of political party affiliation required by s. 99.021(1)(b).
469	5.  The completed form for the appointment of campaign
470	treasurer and designation of campaign depository, as required by
471	s. 106.021.
472	6.  The full and public disclosure or statement of
473	financial interests required by subsection (5) (4). A public
474	officer who has filed the full and public disclosure or
475	statement of financial interests with the Commission on Ethics
476	or the supervisor of elections prior to qualifying for office
477	may file a copy of that disclosure at the time of qualifying.
478	(8)  Notwithstanding the qualifying period prescribed in
479	this section, a qualifying office may accept and hold qualifying
480	papers submitted not earlier than 14 days prior to the beginning
481	of the qualifying period, to be processed and filed during the
482	qualifying period.
483	(9)  Notwithstanding the qualifying period prescribed by
484	this section, in each year in which the Legislature apportions
485	the state, the qualifying period for persons seeking to qualify
486	for nomination or election to federal office shall be between
487	noon of the 71st 57th day prior to the primary election, but not
488	later than noon of the 67th 53rd day prior to the primary
489	election.
490	(10)  The Department of State may prescribe by rule
491	requirements for filing papers to qualify as a candidate under
492	this section.
493	Section 8.  Subsection (1) of section 99.093, Florida
494	Statutes, is amended to read:
495	99.093  Municipal candidates; election assessment.--
496	(1)  Each person seeking to qualify for nomination or
497	election to a municipal office shall pay, at the time of
498	qualifying for office, an election assessment. The election
499	assessment shall be an amount equal to 1 percent of the annual
500	salary of the office sought. Within 30 days after the close of
501	qualifying, the qualifying officer shall forward all assessments
502	collected pursuant to this section to the Florida Elections
503	Commission Department of State for deposit in the Elections
504	Commission Trust Fund.
505	Section 9.  Subsections (2) and (4) of section 99.095,
506	Florida Statutes, are amended to read:
507	99.095  Petition process in lieu of a qualifying fee and
508	party assessment.--
509	(2)(a)  Except as provided in paragraph (b), a candidate
510	shall obtain the number of signatures of voters in the
511	geographical area represented by the office sought equal to at
512	least 1 percent of the total number of registered voters of that
513	geographical area, as shown by the compilation by the department
514	for the last preceding general election. Signatures may not be
515	obtained until the candidate has filed the appointment of
516	campaign treasurer and designation of campaign depository
517	pursuant to s. 106.021.
518	(b)  A candidate for a special district office shall obtain
519	25 signatures of voters in the geographical area represented by
520	the office sought.
521	(c)(b)  The format of the petition shall be prescribed by
522	the division and shall be used by candidates to reproduce
523	petitions for circulation. If the candidate is running for an
524	office that requires a group or district designation, the
525	petition must indicate that designation and, if it does not, the
526	signatures are not valid. A separate petition is required for
527	each candidate.
528	(4)(a)  Certifications for candidates for federal, state,
529	or multicounty district, or multicounty special district office
530	shall be submitted to the division no later than the 7th day
531	before the first day of the qualifying period for the office
532	sought. The division shall determine whether the required number
533	of signatures has been obtained and shall notify the candidate.
534	(b)  For candidates for county, or district, or special
535	district office not covered by paragraph (a), the supervisor
536	shall determine whether the required number of signatures has
537	been obtained and shall notify the candidate.
538	Section 10.  Paragraph (b) of subsection (3) of section
539	99.097, Florida Statutes, is amended to read:
540	99.097  Verification of signatures on petitions.--
541	(3)
542	(b)  If a voter signs a petition and lists an address other
543	than the legal residence where the voter is registered, the
544	petition shall not be counted and the supervisor shall mail to
545	the voter a new voter registration application, along with the
546	reason the new application is being sent treat the signature as
547	if the voter had listed the address where the voter is
548	registered.
549	Section 11.  Section 100.061, Florida Statutes, is amended
550	to read:
551	100.061  Primary election.--In each year in which a general
552	election is held, a primary election for nomination of
553	candidates of political parties shall be held on the Tuesday 10
554	9 weeks prior to the general election. The candidate receiving
555	the highest number of votes cast in each contest in the primary
556	election shall be declared nominated for such office. If two or
557	more candidates receive an equal and highest number of votes for
558	the same office, such candidates shall draw lots to determine
559	which candidate is nominated.
560	Section 12.  Section 100.191, Florida Statutes, is amended
561	to read:
562	100.191  General election laws applicable to special
563	elections; returns.--All laws that are applicable to general
564	elections are applicable to special elections or special primary
565	elections to fill a vacancy in office or nomination, except that
566	the canvass of returns by the county canvassing board of each
567	county in which a special election is held shall be made on the
568	day following the election, and the certificate of the result of
569	the canvass shall be immediately forwarded to the Department of
570	State. The Elections Canvassing Commission shall immediately,
571	upon receipt of returns from the county in which a special
572	election is held, proceed to canvass the returns and determine
573	and declare the result thereof.
574	Section 13.  Section 100.361, Florida Statutes, is amended
575	to read:
576	100.361  Municipal recall.--
577	(1)  APPLICATION; DEFINITIONS RECALL PETITION.--Any member
578	of the governing body of a municipality or charter county,
579	hereinafter referred to in this section as "municipality," may
580	be removed from office by the electors of the municipality. When
581	the official represents a district and is elected only by
582	electors residing in that district, only electors from that
583	district are eligible to sign the petition to recall that
584	official and are entitled to vote in the recall election. When
585	the official represents a district and is elected at-large by
586	the electors of the municipality, all electors of the
587	municipality are eligible to sign the petition to recall that
588	official and are entitled to vote in the recall election. Where
589	used in this section, the term "district" shall be construed to
590	mean the area or region of a municipality from which a member of
591	the governing body is elected by the electors from such area or
592	region. Members may be removed from office pursuant to by the
593	procedures under this section. The method of removing members of
594	the governing body of a municipality under this section is in
595	addition to such other methods now or hereafter provided by
596	general law. following procedure:
597	(2)  RECALL PETITION.--
598	(a)  Petition content.--A petition shall contain the name
599	of be prepared naming the person sought to be recalled and
600	containing a statement of grounds for recall. The statement of
601	grounds shall not exceed in not more than 200 words, and the
602	stated grounds are limited solely to those the grounds specified
603	in paragraph (d) (b). If more than one member of the governing
604	body is sought to be recalled, whether such member is elected by
605	the electors of a district or by the electors of the
606	municipality at-large, a separate recall petition shall be
607	prepared for each member sought to be recalled. Upon request,
608	the content of a petition should be, but is not required to be,
609	provided by the proponent in alternative formats.
610	(b)  Requisite signatures.--
611	1.  In a municipality or district of fewer than 500
612	electors, the petition shall be signed by at least 50 electors
613	or by 10 percent of the total number of registered electors of
614	the municipality or district as of the preceding municipal
615	election, whichever is greater.
616	2.  In a municipality or district of 500 or more but fewer
617	than 2,000 registered electors, the petition shall be signed by
618	at least 100 electors or by 10 percent of the total number of
619	registered electors of the municipality or district as of the
620	preceding municipal election, whichever is greater.
621	3.  In a municipality or district of 2,000 or more but
622	fewer than 5,000 registered electors, the petition shall be
623	signed by at least 250 electors or by 10 percent of the total
624	number of registered electors of the municipality or district as
625	of the preceding municipal election, whichever is greater.
626	4.  In a municipality or district of 5,000 or more but
627	fewer than 10,000 registered electors, the petition shall be
628	signed by at least 500 electors or by 10 percent of the total
629	number of registered electors of the municipality or district as
630	of the preceding municipal election, whichever is greater.
631	5.  In a municipality or district of 10,000 or more but
632	fewer than 25,000 registered electors, the petition shall be
633	signed by at least 1,000 electors or by 10 percent of the total
634	number of registered electors of the municipality or district as
635	of the preceding municipal election, whichever is greater.
