HB 1201

1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	revising provisions relating to investigative duties of
4	the Secretary of State; amending s. 97.041, F.S.; revising
5	requirements for voter preregistration of minors; amending
6	s. 97.053, F.S.; revising provisions relating to
7	verification of certain information on voter registration
8	applications; amending s. 97.0535, F.S.; deleting certain
9	forms of identification for voter registration applicants;
10	amending s. 97.055, F.S.; providing for change of party
11	affiliation after the closing of the registration books;
12	amending s. 97.1031, F.S.; authorizing certain
13	modifications to party affiliation registration; amending
14	s. 98.065, F.S.; revising registration list maintenance
15	provisions; creating s. 98.0655, F.S.; requiring the
16	Department of State to prescribe registration list
17	maintenance forms; providing criteria; amending s. 98.075,
18	F.S.; authorizing removal of deceased persons' names from
19	registration records upon receipt of death certificates;
20	amending s. 99.012, F.S.; revising restrictions against
21	candidates qualifying for multiple public offices;
22	amending s. 99.021, F.S.; deleting a resignation statement
23	from the qualifying oath for candidates for federal
24	office; amending s. 99.063, F.S.; revising deadline for
25	gubernatorial candidates to designate running mates;
26	revising deadline for Lieutenant Governor candidates to
27	file certain information with the Department of State;
28	amending s. 99.097, F.S.; prohibiting the counting of
29	petitions listing an address other than the legal address
30	of registration; requiring the mailing of a new voter
31	registration application for an address update; amending
32	s. 100.221, F.S.; providing circumstances under which
33	early voting is not required; amending s. 100.361, F.S.;
34	revising provisions relating to the recall of municipal or
35	charter county officers, recall committees, recall
36	petitions, recall defense, and offenses related thereto;
37	amending s. 100.371, F.S.; deleting requirement that
38	petition-revocation forms be adopted by rule; providing a
39	process for submitting standard petition-revocation forms
40	in lieu of petition-revocation forms for a particular
41	petition that have not been submitted and approved;
42	deleting requirements that certain information be recorded
43	in the statewide voter registration system; amending s.
44	101.041, F.S.; deleting a requirement for the printing and
45	distribution of official ballots; amending s. 101.045,
46	F.S.; providing a method for changing party affiliation
47	registration; amending s. 101.111, F.S.; revising methods
48	by which a person's right to vote may be challenged;
49	amending s. 101.51, F.S.; deleting provisions specifying
50	certain responsibilities of election officials prior to
51	allowing electors to enter a booth or compartment to vote;
52	amending s. 101.56075, F.S.; authorizing persons to vote
53	on a voter interface device upon request; authorizing,
54	rather than requiring, persons with disabilities to vote
55	on a voter interface device by 2012 that meets certain
56	requirements; amending s. 101.5608, F.S.; revising certain
57	procedures relating to deposit of ballots; amending s.
58	101.5614, F.S.; conforming a cross-reference; amending s.
59	101.6102, F.S.; providing an exception for conducting
60	elections by mail ballot; amending s. 101.733, F.S.;
61	authorizing the Governor to call for mail ballot elections
62	under certain emergency circumstances; requiring the
63	department to adopt rules for such mail ballot elections;
64	revising notice requirements for elections rescheduled due
65	to an emergency; amending s. 102.014, F.S.; revising
66	provisions relating to the training of poll workers;
67	amending s. 102.031, F.S.; providing that exit polling is
68	not a form of solicitation; amending s. 102.112, F.S.;
69	revising duties of county canvassing boards; revising the
70	deadline for submitting county returns to the Department
71	of State; amending s. 102.141, F.S.; providing procedures
72	for canvassing boards to use when conducting recounts;
73	deleting certain canvassing board requirements for
74	reporting results; amending s. 102.166, F.S.; permitting
75	candidates, certain political committees, and certain
76	political parties to request manual recounts by a
77	specified time; requiring manual recounts of votes cast
78	upon timely receipt of requests by appropriate parties;
79	deleting certain provisions relating to recount of
80	overvotes, undervotes, and provisional ballots; providing
81	circumstances under which canvassing boards are not
82	required to conduct manual audits; requiring canvassing
83	boards to track ballots under certain circumstances;
84	providing criteria for determining when ballots are deemed
85	not properly completed; providing for canvassing boards to
86	use certain information for statutory reports; amending s.
87	103.101, F.S.; deleting provisions relating to requests
88	for placement of candidates' names on presidential
89	preference primary ballots; amending s. 190.006, F.S.;
90	deleting certain fee requirements for candidates seeking
91	election to the board of supervisors of community
92	development districts; providing effective dates.
93
94	Be It Enacted by the Legislature of the State of Florida:
95
96	Section 1.  Subsection (15) of section 97.012, Florida
97	Statutes, is amended to read:
98	97.012  Secretary of State as chief election officer.--The
99	Secretary of State is the chief election officer of the state,
100	and it is his or her responsibility to:
101	(15)  Conduct preliminary investigations into any
102	irregularities or fraud involving voter registration, voting, or
103	candidate petition, or issue petition activities and report his
104	or her findings to the statewide prosecutor or the state
105	attorney for the judicial circuit in which the alleged violation
106	occurred for prosecution, if warranted. The Department of State
107	may prescribe by rule requirements for filing an elections-fraud
108	complaint and for investigating any such complaint.
109	Section 2.  Paragraph (b) of subsection (1) of section
110	97.041, Florida Statutes, is amended to read:
111	97.041  Qualifications to register or vote.--
112	(1)
113	(b)  A person who is otherwise qualified may preregister on
114	or after that person's 16th 17th birthday or receipt of a valid
115	Florida driver's license, whichever occurs earlier, and may vote
116	in any election occurring on or after that person's 18th
117	birthday.
118	Section 3.  Subsection (6) of section 97.053, Florida
119	Statutes, is amended to read:
120	97.053  Acceptance of voter registration applications.--
121	(6)  A voter registration application may be accepted as
122	valid only after the department has verified the authenticity or
123	nonexistence of the driver's license number, the Florida
124	identification card number, or the last four digits of the
125	social security number provided by the applicant. If a completed
126	voter registration application has been received by the book-
127	closing deadline but the driver's license number, the Florida
128	identification card number, or the last four digits of the
129	social security number provided by the applicant cannot be
130	verified, the applicant shall be notified that the number cannot
131	be verified application is incomplete and that the applicant
132	voter must provide evidence to the supervisor sufficient to
133	verify the authenticity of the number provided on the
134	application. If the applicant voter provides the necessary
135	evidence, the supervisor shall place the applicant's voter's
136	name on the registration rolls as an active voter. If the
137	applicant voter has not provided the necessary evidence or the
138	number has not otherwise been verified prior to the applicant
139	presenting himself or herself to vote, the applicant shall be
140	provided a provisional ballot. The provisional ballot shall be
141	counted only if the driver's license number, Florida
142	identification card number, or last four digits of the social
143	security number provided on the application are is verified by
144	the end of the canvassing period or if the applicant presents
145	evidence to the supervisor of elections sufficient to verify the
146	authenticity of the driver's license number, Florida
147	identification card number, or last four digits of the social
148	security number provided on the application no later than 5 p.m.
149	of the second day following the election.
150	Section 4.  Paragraph (a) of subsection (3) of section
151	97.0535, Florida Statutes, is amended to read:
152	97.0535  Special requirements for certain applicants.--
153	(3)(a)  The following forms of identification shall be
154	considered current and valid if they contain the name and
155	photograph of the applicant and have not expired:
156	1.  United States passport.
157	2.  Employee badge or identification.
158	3.  Buyer's club identification.
159	2.4.  Debit or credit card.
160	3.5.  Military identification.
161	4.6.  Student identification.
162	5.7.  Retirement center identification.
163	6.8.  Neighborhood association identification.
164	7.9.  Public assistance identification.