636	6.  In a municipality or district of 25,000 or more
637	registered electors, the petition shall be signed by at least
638	1,000 electors or by 5 percent of the total number of registered
639	electors of the municipality or district as of the preceding
640	municipal election, whichever is greater.
641
642	Electors of the municipality or district making charges
643	contained in the statement of grounds for recall and those
644	signing the recall petition shall be designated as the
645	"committee." A specific person shall be designated in the
646	petition as chair of the committee to act for the committee.
647	Electors of the municipality or district are eligible to sign
648	the petition. Signatures and oaths of witnesses shall be
649	executed as provided in paragraph (c). All signatures shall be
650	obtained, as provided in paragraph (f), within a period of 30
651	days, and each signed and dated petition form the petition shall
652	be filed at the same time no later than within 30 days after the
653	date the first signature is obtained on the petition.
654	(c)  Recall committee.--Electors of the municipality or
655	district making charges contained in the statement of grounds
656	for recall and those signing the recall petition shall be
657	designated as the "committee." A specific person shall be
658	designated in the petition as chair of the committee to act for
659	the committee. The recall committee and the officer being
660	recalled are subject to chapter 106.
661	(d)(b)  Grounds for recall.--The grounds for removal of
662	elected municipal officials shall, for the purposes of this
663	section act, be limited to the following and must be contained
664	in the petition:
665	1.  Malfeasance;
666	2.  Misfeasance;
667	3.  Neglect of duty;
668	4.  Drunkenness;
669	5.  Incompetence;
670	6.  Permanent inability to perform official duties; and
671	7.  Conviction of a felony involving moral turpitude.
672	(e)(c)  Signature process.--Electors of the municipality or
673	district are eligible to sign the petition. Each elector of the
674	municipality signing a petition shall sign his or her name in
675	ink or indelible pencil as registered in the office of the
676	supervisor of elections and shall state on the petition his or
677	her place of residence and voting precinct. Each petition shall
678	contain appropriate lines for the signature, printed name, and
679	street address of the elector and an oath, to be executed by a
680	witness thereof, verifying the fact that the witness saw each
681	person sign the counterpart of the petition, that each signature
682	appearing thereon is the genuine signature of the person it
683	purports to be, and that the petition was signed in the presence
684	of the witness on the date indicated.
685	(f)(d)  Filing of signed petitions.--Each signed petition
686	form shall be filed at the same time no later than 30 days after
687	the date the first signature is obtained on the petition. The
688	petition shall be filed with the auditor or clerk of the
689	municipality or charter county, or his or her equivalent,
690	hereinafter referred to as clerk, by The person designated as
691	chair of the committee shall file each signed petition form with
692	the auditor or clerk of the municipality or charter county, or
693	his or her equivalent, hereinafter referred to as "clerk." The
694	petition cannot be amended after it is filed with the clerk.
695	(g)  Verification of signatures.--
696	1.  Immediately after the filing of the petition form, and,
697	when the petition is filed, the clerk shall submit such form
698	petition to the county supervisor of elections. No more than 30
699	days after the date all petition forms are submitted to the
700	supervisor by the clerk, the supervisor who shall promptly
701	verify the signatures in accordance with s. 99.097 and, within a
702	period of not more than 30 days after the petition is filed with
703	the supervisor, determine whether the requisite number of
704	verified and valid signatures was obtained for the petition
705	contains the required valid signatures. The committee seeking
706	verification of the signatures shall pay in advance to the
707	supervisor the sum of 10 cents for each signature checked or the
708	actual cost of checking such signature, whichever is less.
709	2.  The petition cannot be amended after it is filed with
710	the clerk. The supervisor shall be paid by the persons or
711	committee seeking verification the sum of 10 cents for each name
712	checked. Upon filing with the clerk, the petition and all
713	subsequent papers or forms required or permitted to be filed
714	with the clerk in connection with this section must, upon
715	request, be made available in alternative formats by the clerk.
716	3.(e)  If the supervisor determines it is determined that
717	the petition does not contain the required signatures, the clerk
718	shall, upon receipt of such determination, so certify to the
719	governing body of the municipality or charter county and file
720	the petition without taking further action, and the matter shall
721	be at an end. No additional names may be added to the petition,
722	and the petition shall not be used in any other proceeding.
723	4.(f)  If the supervisor determines it is determined that
724	the petition has the requisite number of verified and valid
725	required signatures, then the process described in subsection
726	(3) is to be followed.
727	(3)  RECALL PETITION AND DEFENSE.--
728	(a)  Notice.--Upon a determination that the requisite
729	number of verified and valid signatures was obtained, the clerk
730	shall at once serve upon the person sought to be recalled a
731	certified copy of the petition. Within 5 days after service, the
732	person sought to be recalled may file with the clerk a defensive
733	statement of not more than 200 words.
734	(b)  Content and preparation.--Within 5 days after the date
735	of receipt of the defensive statement or after the last date a
736	defensive statement could have been filed, the clerk shall,
737	within 5 days, prepare a document entitled "Recall Petition and
738	Defense." The "Recall Petition and Defense" shall consist
739	sufficient number of typewritten, printed, or mimeographed
740	copies of the recall petition, including the names, addresses,
741	and oaths on the original petition form, the and defensive
742	statement, or if no defensive statement was filed, a statement
743	to that effect, and lines and spaces for the signatures of
744	registered electors, places of residence, election precinct
745	numbers, dates of signing, and signatures of witnesses to oaths
746	which conform to the provisions of paragraph (2)(e). The clerk
747	shall make sufficient copies of the "Recall Petition and
748	Defense" sufficient to carry the signatures of 30 percent of the
749	registered electors. Upon preparing and making sufficient copies
750	of the "Recall Petition and Defense," the clerk shall as well as
751	the names, addresses, and oaths on the original petition, and
752	deliver the copies them to the person who has been designated as
753	chair of the committee and take his or her receipt therefor.
754	Such prepared copies shall be entitled "Recall Petition and
755	Defense" and shall contain lines and spaces for signatures and
756	printed names of registered electors, place of residence,
757	election precinct number, and date of signing, together with
758	oaths to be executed by the witnesses which conform to the
759	provisions of paragraph (c). The clerk shall deliver forms
760	sufficient to carry the signatures of 30 percent of the
761	registered electors.
762	(c)(g)  Requisite signatures.--Upon receipt of the "Recall
763	Petition and Defense," the committee may circulate them to
764	obtain the signatures of 15 percent of the electors. All
765	signatures shall be obtained and all signed petition forms shall
766	be filed with the clerk no later than 60 days after delivery of
767	the "Recall Petition and Defense" to the chair of the committee.
768	Any elector who signs a recall petition shall have the right to
769	demand in writing that his or her name be stricken from the
770	petition. A written demand signed by the elector shall be filed
771	with the clerk and upon receipt of the demand the clerk shall
772	strike the name of the elector from the petition and place his
773	or her initials to the side of the signature stricken. However,
774	no signature may be stricken after the clerk has delivered the
775	"Recall Petition and Defense" to the supervisor of elections for
776	verification.
777	(d)(h)  Signed petitions; request for striking
778	name.--Within 60 days after delivery of the "Recall Petition and
779	Defense" to the chair, the chair shall file with the clerk the
780	"Recall Petition and Defense" which bears the signatures of
781	electors. The clerk shall assemble all signed petitions, check
782	to see that each petition is properly verified by the oath of a
783	witness, and submit such petitions to the county supervisor of
784	elections. Any elector who signs a recall petition shall have
785	the right to demand in writing that his or her name be stricken
786	from the petition. A written demand signed by the elector shall
787	be filed with the clerk, and, upon receipt of the demand, the
788	clerk shall strike the name of the elector from the petition and
789	place his or her initials to the side of the signature stricken.
790	However, no signature may be stricken after the clerk has
791	delivered the "Recall Petition and Defense" to the supervisor
792	for verification of the signatures.
793	(e)  Verification of signatures.--Within 30 days of receipt
794	of the signed "Recall Petition and Defense," the supervisor, who
795	shall determine the number of valid signatures, purge the names
796	withdrawn, and certify within 30 days whether 15 percent of the
797	qualified electors of the municipality have signed the
798	petitions, and report his or her findings to the governing body.
799	The supervisor shall be paid by the persons or committee seeking
800	verification the sum of 10 cents for each name checked.
801	(f)(i)  Reporting.--If the supervisor determines that the
802	requisite number of signatures was not obtained, the petitions
803	do not contain the required signatures, the clerk shall, upon
804	receipt of the determination, certify report such determination
805	fact to the governing body and retain file the petitions., The
806	proceedings shall be terminated, and the petitions shall not
807	again be used. If the supervisor determines that signatures do
808	amount to at least 15 percent of the qualified electors signed
809	the petition, the clerk shall, upon receipt of the
810	determination, serve notice of that determination fact upon the
811	person sought to be recalled and deliver to the governing body a
812	certificate as to the percentage of qualified electors voters
813	who signed.
814	(4)(2)  RECALL ELECTION.--If the person designated in the
815	petition files with the clerk, within 5 days after the
816	last-mentioned notice, his or her written resignation, the clerk
817	shall at once notify the governing body of that fact, and the
818	resignation shall be irrevocable. The governing body shall then
819	proceed to fill the vacancy according to the provisions of the
820	appropriate law. In the absence of a resignation, the chief
821	judge of the judicial circuit in which the municipality is
822	located shall fix a day for holding a recall election for the
823	removal of those not resigning. Any such election shall be held
824	not less than 30 days or more than 60 days after the expiration
825	of the 5-day period last-mentioned and at the same time as any
826	other general or special election held within the period; but if
827	no such election is to be held within that period, the judge
828	shall call a special recall election to be held within the
829	period aforesaid.
830	(5)(3)  BALLOTS.--The ballots at the recall election shall
831	conform to the following: With respect to each person whose
832	removal is sought, the question shall be submitted: "Shall _____
833	be removed from the office of _____ by recall?" Immediately
834	following each question there shall be printed on the ballots
835	the two propositions in the order here set forth:
836	"  (name of person)   should be removed from office."
837	"  (name of person)   should not be removed from office."
838	(6)(4)  FILLING OF VACANCIES; SPECIAL ELECTIONS.--
839	(a)  If an election is held for the recall of members
840	elected only at-large, candidates to succeed them for the
841	unexpired terms shall be voted upon at the same election and
842	shall be elected in the same manner as provided by the
843	appropriate law for the election of candidates at general
844	elections. Candidates shall not be elected to succeed any
845	particular member. If only one member is removed, the candidate
846	receiving the highest number of votes shall be declared elected
847	to fill the vacancy. If more than one member is removed,
848	candidates equal in number to the number of members removed
849	shall be declared elected to fill the vacancies; and, among the
850	successful candidates, those receiving the greatest number of
851	votes shall be declared elected for the longest terms. Cases of
852	ties, and all other matters not herein specially provided for,
853	shall be determined by the rules governing elections generally.
854	(b)  If an election is held for the recall of members
855	elected only from districts, candidates to succeed them for the
856	unexpired terms shall be voted upon at a special election called
857	by the chief judge of the judicial circuit in which the
858	districts are located not less than 30 days or more than 60 days
859	after the expiration of the recall election. The qualifying
860	period, for purposes of this section, shall be established by
861	the chief judge of the judicial circuit after consultation with
862	the clerk. Any candidate seeking election to fill the unexpired
863	term of a recalled district municipal official shall reside in
864	the district represented by the recalled official and qualify
865	for office in the manner required by law. Each candidate
866	receiving the highest number of votes for each office in the
867	special district recall election shall be declared elected to
868	fill the unexpired term of the recalled official. Candidates
869	seeking election to fill a vacancy created by the removal of a
870	municipal official shall be subject to the provisions of chapter
871	106.
872	(c)  When an election is held for the recall of members of
873	the governing body composed of both members elected at-large and
874	from districts, candidates to succeed them for the unexpired
875	terms shall be voted upon at a special election as provided in
876	paragraph (b).
877	(d)  However, in any recall election held pursuant to
878	paragraph (b) or paragraph (c), if only one member is voted to
879	be removed from office, the vacancy created by the recall shall
880	be filled by the governing body according to the provisions of
881	the appropriate law for filling vacancies.
882	(7)(5)  EFFECT OF RESIGNATIONS.--If the member of the
883	governing body being recalled resigns from office prior to the
884	recall election, the remaining members shall fill the vacancy
885	created according to the appropriate law for filling vacancies.
886	If all of the members of the governing body are sought to be
887	recalled and all of the members resign prior to the recall
888	election, the recall election shall be canceled, and a special
889	election shall be called to fill the unexpired terms of the
890	resigning members. If all of the members of the governing body
891	are sought to be recalled and any of the members resign prior to
892	the recall election, the proceedings for the recall of members
893	not resigning and the election of successors to fill the
894	unexpired terms shall continue and have the same effect as
895	though there had been no resignation.
896	(8)(6)  WHEN PETITION MAY BE FILED.--No petition to recall
897	any member of the governing body of a municipality shall be
898	filed until the member has served one-fourth of his or her term
899	of office. No person removed by a recall, or resigning after a
900	petition has been filed against him or her, shall be eligible to
901	be appointed to the governing body within a period of 2 years
902	after the date of such recall or resignation.
903	(9)  RETENTION OF PETITION.--The clerk shall preserve in
904	his or her office all papers comprising or connected with a
905	petition for recall for a period of 2 years after they were
906	filed. This method of removing members of the governing body of
907	a municipality is in addition to such other methods now or
908	hereafter provided by the general laws of this state.
909	(10)(7)  OFFENSES RELATING TO PETITIONS.--No person shall
910	impersonate another, purposely write his or her name or
911	residence falsely in the signing of any petition for recall or
912	forge any name thereto, or sign any paper with knowledge that he
913	or she is not a qualified elector of the municipality. No
914	expenditures for campaigning for or against an officer being
915	recalled shall be made until the date on which the recall
916	election is to be held is publicly announced. The committee and
917	the officer being recalled shall be subject to chapter 106. No
918	person shall employ or pay another to accept employment or
919	payment for circulating or witnessing a recall petition. Any
920	person violating any of the provisions of this section shall be
921	deemed guilty of a misdemeanor of the second degree and shall,
922	upon conviction, be punished as provided by law.
923	(11)(8)  INTENT.--It is the intent of the Legislature that
924	the recall procedures provided in this act shall be uniform
925	statewide. Therefore, all municipal charter and special law
926	provisions which are contrary to the provisions of this act are
927	hereby repealed to the extent of this conflict.
928	(12)(9)  PROVISIONS APPLICABLE.--The provisions of this act
929	shall apply to cities and charter counties whether or not they
930	have adopted recall provisions.
931	Section 14.  Subsection (3) of section 100.371, Florida
932	Statutes, is amended to read:
933	100.371  Initiatives; procedure for placement on ballot.--
934	(3)  Each signature shall be dated when made and shall be
935	valid for a period of 2 4 years following such date, provided
936	all other requirements of law are met. The sponsor shall submit
937	signed and dated forms to the appropriate supervisor of
938	elections for verification as to the number of registered
939	electors whose valid signatures appear thereon. The supervisor
940	shall promptly verify the signatures upon payment of the fee
941	required by s. 99.097. The supervisor shall promptly record each
942	valid signature in the statewide voter registration system in
943	the manner prescribed by the Secretary of State. The supervisor
944	shall retain the signature forms for at least 1 year following
945	the election in which the issue appeared on the ballot or until
946	the Division of Elections notifies the supervisors of elections
947	that the committee which circulated the petition is no longer
948	seeking to obtain ballot position.
949	Section 15.  Section 101.041, Florida Statutes, is amended
950	to read:
951	101.041  Secret voting.--In all elections held on any
952	subject which may be submitted to a vote, and for all or any
953	state, county, district, or municipal officers, the voting shall
954	be by secret, official ballot printed and distributed as
955	provided by this code, and no vote shall be received or counted
956	in any election, except as prescribed by this code.