165	Section 5.  Subsection (1) of section 97.055, Florida
166	Statutes, is amended to read:
167	97.055  Registration books; when closed for an election.--
168	(1)(a)  The registration books must be closed on the 29th
169	day before each election and must remain closed until after that
170	election. If an election is called and there are fewer than 29
171	days before that election, the registration books must be closed
172	immediately.
173	(b)  When the registration books are closed for an
174	election, updates to a voter's name, address, and signature, and
175	party affiliation made pursuant to ss. 97.1031, 98.077, and
176	101.045 shall be the only changes permitted for purposes of the
177	upcoming election. New voter registration applications and other
178	party changes must be accepted but only for the purpose of
179	subsequent elections.
180	Section 6.  Section 97.1031, Florida Statutes, is amended
181	to read:
182	97.1031  Notice of change of residence, change of name, or
183	change of party affiliation.--
184	(1)  When an elector moves from the address named on that
185	person's voter registration record to another address within the
186	same county, the elector must provide notification of such move
187	to the supervisor of elections of that county. The elector may
188	provide the supervisor a signed, written notice or may notify
189	the supervisor by telephone or electronic means. However,
190	notification of such move other than by signed, written notice
191	must include the elector's date of birth. An elector may also
192	provide notification to other voter registration officials as
193	provided in subsection (2). A voter information card reflecting
194	the new information shall be issued to the elector as provided
195	in subsection (4) (3).
196	(2)  When an elector moves from the address named on that
197	person's voter registration record to another address in a
198	different county but within the state, the elector seeks to
199	change party affiliation, or the name of an elector is changed
200	by marriage or other legal process, the elector shall provide
201	notice of such change to a voter registration official using a
202	voter registration application signed by the elector. A voter
203	information card reflecting the new information shall be issued
204	to the elector as provided in subsection (4) (3).
205	(3)  An elector may submit a change or update to his or her
206	party affiliation on record in the statewide voter registration
207	system at any time using a voter registration application. When
208	the registration books are closed for an upcoming election other
209	than a general election, a change or update to a party
210	affiliation on record shall be accepted, but only for the
211	purpose of subsequent elections. For purposes of an upcoming
212	general election, a change or update to a voter's party
213	affiliation may still be made after the registration books are
214	closed for that election.
215	(4)(3)  The voter registration official shall make the
216	necessary changes in the elector's records as soon as practical
217	upon receipt of such notice of a change of address of legal
218	residence, name, or party affiliation. The supervisor of
219	elections shall issue the new voter information card.
220	Section 7.  Subsection (4) of section 98.065, Florida
221	Statutes, is amended to read:
222	98.065  Registration list maintenance programs.--
223	(4)(a)  If the supervisor receives change-of-address
224	information pursuant to the activities conducted in subsection
225	(2), from jury notices signed by the voter and returned to the
226	courts, from the Department of Highway Safety and Motor
227	Vehicles, or from other sources, which information indicates
228	that the legal address of a registered voter's legal residence
229	voter might have changed to another location within the state,
230	the supervisor shall change the registration records to show the
231	new address and shall send by forwardable return-if-
232	undeliverable mail an address change confirmation notice to the
233	voter as provided in s. 98.0655(2) to the address at which the
234	voter was last registered. A supervisor may also send an address
235	confirmation notice to any voter who the supervisor has reason
236	to believe has moved from his or her legal residence.
237	(b)  If the supervisor receives change-of-address
238	information pursuant to the activities conducted in subsection
239	(2), from jury notices signed by the voter and returned to the
240	courts or from other sources, which indicates that a registered
241	voter's legal residence might have changed to a location outside
242	the state, the supervisor shall send an address confirmation
243	final notice to the voter as provided in s. 98.0655(3). The
244	address confirmation notice shall contain a postage prepaid,
245	preaddressed return form on which:
246	1.  If the voter has changed his or her address of legal
247	residence to a location outside the state, the voter shall mark
248	that the voter's legal residence has changed to a location
249	outside the state. The form shall also include information on
250	how to register in the new state in order to be eligible to
251	vote. The form must be returned within 30 days after the date of
252	the notice. The completed form shall constitute a request to be
253	removed from the statewide voter registration system.
254	2.  If the voter has changed his or her address of legal
255	residence to a location inside the state, the voter shall set
256	forth the updated or corrected address and submit the return
257	form within 30 days after the date of the notice. The completed
258	form shall constitute a request to update the statewide voter
259	registration system with the updated or corrected address
260	information.
261	3.  If the voter has not changed his or her address of
262	legal residence as printed on the address confirmation notice,
263	the voter shall confirm that his or her address of legal
264	residence has not changed and submit the form within 30 days
265	after the date of the notice.
266	(c)  The supervisor must designate as inactive all voters
267	who have been sent an address confirmation final notice and who
268	have not returned the postage prepaid, preaddressed return form
269	within 30 days or for which the an address confirmation notice
270	has been returned as undeliverable. Names on the inactive list
271	may not be used to calculate the number of signatures needed on
272	any petition. A voter on the inactive list may be restored to
273	the active list of voters upon the voter updating his or her
274	registration, requesting an absentee ballot, or appearing to
275	vote. However, if the voter does not update his or her voter
276	registration information, request an absentee ballot, or vote by
277	the second general election after being placed on the inactive
278	list, the voter's name shall be removed from the statewide voter
279	registration system and the voter shall be required to
280	reregister to have his or her name restored to the statewide
281	voter registration system.
282	Section 8.  Section 98.0655, Florida Statutes, is created
283	to read:
284	98.0655  Registration list maintenance forms.--The
285	department shall prescribe registration list maintenance forms
286	to be used by the supervisors which must include:
287	(1)  An address confirmation request that includes:
288	(a)  The voter's name and address of legal residence as
289	shown on the voter registration record.
290	(b)  A request that the supervisor be informed if either
291	the name or address of legal residence of the voter is
292	incorrect.
293	(2)  An address change notice, which must be sent by
294	forwardable mail and must include a postage prepaid,
295	preaddressed return form with which the voter may verify or
296	correct the voter's address information.
297	(3)  An address confirmation final notice, which must be
298	sent by forwardable mail and must include a postage prepaid,
299	preaddressed return form and a statement that:
300	(a)  If the voter has not changed legal residence or has
301	changed legal residence within the state, the voter should
302	return the return form with any necessary changes within 30 days
303	after the date of notice.
304	(b)  If the voter has changed legal residence to a location
305	outside the state, the voter should return the return form,
306	which shall serve as a request to be removed from the
307	registration books, and the voter will be provided with
308	information on how to register in the new jurisdiction in order
309	to be eligible to vote.
310	(c)  If the return form is not returned, or if the voter
311	does not update his or her registration information, vote, or
312	request an absentee ballot by the second general election
313	thereafter, the voter's name will be removed from the statewide
314	voter registration system and the voter will be required to
315	reregister to have his or her name restored to the statewide
316	voter registration system.
317	Section 9.  Subsection (3) of section 98.075, Florida
318	Statutes, is amended to read:
319	98.075  Registration records maintenance activities;
320	ineligibility determinations.--
321	(3)  DECEASED PERSONS.--The department shall identify those
322	registered voters who are deceased by comparing information on
323	the lists of deceased persons received from the Department of
324	Health as provided in s. 98.093. Upon receipt of such
325	information through the statewide voter registration system, the
326	supervisor shall remove the name of the registered voter.
327	Additionally, the supervisor shall remove the name of a deceased
328	registered voter from the statewide voter registration system
329	upon receipt of a copy of a death certificate issued by a
330	governmental agency authorized to issue death certificates.
331	Section 10.  Section 99.012, Florida Statutes, is amended
332	to read:
333	99.012  Restrictions on individuals qualifying for public
334	office.--
335	(1)  As used in this section:
336	(a)  "Officer" means a person, whether elected or
337	appointed, who has the authority to exercise the sovereign power
338	of the state pertaining to an office recognized under the State
339	Constitution or laws of the state. With respect to a
340	municipality, the term "officer" means a person, whether elected
341	or appointed, who has the authority to exercise municipal power
342	as provided by the State Constitution, state laws, or municipal
343	charter.
344	(b)  "Subordinate officer" means a person who has been
345	delegated the authority to exercise the sovereign power of the
346	state by an officer. With respect to a municipality, subordinate
347	officer means a person who has been delegated the authority to
348	exercise municipal power by an officer.
349	(2)  No person may qualify as a candidate for more than one
350	public office, whether federal, state, district, county, or
351	municipal, if the terms or any part thereof run concurrently
352	with each other.
353	(3)(a)  No officer may qualify as a candidate for another
354	public office, whether state, district, county, or municipal
355	public office, if the terms or any part thereof run concurrently
356	with each other, without resigning from the office he or she
357	presently holds.
358	(b)  The resignation is irrevocable.
359	(c)  The written resignation must be submitted at least 10
360	days prior to the first day of qualifying for the office he or
361	she intends to seek.
362	(d)  The resignation must be effective no later than the
363	earlier of the following dates:
364	1.  The date the officer would take office, if elected; or
365	2.  The date the officer's successor is required to take
366	office.
367	(e)1.  An elected district, county, or municipal officer
368	must submit his or her resignation to the officer before whom he
369	or she qualified for the office he or she holds, with a copy to
370	the Governor and the Department of State.
371	2.  An appointed district, county, or municipal officer
372	must submit his or her resignation to the officer or authority
373	which appointed him or her to the office he or she holds, with a
374	copy to the Governor and the Department of State.
375	3.  All other officers must submit their resignations to
376	the Governor with a copy to the Department of State.
377	(f)1.  With regard to an elective office, the resignation
378	creates a vacancy in office to be filled by election. Persons
379	may qualify as candidates for nomination and election as if the
380	public officer's term were otherwise scheduled to expire.
381	2.  With regard to an elective charter county office or
382	elective municipal office, the vacancy created by the officer's
383	resignation may be filled for that portion of the officer's
384	unexpired term in a manner provided by the respective charter.
385	The office is deemed vacant upon the effective date of the
386	resignation submitted by the official in his or her letter of
387	resignation.
388	(g)  Any officer who submits his or her resignation,
389	effective immediately or effective on a date prior to the date
390	of his or her qualifying for office, may then qualify for office
391	as a nonofficeholder, and the provisions of this subsection do
392	not apply.
393	(4)  A person who is a subordinate officer, deputy sheriff,
394	or police officer must resign effective upon qualifying pursuant
395	to this chapter if the person is seeking to qualify for a public
396	office that is currently held by an officer who has authority to
397	appoint, employ, promote, or otherwise supervise that person and
398	who has qualified as a candidate for reelection to that office.
399	(5)  The name of any person who does not comply with this
400	section may be removed from every ballot on which it appears
401	when ordered by a circuit court upon the petition of an elector
402	or the Department of State.
403	(6)  This section does not apply to:
404	(a)  Political party offices.
405	(b)  Persons serving without salary as members of an
406	appointive board or authority.
407	(c)  Persons seeking any federal public office.
408	(7)  Nothing contained in subsection subsections (3) and
409	(4) relates to persons holding any federal office.
410	Section 11.  Paragraph (a) of subsection (1) of section
411	99.021, Florida Statutes, is amended to read:
412	99.021  Form of candidate oath.--
413	(1)(a)1.  Each candidate, whether a party candidate, a
414	candidate with no party affiliation, or a write-in candidate, in
415	order to qualify for nomination or election to any office other
416	than a judicial office as defined in chapter 105 or a federal
417	office, shall take and subscribe to an oath or affirmation in
418	writing. A printed copy of the oath or affirmation shall be
419	furnished to the candidate by the officer before whom such
420	candidate seeks to qualify and shall be substantially in the
421	following form:
422
423	State of Florida
424	County of_____
425	Before me, an officer authorized to administer oaths,
426	personally appeared   (please print name as you wish it to
427	appear on the ballot)  , to me well known, who, being sworn,
428	says that he or she is a candidate for the office of _____; that
429	he or she is a qualified elector of _____ County, Florida; that
430	he or she is qualified under the Constitution and the laws of
431	Florida to hold the office to which he or she desires to be
432	nominated or elected; that he or she has taken the oath required
433	by ss. 876.05-876.10, Florida Statutes; that he or she has
434	qualified for no other public office in the state, the term of
435	which office or any part thereof runs concurrent with that of
436	the office he or she seeks; and that he or she has resigned from
437	any office from which he or she is required to resign pursuant
438	to s. 99.012, Florida Statutes.
439	(Signature of candidate)
440	(Address)
441
442	Sworn to and subscribed before me this _____ day of _____,
443	(year)  , at _____ County, Florida.
444	(Signature and title of officer administering oath)
445
446	2.  Each candidate for federal office, whether a party
447	candidate, a candidate with no party affiliation, or a write-in
448	candidate, in order to qualify for nomination or election to
449	office shall take and subscribe to an oath or affirmation in
450	writing. A printed copy of the oath or affirmation shall be
451	furnished to the candidate by the officer before whom such
452	candidate seeks to qualify and shall be substantially in the
453	following form:
454
455	State of Florida
456	County of _____
457	Before me, an officer authorized to administer oaths,
458	personally appeared   (please print name as you wish it to
459	appear on the ballot)  , to me well known, who, being sworn,
460	says that he or she is a candidate for the office of _____; that
461	he or she is qualified under the Constitution and laws of the
462	United States to hold the office to which he or she desires to
463	be nominated or elected; and that he or she has qualified for no
464	other public office in the state, the term of which office or
465	any part thereof runs concurrent with that of the office he or
466	she seeks; and that he or she has resigned from any office from
467	which he or she is required to resign pursuant to s. 99.012,
468	Florida Statutes.
469	(Signature of candidate)
470	(Address)
471
472	Sworn to and subscribed before me this _____ day of _____,
473	(year)  , at _____ County, Florida.
474	(Signature and title of officer administering oath)
475	Section 12.  Subsections (1) and (2) of section 99.063,
476	Florida Statutes, are amended to read:
477	99.063  Candidates for Governor and Lieutenant Governor.--
478	(1)  No later than 5 p.m. of the 10th 9th day following the
479	primary election, each candidate for Governor shall designate a
480	Lieutenant Governor as a running mate. Such designation must be
481	made in writing to the Department of State.
482	(2)  No later than 5 p.m. of the 10th 9th day following the
483	primary election, each designated candidate for Lieutenant
484	Governor shall file with the Department of State:
485	(a)  The candidate's oath required by s. 99.021, which must
486	contain the name of the candidate as it is to appear on the
487	ballot; the office sought; and the signature of the candidate,
488	duly acknowledged.
489	(b)  The loyalty oath required by s. 876.05, signed by the
490	candidate and duly acknowledged.
491	(c)  If the office sought is partisan, the written
492	statement of political party affiliation required by s.
493	99.021(1)(b).
494	(d)  The full and public disclosure of financial interests
495	pursuant to s. 8, Art. II of the State Constitution. A public
496	officer who has filed the full and public disclosure with the
497	Commission on Ethics prior to qualifying for office may file a
498	copy of that disclosure at the time of qualifying.
499	Section 13.  Paragraph (b) of subsection (3) of section
500	99.097, Florida Statutes, is amended to read:
501	99.097  Verification of signatures on petitions.--
502	(3)
503	(b)  If a voter signs a petition and lists an address other
504	than the legal residence where the voter is registered, the
505	petition shall not be counted. The supervisor shall mail to the
506	voter a new voter registration application on which the voter
507	may submit an address update, along with the reason the new
508	application is being sent treat the signature as if the voter
509	had listed the address where the voter is registered.