957	Section 16.  Subsection (1) of section 101.048, Florida
958	Statutes, is amended to read:
959	101.048  Provisional ballots.--
960	(1)  At all elections, a voter claiming to be properly
961	registered in the state and eligible to vote at the precinct in
962	the election but whose eligibility cannot be determined, a
963	person whom an election official asserts is not eligible, and
964	other persons specified in the code shall be entitled to vote a
965	provisional ballot. Once voted, the provisional ballot shall be
966	placed in a secrecy envelope and thereafter sealed in a
967	provisional ballot envelope. The provisional ballot shall be
968	deposited in a ballot box. All provisional ballots shall remain
969	sealed in their envelopes for return to the supervisor of
970	elections. The department shall prescribe the form of the
971	provisional ballot envelope. A person casting a provisional
972	ballot shall have the right to present written evidence
973	supporting his or her eligibility to vote to the supervisor of
974	elections by not later than 5 p.m. on the second third day
975	following the election.
976	Section 17.  Subsection (3) of section 101.111, Florida
977	Statutes, is amended to read:
978	101.111  Person desiring to vote may be challenged;
979	challenger to execute oath; oath of person challenged;
980	determination of challenge.--
981	(3)  Any elector or poll watcher may challenge the right of
982	any voter to vote not sooner than 30 days before an election by
983	filing a completed copy of the oath contained in subsection (1)
984	to the supervisor of election's office. The supervisor shall
985	provide the election board in the challenged voter's precinct
986	with a copy of the challenge. The challenged voter shall be
987	permitted to cast a provisional ballot.
988	Section 18.  Subsection (1) of section 101.51, Florida
989	Statutes, is amended to read:
990	101.51  Electors to occupy booth alone.--
991	(1)  When the elector presents himself or herself to vote,
992	the election official shall ascertain whether the elector's name
993	is upon the register of electors, and, if the elector's name
994	appears and no challenge interposes, or, if interposed, be not
995	sustained, one of the election officials stationed at the
996	entrance shall announce the name of the elector and permit him
997	or her to enter the booth or compartment to cast his or her
998	vote, allowing only one elector at a time to pass through to
999	vote. An elector, while casting his or her ballot, may not
1000	occupy a booth or compartment already occupied or speak with
1001	anyone, except as provided by s. 101.051.
1002	Section 19.  Subsections (6) and (8) of section 101.6103,
1003	Florida Statutes, are amended to read:
1004	101.6103  Mail ballot election procedure.--
1005	(6)  The canvassing board may begin the canvassing of mail
1006	ballots at 7 a.m. on the sixth fourth day before the election,
1007	including processing the ballots through the tabulating
1008	equipment. However, results may not be released until after 7
1009	p.m. on election day. Any canvassing board member or election
1010	employee who releases any result before 7 p.m. on election day
1011	commits a felony of the third degree, punishable as provided in
1012	s. 775.082, s. 775.083, or s. 775.084.
1013	(8)  Effective July 1, 2005, A ballot that otherwise
1014	satisfies the requirements of subsection (5) shall be counted
1015	even if the elector dies after mailing the ballot but before
1016	election day, as long as, prior to the death of the voter, the
1017	ballot was:
1018	(a)  Postmarked by the United States Postal Service;
1019	(b)  Date-stamped with a verifiable tracking number by
1020	common carrier; or
1021	(c)  Already in the possession of the supervisor of
1022	elections.
1023	Section 20.  Paragraph (a) of subsection (1) and subsection
1024	(4) of section 101.62, Florida Statutes, are amended to read:
1025	101.62  Request for absentee ballots.--
1026	(1)(a)  The supervisor may accept a request for an absentee
1027	ballot from an elector in person or in writing. Except as
1028	provided in s. 101.694, one request shall be deemed sufficient
1029	to receive an absentee ballot for all elections which are held
1030	within a calendar year, unless the elector or the elector's
1031	designee indicates at the time the request is made the elections
1032	for which the elector desires to receive an absentee ballot.
1033	Such request may be considered canceled when any first-class
1034	mail sent by the supervisor to the elector is returned as
1035	undeliverable.
1036	(4)(a)  To each absent qualified elector overseas who has
1037	requested an absentee ballot, the supervisor of elections shall
1038	mail an absentee ballot not fewer than 35 days before the
1039	primary and not fewer than 45 days before the or general
1040	election.
1041	(b)  The supervisor shall provide an absentee ballot to
1042	each elector by whom a request for that ballot has been made by
1043	one of the following means:
1044	1.  By nonforwardable, return-if-undeliverable mail to the
1045	elector's current mailing address on file with the supervisor,
1046	unless the elector specifies in the request that:
1047	a.  The elector is absent from the county and does not plan
1048	to return before the day of the election;
1049	b.  The elector is temporarily unable to occupy the
1050	residence because of hurricane, tornado, flood, fire, or other
1051	emergency or natural disaster; or
1052	c.  The elector is in a hospital, assisted-living facility,
1053	nursing home, short-term medical or rehabilitation facility, or
1054	correctional facility,
1055
1056	in which case the supervisor shall mail the ballot by
1057	nonforwardable, return-if-undeliverable mail to any other
1058	address the elector specifies in the request.
1059	2.  By forwardable mail to voters who are entitled to vote
1060	by absentee ballot under the Uniformed and Overseas Citizens
1061	Absentee Voting Act.
1062	3.  By personal delivery before 7 p.m. on election day to
1063	the elector, upon presentation of the identification required in
1064	s. 101.043 101.657.
1065	4.  By delivery to a designee on election day or up to 5 4
1066	days prior to the day of an election. Any elector may designate
1067	in writing a person to pick up the ballot for the elector;
1068	however, the person designated may not pick up more than two
1069	absentee ballots per election, other than the designee's own
1070	ballot, except that additional ballots may be picked up for
1071	members of the designee's immediate family. For purposes of this
1072	section, "immediate family" means the designee's spouse or the
1073	parent, child, grandparent, or sibling of the designee or of the
1074	designee's spouse. The designee shall provide to the supervisor
1075	the written authorization by the elector and a picture
1076	identification of the designee and must complete an affidavit.
1077	The designee shall state in the affidavit that the designee is
1078	authorized by the elector to pick up that ballot and shall
1079	indicate if the elector is a member of the designee's immediate
1080	family and, if so, the relationship. The department shall
1081	prescribe the form of the affidavit. If the supervisor is
1082	satisfied that the designee is authorized to pick up the ballot
1083	and that the signature of the elector on the written
1084	authorization matches the signature of the elector on file, the
1085	supervisor shall give the ballot to that designee for delivery
1086	to the elector.
1087	Section 21.  Paragraphs (a) and (c) of subsection (2) of
1088	section 101.68, Florida Statutes, are amended to read:
1089	101.68  Canvassing of absentee ballot.--
1090	(2)(a)  The county canvassing board may begin the
1091	canvassing of absentee ballots at 7 a.m. on the sixth fourth day
1092	before the election, but not later than noon on the day
1093	following the election. In addition, for any county using
1094	electronic tabulating equipment, the processing of absentee
1095	ballots through such tabulating equipment may begin at 7 a.m. on
1096	the sixth fourth day before the election. However,
1097	notwithstanding any such authorization to begin canvassing or
1098	otherwise processing absentee ballots early, no result shall be
1099	released until after the closing of the polls in that county on
1100	election day. Any supervisor of elections, deputy supervisor of
1101	elections, canvassing board member, election board member, or
1102	election employee who releases the results of a canvassing or
1103	processing of absentee ballots prior to the closing of the polls
1104	in that county on election day commits a felony of the third
1105	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1106	775.084.
1107	(c)1.  The canvassing board shall, if the supervisor has
1108	not already done so, compare the signature of the elector on the
1109	voter's certificate with the signature of the elector in the
1110	registration books to see that the elector is duly registered in
1111	the county and to determine the legality of that absentee
1112	ballot. Effective July 1, 2005, The ballot of an elector who
1113	casts an absentee ballot shall be counted even if the elector
1114	dies on or before election day, as long as, prior to the death
1115	of the voter, the ballot was postmarked by the United States
1116	Postal Service, date-stamped with a verifiable tracking number
1117	by common carrier, or already in the possession of the
1118	supervisor of elections. An absentee ballot shall be considered
1119	illegal if it does not include the signature of the elector, as
1120	shown by the registration records. However, an absentee ballot
1121	shall not be considered illegal if the signature of the elector
1122	does not cross the seal of the mailing envelope. If the
1123	canvassing board determines that any ballot is illegal, a member
1124	of the board shall, without opening the envelope, mark across
1125	the face of the envelope: "rejected as illegal." The envelope
1126	and the ballot contained therein shall be preserved in the
1127	manner that official ballots voted are preserved.
1128	2.  If any elector or candidate present believes that an
1129	absentee ballot is illegal due to a defect apparent on the
1130	voter's certificate, he or she may, at any time before the
1131	ballot is removed from the envelope, file with the canvassing
1132	board a protest against the canvass of that ballot, specifying
1133	the precinct, the ballot, and the reason he or she believes the
1134	ballot to be illegal. A challenge based upon a defect in the
1135	voter's certificate may not be accepted after the ballot has
1136	been removed from the mailing envelope.
1137	Section 22.  Subsection (2) of section 101.733, Florida
1138	Statutes, is amended, and subsection (4) is added to that
1139	section, to read:
1140	101.733  Election emergency; purpose; elections emergency
1141	contingency plan.--Because of the existing and continuing
1142	possibility of an emergency or common disaster occurring before
1143	or during a regularly scheduled or special election, and in
1144	order to ensure maximum citizen participation in the electoral
1145	process and provide a safe and orderly procedure for persons
1146	seeking to exercise their right to vote, generally to minimize
1147	to whatever degree possible a person's exposure to danger during
1148	declared states of emergency, and to protect the integrity of
1149	the electoral process, it is hereby found and declared to be
1150	necessary to designate a procedure for the emergency suspension
1151	or delay and rescheduling of elections.
1152	(2)  The Governor, upon consultation with the Secretary of
1153	State, shall reschedule any election suspended or delayed due to
1154	an emergency. The election shall be held within 10 days after
1155	the date of the suspended or delayed election or as soon
1156	thereafter as is practicable. Notice of the election shall be
1157	provided in any reasonable manner to include, where practicable,
1158	publication published at least once in a newspaper of general
1159	circulation in the affected area and, where practicable,
1160	broadcast as a public service announcement on radio and
1161	television stations at least 1 week prior to the date the
1162	election is to be held.
1163	(4)  Notwithstanding the provisions of s. 101.6102, in lieu
1164	of the suspension or delay of an election in cases where the
1165	situation warrants it, the Governor may provide for holding the
1166	election by mail. The Department of State shall adopt rules to
1167	provide for the timelines and procedures when an emergency
1168	exists for which the Governor has called a mail ballot election.
1169	Section 23.  Subsection (7) of section 102.014, Florida
1170	Statutes, is amended to read:
1171	102.014  Poll worker recruitment and training.--
1172	(7)  The Department of State shall develop a mandatory,
1173	statewide, and uniform program for training poll workers on
1174	issues of etiquette and sensitivity with respect to voters
1175	having a disability. The program must consist of approximately 1
1176	hour of the required number of hours set forth in paragraph
1177	(4)(a). The program must be conducted locally by each supervisor
1178	of elections, who shall periodically certify to the Department
1179	of State whether each poll worker has completed the program
1180	prior to working during the election cycle. The supervisor of
1181	elections shall contract with a recognized disability-related
1182	organization, such as a center for independent living, family
1183	network on disabilities, deaf service bureau, or other such
1184	organization, to develop and assist with training the trainers
1185	in the disability sensitivity programs. The program must include
1186	actual demonstrations of obstacles confronted by disabled
1187	persons during the voting process, including obtaining access to
1188	the polling place, traveling through the polling area, and using
1189	the voting system.
1190	Section 24.  Subsection (2) of section 102.112, Florida
1191	Statutes, is amended to read:
1192	102.112  Deadline for submission of county returns to the
1193	Department of State.--
1194	(2)  Returns must be filed by 5 p.m. on the 7th day
1195	following a primary election and by noon 5 p.m. on the 12th 11th
1196	day following the general election. However, the Department of
1197	State may correct typographical errors, including the
1198	transposition of numbers, in any returns submitted to the
1199	Department of State pursuant to s. 102.111(1).
1200	Section 25.  Section 102.141, Florida Statutes, is amended
1201	to read:
1202	102.141  County canvassing board; duties.--
1203	(1)  The county canvassing board shall be composed of the
1204	supervisor of elections; a county court judge, who shall act as
1205	chair; and the chair of the board of county commissioners. In
1206	the event any member of the county canvassing board is unable to
1207	serve, is a candidate who has opposition in the election being
1208	canvassed, or is an active participant in the campaign or
1209	candidacy of any candidate who has opposition in the election
1210	being canvassed, such member shall be replaced as follows:
1211	(a)  If no county court judge is able to serve or if all
1212	are disqualified, the chief judge of the judicial circuit in
1213	which the county is located shall appoint as a substitute member
1214	a qualified elector of the county who is not a candidate with
1215	opposition in the election being canvassed and who is not an
1216	active participant in the campaign or candidacy of any candidate
1217	with opposition in the election being canvassed. In such event,
1218	the members of the county canvassing board shall meet and elect
1219	a chair.
1220	(b)  If the supervisor of elections is unable to serve or
1221	is disqualified, the chair of the board of county commissioners
1222	shall appoint as a substitute member a member of the board of
1223	county commissioners who is not a candidate with opposition in
1224	the election being canvassed and who is not an active
1225	participant in the campaign or candidacy of any candidate with
1226	opposition in the election being canvassed. The supervisor,
1227	however, shall act in an advisory capacity to the canvassing
1228	board.
1229	(c)  If the chair of the board of county commissioners is
1230	unable to serve or is disqualified, the board of county
1231	commissioners shall appoint as a substitute member one of its
1232	members who is not a candidate with opposition in the election
1233	being canvassed and who is not an active participant in the
1234	campaign or candidacy of any candidate with opposition in the
1235	election being canvassed.
1236	(d)  If a substitute member cannot be appointed as provided
1237	elsewhere in this subsection, the chief judge of the judicial
1238	circuit in which the county is located shall appoint as a
1239	substitute member a qualified elector of the county who is not a
1240	candidate with opposition in the election being canvassed and
1241	who is not an active participant in the campaign or candidacy of
1242	any candidate with opposition in the election being canvassed.
1243	(2)  The county canvassing board shall meet in a building
1244	accessible to the public in the county where the election
1245	occurred at a time and place to be designated by the supervisor
1246	of elections to publicly canvass the absentee electors' ballots
1247	as provided for in s. 101.68 and provisional ballots as provided
1248	by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
1249	pursuant to s. 101.049 shall be canvassed in a manner that votes
1250	for candidates and issues on those ballots can be segregated
1251	from other votes. Public notice of the time and place at which
1252	the county canvassing board shall meet to canvass the absentee
1253	electors' ballots and provisional ballots shall be given at
1254	least 48 hours prior thereto by publication once in one or more
1255	newspapers of general circulation in the county or, if there is
1256	no newspaper of general circulation in the county, by posting
1257	such notice in at least four conspicuous places in the county.
1258	As soon as the absentee electors' ballots and the provisional
1259	ballots are canvassed, the board shall proceed to publicly
1260	canvass the vote given each candidate, nominee, constitutional
1261	amendment, or other measure submitted to the electorate of the
1262	county, as shown by the returns then on file in the office of
1263	the supervisor of elections and the office of the county court
1264	judge.