510	Section 14.  Section 100.221, Florida Statutes, is amended
511	to read:
512	100.221  General election laws to govern bond
513	referenda.--The laws governing the holding of general elections
514	are applicable to bond referenda, except as provided in ss.
515	100.201-100.351. A county, district, or municipality is not
516	required to offer early voting for a bond referendum not held in
517	conjunction with a county or state election. The places for
518	voting in a bond referendum shall be the same as the places for
519	voting in general elections, when a bond referendum is held in
520	the county or district; but when a bond referendum is held in a
521	municipality, the polling places shall be the same as in other
522	municipal elections.
523	Section 15.  Section 100.361, Florida Statutes, is amended
524	to read:
525	100.361  Municipal recall.--
526	(1)  APPLICATION; DEFINITION RECALL PETITION.--Any member
527	of the governing body of a municipality or charter county,
528	hereinafter referred to in this section as "municipality," may
529	be removed from office by the electors of the municipality. When
530	the official represents a district and is elected only by
531	electors residing in that district, only electors from that
532	district are eligible to sign the petition to recall that
533	official and are entitled to vote in the recall election. When
534	the official represents a district and is elected at-large by
535	the electors of the municipality, all electors of the
536	municipality are eligible to sign the petition to recall that
537	official and are entitled to vote in the recall election. Where
538	used in this section, the term "district" shall be construed to
539	mean the area or region of a municipality from which a member of
540	the governing body is elected by the electors from such area or
541	region. Members may be removed from office pursuant to by the
542	procedures provided in this section. This method of removing
543	members of the governing body of a municipality is in addition
544	to such other methods now or hereafter provided by general law.
545	(2)  RECALL PETITION.--following procedure:
546	(a)  Petition content.--A petition shall contain the name
547	of be prepared naming the person sought to be recalled and
548	containing a statement of grounds for recall. The statement of
549	grounds may not exceed in not more than 200 words, and the
550	stated grounds are limited solely to those the grounds specified
551	in paragraph (d)(b). If more than one member of the governing
552	body is sought to be recalled, whether such member is elected by
553	the electors of a district or by the electors of the
554	municipality at-large, a separate recall petition shall be
555	prepared for each member sought to be recalled. Upon request,
556	the content of a petition should be, but is not required to be,
557	provided by the proponent in alternative formats.
558	(b)  Requisite signatures.--
559	1.  In a municipality or district of fewer than 500
560	electors, the petition shall be signed by at least 50 electors
561	or by 10 percent of the total number of registered electors of
562	the municipality or district as of the preceding municipal
563	election, whichever is greater.
564	2.  In a municipality or district of 500 or more but fewer
565	than 2,000 registered electors, the petition shall be signed by
566	at least 100 electors or by 10 percent of the total number of
567	registered electors of the municipality or district as of the
568	preceding municipal election, whichever is greater.
569	3.  In a municipality or district of 2,000 or more but
570	fewer than 5,000 registered electors, the petition shall be
571	signed by at least 250 electors or by 10 percent of the total
572	number of registered electors of the municipality or district as
573	of the preceding municipal election, whichever is greater.
574	4.  In a municipality or district of 5,000 or more but
575	fewer than 10,000 registered electors, the petition shall be
576	signed by at least 500 electors or by 10 percent of the total
577	number of registered electors of the municipality or district as
578	of the preceding municipal election, whichever is greater.
579	5.  In a municipality or district of 10,000 or more but
580	fewer than 25,000 registered electors, the petition shall be
581	signed by at least 1,000 electors or by 10 percent of the total
582	number of registered electors of the municipality or district as
583	of the preceding municipal election, whichever is greater.
584	6.  In a municipality or district of 25,000 or more
585	registered electors, the petition shall be signed by at least
586	1,000 electors or by 5 percent of the total number of registered
587	electors of the municipality or district as of the preceding
588	municipal election, whichever is greater.
589
590	Electors of the municipality or district making charges
591	contained in the statement of grounds for recall and those
592	signing the recall petition shall be designated as the
593	"committee." A specific person shall be designated in the
594	petition as chair of the committee to act for the committee.
595	Electors of the municipality or district are eligible to sign
596	the petition. Signatures and oaths of witnesses shall be
597	executed as provided in paragraph (c). All signatures shall be
598	obtained, as provided in paragraph (e), within a period of 30
599	days, and all signed and dated the petition forms shall be filed
600	at the same time no later than within 30 days after the date the
601	first signature is obtained on the petition.
602	(c)  Recall committee.--Electors of the municipality or
603	district making charges contained in the statement of grounds
604	for recall and those signing the recall petition shall be
605	designated as the "committee." A specific person shall be
606	designated in the petition as chair of the committee to act for
607	the committee. The recall committee and the officer being
608	recalled are subject to chapter 106.
609	(d)(b)  Grounds for recall.--The grounds for removal of
610	elected municipal officials shall, for the purposes of this
611	section act, be limited to the following and must be contained
612	in the petition:
613	1.  Malfeasance;
614	2.  Misfeasance;
615	3.  Neglect of duty;
616	4.  Drunkenness;
617	5.  Incompetence;
618	6.  Permanent inability to perform official duties; and
619	7.  Conviction of a felony involving moral turpitude.
620	(e)(c)  Signature process.--Only electors of the
621	municipality or district are eligible to sign the petition. Each
622	elector of the municipality signing a petition shall sign his or
623	her name in ink or indelible pencil as registered in the office
624	of the supervisor of elections and shall state on the petition
625	his or her place of residence and voting precinct. Each petition
626	shall contain appropriate lines for the signature, printed name,
627	and street address of the elector and an oath, to be executed by
628	a witness thereof, verifying the fact that the witness saw each
629	person sign the counterpart of the petition, that each signature
630	appearing thereon is the genuine signature of the person it
631	purports to be, and that the petition was signed in the presence
632	of the witness on the date indicated.
633	(f)(d)  Filing of signed petitions.--All signed The
634	petition forms shall be filed at the same time no later than 30
635	days after the date the first signature is obtained on the
636	petition. with the auditor or clerk of the municipality or
637	charter county, or his or her equivalent, hereinafter referred
638	to as clerk, by The person designated as chair of the committee,
639	shall file the signed petition forms with the auditor or clerk
640	of the municipality or charter county, or his or her equivalent,
641	hereinafter referred to as clerk. The petition cannot be amended
642	after it is filed with the clerk.
643	(g)  Verification of signatures.--
644	1.  Immediately after the filing of and, when the petition
645	forms is filed, the clerk shall submit such forms petition to
646	the county supervisor of elections. No more than 30 days after
647	the date all petition forms are submitted to the supervisor by
648	the clerk, the supervisor who shall promptly verify the
649	signatures in accordance with s. 99.097 and, within a period of
650	not more than 30 days after the petition is filed with the
651	supervisor, determine whether the requisite number of valid
652	signatures was obtained for the petition contains the required
653	valid signatures. The committee seeking verification of the
654	signatures shall pay in advance to the supervisor the sum of 10
655	cents for each signature checked or the actual cost of checking
656	such signature, whichever is less.
657	2.  The petition cannot be amended after it is filed with
658	the clerk. The supervisor shall be paid by the persons or
659	committee seeking verification the sum of 10 cents for each name
660	checked. Upon filing with the clerk, the petition and all
661	subsequent papers or forms required or permitted to be filed
662	with the clerk in connection with this section must, upon
663	request, be made available in alternative formats by the clerk.
664	3.(e)  If the supervisor determines it is determined that
665	the requisite number of petition does not contain the required
666	signatures was not obtained, the clerk shall, upon receipt of
667	such determination in writing, so certify to the governing body
668	of the municipality or charter county and file the petition
669	without taking further action, and the matter shall be at an
670	end. No additional names may be added to the petition, and the
671	petition shall not be used in any other proceeding.
672	4.(f)  If it is determined that the petition has the
673	requisite number of verified and valid required signatures, then
674	the process in subsection (3) shall be followed.