1265	(3)  The canvass, except the canvass of absentee electors'
1266	returns and the canvass of provisional ballots, shall be made
1267	from the returns and certificates of the inspectors as signed
1268	and filed by them with the supervisor, and the county canvassing
1269	board shall not change the number of votes cast for a candidate,
1270	nominee, constitutional amendment, or other measure submitted to
1271	the electorate of the county, respectively, in any polling
1272	place, as shown by the returns. All returns shall be made to the
1273	board on or before 2 a.m. of the day following any primary,
1274	general, or other election. If the returns from any precinct are
1275	missing, if there are any omissions on the returns from any
1276	precinct, or if there is an obvious error on any such returns,
1277	the canvassing board shall order a retabulation of the returns
1278	from such precinct. Before canvassing such returns, the
1279	canvassing board shall examine the tabulation of the ballots
1280	cast in such precinct and determine whether the returns
1281	correctly reflect the votes cast. If there is a discrepancy
1282	between the returns and the tabulation of the ballots cast, the
1283	tabulation of the ballots cast shall be presumed correct and
1284	such votes shall be canvassed accordingly.
1285	(4)  The canvassing board shall submit preliminary returns
1286	on election night to the Department of State in a format
1287	provided by the department.
1288	(5)(4)  The canvassing board shall submit on forms or in
1289	formats provided by the division unofficial returns to the
1290	Department of State for each federal, statewide, state, or
1291	multicounty office or ballot measure no later than noon on the
1292	third day after any primary election and no later than noon on
1293	the fourth fifth day after any general or other election. Such
1294	returns shall include the canvass of all ballots as required by
1295	subsection (2), except for provisional ballots, which returns
1296	shall be reported at the time required for official returns
1297	pursuant to s. 102.112(2).
1298	(6)(5)  If the county canvassing board determines that the
1299	unofficial returns may contain a counting error in which the
1300	vote tabulation system failed to count votes that were properly
1301	marked in accordance with the instructions on the ballot, the
1302	county canvassing board shall:
1303	(a)  Correct the error and retabulate the affected ballots
1304	with the vote tabulation system; or
1305	(b)  Request that the Department of State verify the
1306	tabulation software. When the Department of State verifies such
1307	software, the department shall compare the software used to
1308	tabulate the votes with the software filed with the department
1309	pursuant to s. 101.5607 and check the election parameters.
1310	(7)(6)  If the unofficial returns reflect that a candidate
1311	for any office was defeated or eliminated by one-half of a
1312	percent or less of the votes cast for such office, that a
1313	candidate for retention to a judicial office was retained or not
1314	retained by one-half of a percent or less of the votes cast on
1315	the question of retention, or that a measure appearing on the
1316	ballot was approved or rejected by one-half of a percent or less
1317	of the votes cast on such measure, the board responsible for
1318	certifying the results of the vote on such race or measure shall
1319	order a recount of the votes cast with respect to such office or
1320	measure. The Elections Canvassing Commission is the board
1321	responsible for ordering federal, state, and multicounty
1322	recounts. A recount need not be ordered with respect to the
1323	returns for any office, however, if the candidate or candidates
1324	defeated or eliminated from contention for such office by one-
1325	half of a percent or less of the votes cast for such office
1326	request in writing that a recount not be made.
1327	(a)  Each canvassing board responsible for conducting a
1328	recount shall put each marksense ballot through automatic
1329	tabulating equipment and determine whether the returns correctly
1330	reflect the votes cast. If any marksense ballot is physically
1331	damaged so that it cannot be properly counted by the automatic
1332	tabulating equipment during the recount, a true duplicate shall
1333	be made of the damaged ballot pursuant to the procedures in s.
1334	101.5614(5). Immediately before the start of the recount, a test
1335	of the tabulating equipment shall be conducted as provided in s.
1336	101.5612. If the test indicates no error, the recount tabulation
1337	of the ballots cast shall be presumed correct and such votes
1338	shall be canvassed accordingly. If an error is detected, the
1339	cause therefor shall be ascertained and corrected and the
1340	recount repeated, as necessary. The canvassing board shall
1341	immediately report the error, along with the cause of the error
1342	and the corrective measures being taken, to the Department of
1343	State. No later than 11 days after the election, the canvassing
1344	board shall file a separate incident report with the Department
1345	of State, detailing the resolution of the matter and identifying
1346	any measures that will avoid a future recurrence of the error.
1347	(b)  Each canvassing board responsible for conducting a
1348	recount where touchscreen ballots were used shall examine the
1349	counters on the precinct tabulators to ensure that the total of
1350	the returns on the precinct tabulators equals the overall
1351	election return. If there is a discrepancy between the overall
1352	election return and the counters of the precinct tabulators, the
1353	counters of the precinct tabulators shall be presumed correct
1354	and such votes shall be canvassed accordingly.
1355	(c)  The canvassing board shall submit on forms or in
1356	formats provided by the division a second set of unofficial
1357	returns to the Department of State for each federal, statewide,
1358	state, or multicounty office or ballot measure no later than 3
1359	p.m. on the fifth day after any primary election and no later
1360	than 3 p.m. on the ninth eighth day after any general election
1361	in which a recount was conducted pursuant to this subsection. If
1362	the canvassing board is unable to complete the recount
1363	prescribed in this subsection by the deadline, the second set of
1364	unofficial returns submitted by the canvassing board shall be
1365	identical to the initial unofficial returns and the submission
1366	shall also include a detailed explanation of why it was unable
1367	to timely complete the recount. However, the canvassing board
1368	shall complete the recount prescribed in this subsection, along
1369	with any manual recount prescribed in s. 102.166, and certify
1370	election returns in accordance with the requirements of this
1371	chapter.
1372	(d)  The Department of State shall adopt detailed rules
1373	prescribing additional recount procedures for each certified
1374	voting system, which shall be uniform to the extent practicable.
1375	(8)(7)  The canvassing board may employ such clerical help
1376	to assist with the work of the board as it deems necessary, with
1377	at least one member of the board present at all times, until the
1378	canvass of the returns is completed. The clerical help shall be
1379	paid from the same fund as inspectors and other necessary
1380	election officials.
1381	(9)(8)(a)  At the same time that the official results of an
1382	election are certified to the Department of State, the county
1383	canvassing board shall file a report with the Division of
1384	Elections on the conduct of the election. The report must
1385	describe:
1386	1.  All equipment or software malfunctions at the precinct
1387	level, at a counting location, or within computer and
1388	telecommunications networks supporting a county location, and
1389	the steps that were taken to address the malfunctions;
1390	2.  All election definition errors that were discovered
1391	after the logic and accuracy test, and the steps that were taken
1392	to address the errors;
1393	3.  All ballot printing errors or ballot supply problems,
1394	and the steps that were taken to address the errors or problems;
1395	4.  All staffing shortages or procedural violations by
1396	employees or precinct workers which were addressed by the
1397	supervisor of elections or the county canvassing board during
1398	the conduct of the election, and the steps that were taken to
1399	correct such issues;
1400	5.  All instances where needs for staffing or equipment
1401	were insufficient to meet the needs of the voters; and
1402	6.  Any additional information regarding material issues or
1403	problems associated with the conduct of the election.
1404	(b)  If a supervisor discovers new or additional
1405	information on any of the items required to be included in the
1406	report pursuant to paragraph (a) after the report is filed, the
1407	supervisor shall notify the division that new information has
1408	been discovered no later than the next business day after the
1409	discovery, and the supervisor shall file an amended report
1410	signed by the supervisor of elections on the conduct of the
1411	election within 10 days after the discovery.
1412	(c)  Such reports shall be maintained on file in the
1413	Division of Elections and shall be available for public
1414	inspection. The division shall utilize the reports submitted by
1415	the canvassing boards to determine what problems may be likely
1416	to occur in other elections and disseminate such information,
1417	along with possible solutions, to the supervisors of elections.
1418	(10)(9)  The supervisor shall file with the department a
1419	copy of or an export file from the results database of the
1420	county's voting system and other statistical information as may
1421	be required by the department, the Legislature, or the Election
1422	Assistance Commission. The department shall adopt rules
1423	establishing the required content and acceptable formats for the
1424	filings and time for filings.