675	(3)  RECALL PETITION AND DEFENSE.--
676	(a)  Notice.--Upon receipt of a written determination that
677	the requisite number of signatures was obtained, the clerk shall
678	at once serve upon the person sought to be recalled a certified
679	copy of the petition. Within 5 days after service, the person
680	sought to be recalled may file with the clerk a defensive
681	statement of not more than 200 words.
682	(b)  Content and preparation.--Within 5 days after the date
683	of receipt of the defensive statement or after the last day a
684	defensive statement could have been filed, the clerk shall,
685	within 5 days, prepare a document entitled "Recall Petition and
686	Defense." The "Recall Petition and Defense" shall consist
687	sufficient number of typewritten, printed, or mimeographed
688	copies of the recall petition, including the names, addresses,
689	and oaths on the original petition form; the and defensive
690	statement, or if no defensive statement was filed, a statement
691	to that effect; lines and spaces for the registered electors'
692	signatures, places of residence, election precinct numbers, and
693	dates of signing; and lines and spaces for signatures of
694	witnesses to oaths which conform to the provisions of paragraph
695	(2)(e). The clerk shall make copies of the "Recall Petition and
696	Defense" sufficient to carry the signatures of 30 percent of the
697	registered electors. Upon preparing and making sufficient copies
698	of the "Recall Petition and Defense," the clerk shall as well as
699	the names, addresses, and oaths on the original petition, and
700	deliver the copies them to the person who has been designated as
701	chair of the committee and take his or her receipt therefor.
702	Such prepared copies shall be entitled "Recall Petition and
703	Defense" and shall contain lines and spaces for signatures and
704	printed names of registered electors, place of residence,
705	election precinct number, and date of signing, together with
706	oaths to be executed by the witnesses which conform to the
707	provisions of paragraph (c). The clerk shall deliver forms
708	sufficient to carry the signatures of 30 percent of the
709	registered electors.
710	(c)(g)  Requisite signatures.--Upon receipt of the "Recall
711	Petition and Defense," the committee may circulate them to
712	obtain the signatures of 15 percent of the electors. All
713	signatures shall be obtained and all signed petition forms filed
714	with the clerk no later than 60 days after delivery of the
715	"Recall Petition and Defense" to the chair of the committee. Any
716	elector who signs a recall petition shall have the right to
717	demand in writing that his or her name be stricken from the
718	petition. A written demand signed by the elector shall be filed
719	with the clerk and upon receipt of the demand the clerk shall
720	strike the name of the elector from the petition and place his
721	or her initials to the side of the signature stricken. However,
722	no signature may be stricken after the clerk has delivered the
723	"Recall Petition and Defense" to the supervisor of elections for
724	verification.
725	(d)(h)  Signed petitions; request for striking
726	name.--Within 60 days after delivery of the "Recall Petition and
727	Defense" to the chair, the chair shall file with the clerk the
728	"Recall Petition and Defense" which bears the signatures of
729	electors. The clerk shall assemble all signed petitions, check
730	to see that each petition is properly verified by the oath of a
731	witness, and submit such petitions to the county supervisor of
732	elections. Any elector who signs a recall petition shall have
733	the right to demand in writing that his or her name be stricken
734	from the petition. A written demand signed by the elector shall
735	be filed with the clerk, and, upon receipt of the demand, the
736	clerk shall strike the name of the elector from the petition and
737	place his or her initials to the side of the signature stricken.
738	However, no signature may be stricken after the clerk has
739	delivered the "Recall Petition and Defense" to the supervisor
740	for verification of the signatures.
741	(e)  Verification of signatures.--Within 30 days of receipt
742	of the signed "Recall Petition and Defense," the supervisor, who
743	shall determine the number of valid signatures, purge the names
744	withdrawn, and certify within 30 days whether 15 percent of the
745	qualified electors of the municipality have signed the
746	petitions, and report his or her findings to the governing body.
747	The supervisor shall be paid by the persons or committee seeking
748	verification the sum of 10 cents for each name checked.
749	(f)(i)  Reporting.--If the supervisor determines that the
750	requisite number of petitions do not contain the required
751	signatures was not obtained, the clerk shall, upon receipt of
752	such determination in writing, so certify report such fact to
753	the governing body and retain file the petitions., The
754	proceedings shall be terminated, and the petitions shall not
755	again be used. If the supervisor determines that signatures do
756	amount to at least 15 percent of the qualified electors signed
757	the petition, the clerk shall, upon receipt of such
758	determination in writing, serve notice of that determination
759	fact upon the person sought to be recalled and deliver to the
760	governing body a certificate as to the percentage of qualified
761	electors voters who signed.
762	(4)(2)  RECALL ELECTION.--If the person designated in the
763	petition files with the clerk, within 5 days after the last-
764	mentioned notice, his or her written resignation, the clerk
765	shall at once notify the governing body of that fact, and the
766	resignation shall be irrevocable. The governing body shall then
767	proceed to fill the vacancy according to the provisions of the
768	appropriate law. In the absence of a resignation, the chief
769	judge of the judicial circuit in which the municipality is
770	located shall fix a day for holding a recall election for the
771	removal of those not resigning. Any such election shall be held
772	not less than 30 days or more than 60 days after the expiration
773	of the 5-day period last-mentioned and at the same time as any
774	other general or special election held within the period; but if
775	no such election is to be held within that period, the judge
776	shall call a special recall election to be held within the
777	period aforesaid.
778	(5)(3)  BALLOTS.--The ballots at the recall election shall
779	conform to the following: With respect to each person whose
780	removal is sought, the question shall be submitted: "Shall _____
781	be removed from the office of _____ by recall?" Immediately
782	following each question there shall be printed on the ballots
783	the two propositions in the order here set forth:
784	"  (name of person)   should be removed from office."
785	"  (name of person)   should not be removed from office."
786	(6)(4)  FILLING OF VACANCIES; SPECIAL ELECTIONS.--
787	(a)  If an election is held for the recall of members
788	elected only at-large, candidates to succeed them for the
789	unexpired terms shall be voted upon at the same election and
790	shall be elected in the same manner as provided by the
791	appropriate law for the election of candidates at general
792	elections. Candidates shall not be elected to succeed any
793	particular member. If only one member is removed, the candidate
794	receiving the highest number of votes shall be declared elected
795	to fill the vacancy. If more than one member is removed,
796	candidates equal in number to the number of members removed
797	shall be declared elected to fill the vacancies; and, among the
798	successful candidates, those receiving the greatest number of
799	votes shall be declared elected for the longest terms. Cases of
800	ties, and all other matters not herein specially provided for,
801	shall be determined by the rules governing elections generally.
802	(b)  If an election is held for the recall of members
803	elected only from districts, candidates to succeed them for the
804	unexpired terms shall be voted upon at a special election called
805	by the chief judge of the judicial circuit in which the
806	districts are located not less than 30 days or more than 60 days
807	after the expiration of the recall election. The qualifying
808	period, for purposes of this section, shall be established by
809	the chief judge of the judicial circuit after consultation with
810	the clerk. Any candidate seeking election to fill the unexpired
811	term of a recalled district municipal official shall reside in
812	the district represented by the recalled official and qualify
813	for office in the manner required by law. Each candidate
814	receiving the highest number of votes for each office in the
815	special district recall election shall be declared elected to
816	fill the unexpired term of the recalled official. Candidates
817	seeking election to fill a vacancy created by the removal of a
818	municipal official shall be subject to the provisions of chapter
819	106.
820	(c)  When an election is held for the recall of members of
821	the governing body composed of both members elected at-large and
822	from districts, candidates to succeed them for the unexpired
823	terms shall be voted upon at a special election as provided in
824	paragraph (b).
825	(d)  However, in any recall election held pursuant to
826	paragraph (b) or paragraph (c), if only one member is voted to
827	be removed from office, the vacancy created by the recall shall
828	be filled by the governing body according to the provisions of
829	the appropriate law for filling vacancies.
830	(7)(5)  EFFECT OF RESIGNATIONS.--If the member of the
831	governing body being recalled resigns from office prior to the
832	recall election, the remaining members shall fill the vacancy
833	created according to the appropriate law for filling vacancies.
834	If all of the members of the governing body are sought to be
835	recalled and all of the members resign prior to the recall
836	election, the recall election shall be canceled, and a special
837	election shall be called to fill the unexpired terms of the
838	resigning members. If all of the members of the governing body
839	are sought to be recalled and any of the members resign prior to
840	the recall election, the proceedings for the recall of members
841	not resigning and the election of successors to fill the
842	unexpired terms shall continue and have the same effect as
843	though there had been no resignation.
844	(8)(6)  WHEN PETITION MAY BE FILED.--No petition to recall
845	any member of the governing body of a municipality shall be
846	filed until the member has served one-fourth of his or her term
847	of office. No person removed by a recall, or resigning after a
848	petition has been filed against him or her, shall be eligible to
849	be appointed to the governing body within a period of 2 years
850	after the date of such recall or resignation.
851	(9)  RETENTION OF PETITION.--The clerk shall preserve in
852	his or her office all papers comprising or connected with a
853	petition for recall for a period of 2 years after they were
854	filed. This method of removing members of the governing body of
855	a municipality is in addition to such other methods now or
856	hereafter provided by the general laws of this state.
857	(10)(7)  OFFENSES RELATING TO PETITIONS.--No person shall
858	impersonate another, purposely write his or her name or
859	residence falsely in the signing of any petition for recall or
860	forge any name thereto, or sign any paper with knowledge that he
861	or she is not a qualified elector of the municipality. No
862	expenditures for campaigning for or against an officer being
863	recalled shall be made until the date on which the recall
864	election is to be held is publicly announced. The committee and
865	the officer being recalled shall be subject to chapter 106. No
866	person shall employ or pay another to accept employment or
867	payment for circulating or witnessing a recall petition. Any
868	person violating any of the provisions of this section commits
869	shall be deemed guilty of a misdemeanor of the second degree,
870	punishable as provided in s. 775.082 or s. 775.083 and shall,
871	upon conviction, be punished as provided by law.
872	(11)(8)  INTENT.--It is the intent of the Legislature that
873	the recall procedures provided in this section act shall be
874	uniform statewide. Therefore, all municipal charter and special
875	law provisions which are contrary to the provisions of this
876	section act are hereby repealed to the extent of this conflict.
877	(12)(9)  PROVISIONS APPLICABLE.--The provisions of this
878	section act shall apply to cities and charter counties whether
879	or not they have adopted recall provisions.
880	Section 16.  Subsections (3), (4), and (6) of section
881	100.371, Florida Statutes, are amended to read:
882	100.371  Initiatives; procedure for placement on ballot.--
883	(3)  Each signature shall be dated when made and shall be
884	valid for a period of 4 years following such date, provided all
885	other requirements of law are met. The sponsor shall submit
886	signed and dated forms to the appropriate supervisor of
887	elections for verification as to the number of registered
888	electors whose valid signatures appear thereon. The supervisor
889	shall promptly verify the signatures within 30 days of receipt
890	of the petition forms and payment of the fee required by s.
891	99.097. The supervisor shall promptly record in the statewide
892	voter registration system, in the manner prescribed by the
893	Secretary of State, the date each form is received by the
894	supervisor, and the date the signature on the form is verified
895	as valid. The supervisor may verify that the signature on a form
896	is valid only if:
897	(a)  The form contains the original signature of the
898	purported elector.
899	(b)  The purported elector has accurately recorded on the
900	form the date on which he or she signed the form.
901	(c)  The form accurately sets forth the purported elector's
902	name, street address, county, and voter registration number or
903	date of birth.
904	(d)  The purported elector is, at the time he or she signs
905	the form, a duly qualified and registered elector authorized to
906	vote in the county in which his or her signature is submitted.
907
908	The supervisor shall retain the signature forms for at least 1
909	year following the election in which the issue appeared on the
910	ballot or until the Division of Elections notifies the
911	supervisors of elections that the committee that which
912	circulated the petition is no longer seeking to obtain ballot
913	position.
914	(4)  The Secretary of State shall determine from the
915	signatures verified by the supervisors of elections and recorded
916	in the statewide voter registration system the total number of
917	verified valid signatures and the distribution of such
918	signatures by congressional districts. Upon a determination that
919	the requisite number and distribution of valid signatures have
920	been obtained, the secretary shall issue a certificate of ballot
921	position for that proposed amendment and shall assign a
922	designating number pursuant to s. 101.161.
923	(6)(a)  An elector's signature on a petition form may be
924	revoked within 150 days of the date on which he or she signed
925	the petition form by submitting to the appropriate supervisor of
926	elections a signed petition-revocation form adopted by rule for
927	this purpose by the division.
928	(b)  The petition-revocation form and the manner in which
929	signatures are obtained, submitted, and verified shall be
930	subject to the same relevant requirements and timeframes as the
931	corresponding petition form and processes under this code and
932	shall be approved by the Secretary of State before any signature
933	on a petition-revocation form is obtained.
934	(c)  In those circumstances in which a petition-revocation
935	form for a corresponding initiative petition has not been
936	submitted and approved, an elector may complete and submit a
937	standard petition-revocation form directly to the supervisor of
938	elections. All other requirements and processes apply for the
939	submission and verification of the signatures as for initiative
940	petitions.
941	(d)(c)  Supervisors of elections shall provide petition-
942	revocation forms to the public at all main and branch offices.
943	(e)(d)  The petition-revocation form shall be filed with
944	the supervisor of elections by February 1 preceding the next
945	general election or, if the initiative amendment is not
946	certified for ballot position in that election, by February 1
947	preceding the next successive general election. The supervisor
948	of elections shall promptly verify the signature on the
949	petition-revocation form and process such revocation upon
950	payment, in advance, of a fee of 10 cents or the actual cost of
951	verifying such signature, whichever is less. The supervisor
952	shall promptly record each valid and verified petition-
953	revocation form in the statewide voter registration system in
954	the manner prescribed by the Secretary of State.
955	Section 17.  Section 101.041, Florida Statutes, is amended
956	to read:
957	101.041  Secret voting.--In all elections held on any
958	subject that which may be submitted to a vote, and for all or
959	any state, county, district, or municipal officers, the voting
960	shall be by secret, official ballot printed and distributed as
961	provided by this code, and no vote shall be received or counted
962	in any election, except as prescribed by this code.
963	Section 18.  Subsection (2) of section 101.045, Florida
964	Statutes, is amended to read:
965	101.045  Electors must be registered in precinct;
966	provisions for change of residence, or name, or party
967	affiliation change.--
968	(2)(a)  An elector who moves from the precinct in which the
969	elector is registered may be permitted to vote in the precinct
970	to which he or she has moved his or her legal residence,
971	provided such elector completes an affirmation in substantially
972	the following form:
973
974	Change of Legal Residence of Registered
975	Voter
976
977	Under penalties for false swearing, I,   (Name of voter)  ,
978	swear (or affirm) that the former address of my legal residence
979	was   (Address of legal residence)   in the municipality of
980	_____, in _____ County, Florida, and I was registered to vote in
981	the _____ precinct of _____ County, Florida; that I have not
982	voted in the precinct of my former registration in this
983	election; that I now reside at   (Address of legal residence)
984	in the Municipality of _____, in _____ County, Florida, and am
985	therefore eligible to vote in the _____ precinct of _____
986	County, Florida; and I further swear (or affirm) that I am
987	otherwise legally registered and entitled to vote.