1425	Section 26.  Paragraph (b) of subsection (5) of section
1426	102.166, Florida Statutes, is amended to read:
1427	102.166  Manual recounts.--
1428	(5)  Procedures for a manual recount are as follows:
1429	(b)  Each duplicate ballot prepared pursuant to s.
1430	101.5614(5) or s. 102.141 (7)(6) shall be compared with the
1431	original ballot to ensure the correctness of the duplicate.
1432	Section 27.  Section 103.022, Florida Statutes, is amended
1433	to read:
1434	103.022  Write-in candidates for President and Vice
1435	President.--Persons seeking to qualify for election as write-in
1436	candidates for President and Vice President of the United States
1437	may have a blank space provided on the general election ballot
1438	for their names to be written in by filing an oath with the
1439	Department of State on or before September 1 at any time after
1440	the 57th day, but before noon of the 49th day, prior to the date
1441	of the primary election in the year in which a presidential
1442	election is held. The Department of State shall prescribe the
1443	form to be used in administering the oath. The candidates shall
1444	file with the department on or before September 1 in the year in
1445	which a presidential election is held a certificate naming the
1446	required number of persons to serve as electors. Such write-in
1447	candidates shall not be entitled to have their names on the
1448	ballot.
1449	Section 28.  Section 103.085, Florida Statutes, is created
1450	to read:
1451	103.085  Minor political parties.--Any group of citizens
1452	organized for the general purposes of electing to office
1453	qualified persons and determining public issues under the
1454	democratic processes of the United States may become a minor
1455	political party of this state by filing with the department a
1456	certificate showing the name of the organization, the names of
1457	its current officers, including the members of its executive
1458	committee, and a copy of its constitution or bylaws. It shall be
1459	the duty of the minor political party to notify the department
1460	of any changes in the filing certificate within 5 days of such
1461	changes. The Division of Elections may adopt rules to prescribe
1462	the manner in which a minor party's registration may be
1463	canceled. Such rules shall, at a minimum, provide for notice
1464	that shall contain the facts and conduct that warrant the
1465	intended action, including, but not limited to, failure to file
1466	reports required by s. 106.29.
1467	Section 29.  Subsection (4) of section 103.091, Florida
1468	Statutes, is amended to read:
1469	103.091  Political parties.--
1470	(4)  Any political party other than a minor political party
1471	may by rule provide for the membership of its state or county
1472	executive committee to be elected for 4-year terms at the
1473	primary election in each year a presidential election is held.
1474	The terms shall commence on the first day of the month following
1475	each presidential general election; but the names of candidates
1476	for political party offices shall not be placed on the ballot at
1477	any other election. The results of such election shall be
1478	determined by a plurality of the votes cast. In such event,
1479	electors seeking to qualify for such office shall do so with the
1480	Department of State or supervisor of elections not earlier than
1481	noon of the 71st 57th day, or later than noon of the 67th 53rd
1482	day, preceding the primary election. The outgoing chair of each
1483	county executive committee shall, within 30 days after the
1484	committee members take office, hold an organizational meeting of
1485	all newly elected members for the purpose of electing officers.
1486	The chair of each state executive committee shall, within 60
1487	days after the committee members take office, hold an
1488	organizational meeting of all newly elected members for the
1489	purpose of electing officers.
1490	Section 30.  Subsection (1) of section 105.031, Florida
1491	Statutes, is amended to read:
1492	105.031  Qualification; filing fee; candidate's oath; items
1493	required to be filed.--
1494	(1)  TIME OF QUALIFYING.--Except for candidates for
1495	judicial office, nonpartisan candidates for multicounty office
1496	shall qualify with the Division of Elections of the Department
1497	of State and nonpartisan candidates for countywide or less than
1498	countywide office shall qualify with the supervisor of
1499	elections. Candidates for judicial office other than the office
1500	of county court judge shall qualify with the Division of
1501	Elections of the Department of State, and candidates for the
1502	office of county court judge shall qualify with the supervisor
1503	of elections of the county. Candidates for judicial office shall
1504	qualify no earlier than noon of the 120th day, and no later than
1505	noon of the 116th day, before the primary election. Candidates
1506	for the office of school board member shall qualify no earlier
1507	than noon of the 71st 50th day, and no later than noon of the
1508	67th 46th day, before the primary election. Filing shall be on
1509	forms provided for that purpose by the Division of Elections and
1510	furnished by the appropriate qualifying officer. Any person
1511	seeking to qualify by the petition process, as set forth in s.
1512	105.035, who has submitted the necessary petitions by the
1513	required deadline and is notified after the fifth day prior to
1514	the last day for qualifying that the required number of
1515	signatures has been obtained, shall be entitled to subscribe to
1516	the candidate's oath and file the qualifying papers at any time
1517	within 5 days from the date he or she is notified that the
1518	necessary number of signatures has been obtained. Any person
1519	other than a write-in candidate who qualifies within the time
1520	prescribed in this subsection shall be entitled to have his or
1521	her name printed on the ballot.
1522	Section 31.  Subsection (1) of section 106.07, Florida
1523	Statutes, is amended to read:
1524	106.07  Reports; certification and filing.--
1525	(1)  Each campaign treasurer designated by a candidate or
1526	political committee pursuant to s. 106.021 shall file regular
1527	reports of all contributions received, and all expenditures
1528	made, by or on behalf of such candidate or political committee.
1529	Reports shall be filed on the 10th day following the end of each
1530	calendar quarter from the time the campaign treasurer is
1531	appointed, except that, if the 10th day following the end of a
1532	calendar quarter occurs on a Saturday, Sunday, or legal holiday,
1533	the report shall be filed on the next following day which is not
1534	a Saturday, Sunday, or legal holiday. Quarterly reports shall
1535	include all contributions received and expenditures made during
1536	the calendar quarter which have not otherwise been reported
1537	pursuant to this section.
1538	(a)  Except as provided in paragraph (b), Following the
1539	last day of qualifying for office, the reports shall also be
1540	filed on the 32nd, 18th, and 4th days immediately preceding the
1541	primary and on the 46th, 32nd, 18th, and 4th days immediately
1542	preceding the election, for a candidate who is opposed in
1543	seeking nomination or election to any office, for a political
1544	committee, or for a committee of continuous existence. Following
1545	the primary, reports shall also be filed on the 46th, 32nd,
1546	18th, and 4th days immediately preceding the general election
1547	for a candidate who is opposed in seeking election to any
1548	office, for a political committee, or for a committee of
1549	continuous existence.
1550	(b)  Following the last day of qualifying for office, In
1551	addition, any statewide candidate who has requested to receive
1552	contributions from the Election Campaign Financing Trust Fund or
1553	any statewide candidate in a race with a candidate who has
1554	requested to receive contributions from the trust fund shall
1555	file reports on the 4th, 11th, and 18th, 25th, and 32nd days
1556	prior to the primary election, and on the 4th, 11th, 18th, 25th,
1557	32nd, 39th, 46th, and 53rd days prior to the general election.
1558	(c)  Following the last day of qualifying for office, any
1559	unopposed candidate need only file a report within 90 days after
1560	the date such candidate became unopposed. Such report shall
1561	contain all previously unreported contributions and expenditures
1562	as required by this section and shall reflect disposition of
1563	funds as required by s. 106.141.
1564	(d)1.  When a special election is called to fill a vacancy
1565	in office, all political committees and committees of continuous
1566	existence making contributions or expenditures to influence the
1567	results of such special election shall file campaign treasurers'
1568	reports with the filing officer on the dates set by the
1569	Department of State pursuant to s. 100.111.
1570	2.  When an election is called for an issue to appear on
1571	the ballot at a time when no candidates are scheduled to appear
1572	on the ballot, all political committees making contributions or
1573	expenditures in support of or in opposition to such issue shall
1574	file reports on the 18th and 4th days prior to such election.