988
989	(Signature of voter whose address of legal residence has
990	changed)
991	(b)  An elector whose name changes because of marriage or
992	other legal process may be permitted to vote, provided such
993	elector completes an affirmation in substantially the following
994	form:
995
996	Change of Name of Registered
997	Voter
998
999	Under penalties for false swearing, I,   (New name of voter)  ,
1000	swear (or affirm) that my name has been changed because of
1001	marriage or other legal process. My former name and address of
1002	legal residence appear on the registration records of precinct
1003	_____ as follows:
1004	Name
1005	Address
1006	Municipality
1007	County
1008	Florida, Zip
1009	My present name and address of legal residence are as follows:
1010	Name
1011	Address
1012	Municipality
1013	County
1014	Florida, Zip
1015	and I further swear (or affirm) that I am otherwise legally
1016	registered and entitled to vote.
1017
1018	(Signature of voter whose name has changed)
1019
1020	(c)  An elector who wants to change his or her party
1021	affiliation on record prior to voting in a general election may
1022	do so in accordance with s. 97.1031 by completing a voter
1023	registration application and signing the oath on the
1024	application.
1025	(d)(c)  Such affirmation or application, when completed and
1026	presented at the precinct in which such elector is entitled to
1027	vote, and upon verification of the elector's registration, shall
1028	entitle such elector to vote as provided in this subsection. If
1029	the elector's eligibility to vote cannot be determined, he or
1030	she shall be entitled to vote a provisional ballot, subject to
1031	the requirements and procedures in s. 101.048. Upon receipt of
1032	an affirmation or application certifying a change in address of
1033	legal residence, or name, or party affiliation, the supervisor
1034	shall as soon as practicable make the necessary changes in the
1035	statewide voter registration system to indicate the change in
1036	address of legal residence or name of such elector.
1037	(e)(d)  Instead of the affirmation contained in paragraph
1038	(a) or paragraph (b), an elector may complete a voter
1039	registration application that indicates the change of name or
1040	change of address of legal residence.
1041	Section 19.  Section 101.111, Florida Statutes, is amended
1042	to read:
1043	101.111  Person desiring to vote may be challenged;
1044	challenger to execute oath; oath of person challenged;
1045	determination of challenge.--
1046	(1)(a)  When the right to vote of any person who desires to
1047	vote is challenged by Any qualified, registered elector or poll
1048	watcher of a county may challenge the right of a person to vote
1049	in that county., The challenge must be in shall be reduced to
1050	writing and contain the following with an oath as provided in
1051	this section, giving reasons for the challenge, which shall be
1052	delivered to the clerk or inspector. Any elector or poll watcher
1053	challenging the right of a person to vote shall execute the oath
1054	set forth below:
1055
1056	OATH OF PERSON ENTERING CHALLENGE
1057
1058	State of Florida
1059	County of _____
1060
1061	I do solemnly swear (or affirm) that my name is _____; that I am
1062	a member of the _____ Party; that I am a registered voter or
1063	pollwatcher; that my residence address is _____, in the
1064	municipality of _____; and that I have reason to believe that
1065	_____ is attempting to vote illegally and the reasons for my
1066	belief are set forth herein to wit:
1067	(Signature of person challenging voter)
1068
1069	Sworn and subscribed to before me this _____ day of _____,
1070	(year)  .
1071	(Clerk of election)
1072	(b)(2)  The clerk or inspector shall immediately deliver to
1073	the challenged person a copy of the oath of the person entering
1074	the challenge, and the challenged voter shall be allowed to cast
1075	a provisional ballot in accordance with s. 101.048.
1076	(c)(3)  Alternatively, a challenge in accordance with this
1077	section may be filed in advance with the supervisor of elections
1078	no Any elector or poll watcher may challenge the right of any
1079	voter to vote not sooner than 30 days before an election. The
1080	supervisor shall promptly provide the election board in the
1081	challenged voter's precinct with by filing a completed copy of
1082	the oath of the person entering the challenge contained in
1083	subsection (1) to the supervisor of election's office. The
1084	challenged voter shall be allowed permitted to cast a
1085	provisional ballot in accordance with s. 101.048.
1086	(2)(4)  Any elector or poll watcher filing a frivolous
1087	challenge of any person's right to vote commits a misdemeanor of
1088	the first degree, punishable as provided in s. 775.082 or s.
1089	775.083; however, electors or poll watchers shall not be subject
1090	to liability for any action taken in good faith and in
1091	furtherance of any activity or duty permitted of such electors
1092	or poll watchers by law. Each instance where any elector or poll
1093	watcher files a frivolous challenge of any person's right to
1094	vote constitutes a separate offense.
1095	Section 20.  Subsection (1) of section 101.51, Florida
1096	Statutes, is amended to read:
1097	101.51  Electors to occupy booth alone.--
1098	(1)  When the elector presents himself or herself to vote,
1099	an the election official shall ascertain whether the elector's
1100	name is upon the register of electors, and, if the elector's
1101	name appears and no challenge interposes, or, if interposed, be
1102	not sustained, one of the election officials stationed at the
1103	entrance shall announce the name of the elector and permit the
1104	elector him or her to enter the booth or compartment to cast his
1105	or her vote, allowing only one elector at a time to pass through
1106	to vote. An elector, while casting his or her ballot, may not
1107	occupy a booth or compartment already occupied or speak with
1108	anyone, except as provided by s. 101.051.
1109	Section 21.  Effective July 1, 2008, section 101.56075,
1110	Florida Statutes, is amended to read:
1111	101.56075  Voting methods.--
1112	(1)  Except as provided in subsection (2), all voting shall
1113	be by marksense ballot utilizing a marking device for the
1114	purpose of designating ballot selections.
1115	(2)  Persons with disabilities or other persons upon
1116	request may vote on a voter interface device that meets the
1117	voting system accessibility requirements for individuals with
1118	disabilities pursuant to s. 301 of the federal Help America Vote
1119	Act of 2002 and s. 101.56062.
1120	(3)  By 2012, persons with disabilities may shall vote on a
1121	voter interface device that meets the voter accessibility
1122	requirements for individuals with disabilities under s. 301 of
1123	the federal Help America Vote Act of 2002 and s. 101.56062 which
1124	are consistent with subsection (1) of this section.
1125	Section 22.  Paragraph (a) of subsection (2) of section
1126	101.5608, Florida Statutes, is amended to read:
1127	101.5608  Voting by electronic or electromechanical method;
1128	procedures.--
1129	(2)  When an electronic or electromechanical voting system
1130	utilizes a ballot card or marksense ballot, the following
1131	procedures shall be followed:
1132	(a)  After receiving a ballot from an inspector, the
1133	elector shall, without leaving the polling place, retire to a
1134	booth or compartment and mark the ballot. After preparing his or
1135	her ballot, the elector shall place the ballot in a secrecy
1136	envelope with the stub exposed or shall fold over that portion
1137	on which write-in votes may be cast, as instructed, so that the
1138	ballot will be deposited in the tabulator ballot box without
1139	exposing the voter's choices. Before the ballot is deposited in
1140	the ballot box, the inspector shall detach the exposed stub and
1141	place it in a separate envelope for audit purposes; when a fold-
1142	over ballot is used, the entire ballot shall be placed in the
1143	ballot box.
1144	Section 23.  Subsection (5) of section 101.5614, Florida
1145	Statutes, is amended to read:
1146	101.5614  Canvass of returns.--
1147	(5)  If any absentee ballot is physically damaged so that
1148	it cannot properly be counted by the automatic tabulating
1149	equipment, a true duplicate copy shall be made of the damaged
1150	ballot in the presence of witnesses and substituted for the
1151	damaged ballot. Likewise, a duplicate ballot shall be made of an
1152	absentee ballot containing an overvoted race or a marked
1153	absentee ballot in which every race is undervoted which shall
1154	include all valid votes as determined by the canvassing board
1155	based on rules adopted by the division pursuant to s.
1156	102.166(3)(4). All duplicate ballots shall be clearly labeled
1157	"duplicate," bear a serial number which shall be recorded on the
1158	defective ballot, and be counted in lieu of the defective
1159	ballot. After a ballot has been duplicated, the defective ballot
1160	shall be placed in an envelope provided for that purpose, and
1161	the duplicate ballot shall be tallied with the other ballots for
1162	that precinct.