1575	(e)  The filing officer shall provide each candidate with a
1576	schedule designating the beginning and end of reporting periods
1577	as well as the corresponding designated due dates.
1578	Section 32.  Subsection (4) of section 106.35, Florida
1579	Statutes, is amended to read:
1580	106.35  Distribution of funds.--
1581	(4)  Distribution of funds shall be made beginning on the
1582	33rd day prior to the primary within 7 days after the close of
1583	qualifying and every 7 days thereafter.
1584	Section 33.  Paragraph (c) of subsection (2) and paragraph
1585	(b) of subsection (3) of section 189.405, Florida Statutes, are
1586	amended to read:
1587	189.405  Elections; general requirements and procedures;
1588	education programs.--
1589	(2)
1590	(c)  A candidate for a position on a governing board of a
1591	single-county special district that has its elections conducted
1592	by the supervisor of elections shall qualify for the office with
1593	the county supervisor of elections in whose jurisdiction the
1594	district is located. Elections for governing board members
1595	elected by registered electors shall be nonpartisan, except when
1596	partisan elections are specified by a district's charter.
1597	Candidates shall qualify as directed by chapter 99 by paying a
1598	filing fee equal to 3 percent of the salary or honorarium paid
1599	for the office, or a filing fee of $25, whichever is more.
1600	Alternatively, candidates may qualify by submitting a petition
1601	that contains the signatures of at least 3 percent of the
1602	district's registered electors, or any lesser amount of
1603	signatures directed by chapter 99, chapter 582, or other general
1604	or special law. No election or party assessment shall be levied
1605	if the election is nonpartisan. The qualifying fee shall be
1606	remitted to the general revenue fund of the qualifying officer
1607	to help defray the cost of the election. The petition form shall
1608	be submitted and checked in the same manner as those for
1609	nonpartisan judicial candidates pursuant to s. 105.035.
1610	(3)
1611	(b)  With the exception of those districts conducting
1612	elections on a one-acre/one-vote basis, qualifying for
1613	multicounty special district governing board positions shall be
1614	coordinated by the Department of State. Elections for governing
1615	board members elected by registered electors shall be
1616	nonpartisan, except when partisan elections are specified by a
1617	district's charter. Candidates shall qualify as directed by
1618	chapter 99 by paying a filing fee equal to 3 percent of the
1619	salary or honorarium paid for the office, or a filing fee of
1620	$25, whichever is more. Alternatively, candidates may qualify by
1621	submitting a petition that contains the signatures of at least 3
1622	percent of the district's registered electors, or any lesser
1623	amount of signatures directed by chapter 99, chapter 582, or
1624	other general or special law. No election or party assessment
1625	shall be levied if the election is nonpartisan. The qualifying
1626	fee shall be remitted to the Department of State. The petition
1627	form shall be submitted and checked in the same manner as those
1628	for nonpartisan judicial candidates pursuant to s. 105.035.
1629	Section 34.  Paragraph (a) of subsection (1) of section
1630	191.005, Florida Statutes, is amended to read:
1631	191.005  District boards of commissioners; membership,
1632	officers, meetings.--
1633	(1)(a)  With the exception of districts whose governing
1634	boards are appointed collectively by the Governor, the county
1635	commission, and any cooperating city within the county, the
1636	business affairs of each district shall be conducted and
1637	administered by a five-member board. All three-member boards
1638	existing on the effective date of this act shall be converted to
1639	five-member boards, except those permitted to continue as a
1640	three-member board by special act adopted in 1997 or thereafter.
1641	The board shall be elected in nonpartisan elections by the
1642	electors of the district. Except as provided in this act, such
1643	elections shall be held at the time and in the manner prescribed
1644	by law for holding general elections in accordance with s.
1645	189.405(2)(a) and (3), and each member shall be elected for a
1646	term of 4 years and serve until the member's successor assumes
1647	office. Candidates for the board of a district shall qualify as
1648	directed by chapter 99 with the county supervisor of elections
1649	in whose jurisdiction the district is located. If the district
1650	is a multicounty district, candidates shall qualify with the
1651	Department of State. All candidates may qualify by paying a
1652	filing fee of $25 or by obtaining the signatures of at least 25
1653	registered electors of the district on petition forms provided
1654	by the supervisor of elections which petitions shall be
1655	submitted and checked in the same manner as petitions filed by
1656	nonpartisan judicial candidates pursuant to s. 105.035.
1657	Notwithstanding s. 106.021, a candidate who does not collect
1658	contributions and whose only expense is the filing fee is not
1659	required to appoint a campaign treasurer or designate a primary
1660	campaign depository.
1661	Section 35.  Paragraph (a) of subsection (1) of section
1662	582.18, Florida Statutes, is amended to read:
1663	582.18  Election of supervisors of each district.--
1664	(1)  The election of supervisors for each soil and water
1665	conservation district shall be held every 2 years. The elections
1666	shall be held at the time of the general election provided for
1667	by s. 100.041. The office of the supervisor of a soil and water
1668	conservation district is a nonpartisan office, and candidates
1669	for such office are prohibited from campaigning or qualifying
1670	for election based on party affiliation.
1671	(a)  Each candidate for supervisor for such district shall
1672	qualify as directed by chapter 99 be nominated by nominating
1673	petition subscribed by 25 or more qualified electors of such
1674	district. Candidates shall obtain signatures on petition forms
1675	prescribed by the Department of State and furnished by the
1676	appropriate qualifying officer. In multicounty districts, the
1677	appropriate qualifying officer is the Secretary of State; in
1678	single-county districts, the appropriate qualifying officer is
1679	the supervisor of elections. Such forms may be obtained at any
1680	time after the first Tuesday after the first Monday in January
1681	preceding the election, but prior to the 21st day preceding the
1682	first day of the qualifying period for state office. Each
1683	petition shall be submitted, prior to noon of the 21st day
1684	preceding the first day of the qualifying period for state
1685	office, to the supervisor of elections of the county for which
1686	such petition was circulated. The supervisor of elections shall
1687	check the signatures on the petition to verify their status as
1688	electors in the district. Prior to the first date for
1689	qualifying, the supervisor of elections shall determine whether
1690	the required single-county signatures have been obtained; and
1691	she or he shall so notify the candidate. In the case of a
1692	multicounty candidate, the supervisor of elections shall check
1693	the signatures on petitions and shall, prior to the first date
1694	for qualifying for office, certify to the Department of State
1695	the number shown as registered electors of the district. The
1696	Department of State shall determine if the required number of
1697	signatures has been obtained for multicounty candidates and
1698	shall so notify the candidate. If the required number of
1699	signatures has been obtained for the name of the candidate to be
1700	placed on the ballot, the candidate shall, during the time
1701	prescribed for qualifying for office in s. 99.061, submit a copy
1702	of the notice to, and file her or his qualification papers with,
1703	the qualifying officer and take the oath prescribed in s.
1704	99.021.
1705	Section 36.  Subsection (1) of section 876.05, Florida
1706	Statutes, is amended to read:
1707	876.05  Public employees; oath.--
1708	(1)  All persons who now or hereafter are employed by or
1709	who now or hereafter are on the payroll of the state, or any of
1710	its departments and agencies, subdivisions, counties, cities,
1711	school boards and districts of the free public school system of
1712	the state or counties, or institutions of higher learning, and
1713	all candidates for public office, except candidates for federal
1714	office, are required to take an oath before any person duly
1715	authorized to take acknowledgments of instruments for public
1716	record in the state in the following form:
1717
1718	I, _____, a citizen of the State of Florida and of the
1719	United States of America, and being employed by or an officer of
1720	_____ and a recipient of public funds as such employee or
1721	officer, do hereby solemnly swear or affirm that I will support
1722	the Constitution of the United States and of the State of
1723	Florida.
1724	Section 37.  Section 104.29, Florida Statutes, is hereby
1725	repealed.
1726	Section 38.  This act shall take effect January 1, 2008,
1727	except the amendment to section 100.371, Florida Statutes, shall
1728	only apply to petitions that are approved for circulation after
1729	January 1, 2008.

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