1163	Section 24.  Subsection (2) of section 101.6102, Florida
1164	Statutes, is amended to read:
1165	101.6102  Mail ballot elections; limitations.--
1166	(2)  Except as provided in s. 101.733(1), the following
1167	elections may not be conducted by mail ballot:
1168	(a)  An election at which any candidate is nominated,
1169	elected, retained, or recalled; or
1170	(b)  An election held on the same date as another election,
1171	other than a mail ballot election, in which the qualified
1172	electors of that political subdivision are eligible to cast
1173	ballots.
1174	Section 25.  Subsections (1) and (2) of section 101.733,
1175	Florida Statutes, are amended to read:
1176	101.733  Election emergency; purpose; elections emergency
1177	contingency plan.--Because of the existing and continuing
1178	possibility of an emergency or common disaster occurring before
1179	or during a regularly scheduled or special election, and in
1180	order to ensure maximum citizen participation in the electoral
1181	process and provide a safe and orderly procedure for persons
1182	seeking to exercise their right to vote, generally to minimize
1183	to whatever degree possible a person's exposure to danger during
1184	declared states of emergency, and to protect the integrity of
1185	the electoral process, it is hereby found and declared to be
1186	necessary to designate a procedure for the emergency suspension
1187	or delay and rescheduling of elections.
1188	(1)(a)  The Governor may, upon issuance of an executive
1189	order declaring a state of emergency or impending emergency,
1190	suspend or delay any election. The Governor may take such action
1191	independently or at the request of the Secretary of State, a
1192	supervisor of elections from a county affected by the emergency
1193	circumstances, or a municipal clerk from a municipality affected
1194	by the emergency circumstances.
1195	(b)  The Governor may, in the event of a declared state of
1196	emergency or impending emergency, in lieu of suspending or
1197	delaying an election, call for a mail ballot election. The
1198	Department of State shall adopt, by rule, timelines and
1199	procedures for the mail ballot election.
1200	(2)  The Governor, upon consultation with the Secretary of
1201	State, shall reschedule any election suspended or delayed due to
1202	an emergency. The election shall be held within 10 days after
1203	the date of the suspended or delayed election or as soon
1204	thereafter as is practicable. Notice of the election shall be
1205	provided in any reasonable manner, including, where practicable,
1206	publication published at least once in a newspaper of general
1207	circulation in the affected area and, where practicable,
1208	broadcast as a public service announcement on radio and
1209	television stations at least 1 week prior to the date the
1210	election is to be held.
1211	Section 26.  Subsection (7) of section 102.014, Florida
1212	Statutes, is amended to read:
1213	102.014  Poll worker recruitment and training.--
1214	(7)  The Department of State shall develop a mandatory,
1215	statewide, and uniform program for training poll workers on
1216	issues of etiquette and sensitivity with respect to voters
1217	having a disability. The program must consist of approximately 1
1218	hour of the required number of hours set forth in paragraph
1219	(4)(a). The program must be conducted locally by each supervisor
1220	of elections, who shall periodically certify to the Department
1221	of State whether each poll worker has completed the program
1222	prior to working during the election cycle. The supervisor of
1223	elections shall contract with a recognized disability-related
1224	organization, such as a center for independent living, family
1225	network on disabilities, deaf service bureau, or other such
1226	organization, to develop and assist with training the trainers
1227	in the disability sensitivity programs. The program must include
1228	actual demonstrations of obstacles confronted by disabled
1229	persons during the voting process, including obtaining access to
1230	the polling place, traveling through the polling area, and using
1231	the voting system.
1232	Section 27.  Subsection (4) of section 102.031, Florida
1233	Statutes, is amended to read:
1234	102.031  Maintenance of good order at polls; authorities;
1235	persons allowed in polling rooms and early voting areas;
1236	unlawful solicitation of voters.--
1237	(4)(a)  No person, political committee, committee of
1238	continuous existence, or other group or organization may solicit
1239	voters inside the polling place or within 100 feet of the
1240	entrance to any polling place, or polling room where the polling
1241	place is also a polling room, or early voting site. Before the
1242	opening of the polling place or early voting site, the clerk or
1243	supervisor shall designate the no-solicitation zone and mark the
1244	boundaries.
1245	(b)  For the purpose of this subsection, the term "solicit"
1246	or "solicitation" shall include, but not be limited to, seeking
1247	or attempting to seek any vote, fact, opinion, or contribution;
1248	distributing or attempting to distribute any political or
1249	campaign material, leaflet, or handout; conducting a poll except
1250	as specified in this paragraph; seeking or attempting to seek a
1251	signature on any petition; and selling or attempting to sell any
1252	item. The term "solicit" or "solicitation" shall not be
1253	construed to prohibit exit polling.
1254	(c)  Each supervisor of elections shall inform the clerk of
1255	the area within which soliciting is unlawful, based on the
1256	particular characteristics of that polling place. The supervisor
1257	or the clerk may take any reasonable action necessary to ensure
1258	order at the polling places, including, but not limited to,
1259	having disruptive and unruly persons removed by law enforcement
1260	officers from the polling room or place or from the 100-foot
1261	zone surrounding the polling place.
1262	Section 28.  Subsections (1) and (2) of section 102.112,
1263	Florida Statutes, are amended to read:
1264	102.112  Deadline for submission of county returns to the
1265	Department of State.--
1266	(1)  The county canvassing board or a majority thereof
1267	shall file the county returns for the election of a federal or
1268	state officer with the Department of State immediately after
1269	certification of the election results. The returns must contain
1270	a certification by the canvassing board that the board has
1271	compared reconciled the number of persons who voted with the
1272	number of ballots counted and that the certification includes
1273	all valid votes cast in the election.
1274	(2)  Returns must be filed by 5 p.m. on the 9th 7th day
1275	following a primary election and by noon on the 12th day
1276	following the general election. However, the Department of State
1277	may correct typographical errors, including the transposition of
1278	numbers, in any returns submitted to the Department of State
1279	pursuant to s. 102.111(1).
1280	Section 29.  Paragraphs (b) and (c) of subsection (7) of
1281	section 102.141, Florida Statutes, are amended to read:
1282	102.141  County canvassing board; duties.--
1283	(7)  If the unofficial returns reflect that a candidate for
1284	any office was defeated or eliminated by one-half of a percent
1285	or less of the votes cast for such office, that a candidate for
1286	retention to a judicial office was retained or not retained by
1287	one-half of a percent or less of the votes cast on the question
1288	of retention, or that a measure appearing on the ballot was
1289	approved or rejected by one-half of a percent or less of the
1290	votes cast on such measure, the board responsible for certifying
1291	the results of the vote on such race or measure shall order a
1292	recount of the votes cast with respect to such office or
1293	measure. The Elections Canvassing Commission is the board
1294	responsible for ordering federal, state, and multicounty
1295	recounts. A recount need not be ordered with respect to the
1296	returns for any office, however, if the candidate or candidates
1297	defeated or eliminated from contention for such office by one-
1298	half of a percent or less of the votes cast for such office
1299	request in writing that a recount not be made.
1300	(b)  Each canvassing board responsible for conducting a
1301	recount where touchscreen ballots were used shall re-collect the
1302	votes from examine the counters on the precinct tabulators to
1303	ensure that the total of the returns on the precinct tabulators
1304	equals the overall election return. If there is a discrepancy,
1305	the canvassing board shall determine the cause and report the
1306	results between the overall election return and the counters of
1307	the precinct tabulators, the counters of the precinct tabulators
1308	shall be presumed correct and such votes shall be canvassed
1309	accordingly.
1310	(c)  The canvassing board shall submit on forms or in
1311	formats provided by the division a second set of unofficial
1312	returns to the Department of State for each federal, statewide,
1313	state, or multicounty office or ballot measure no later than 3
1314	p.m. on the fifth day after any primary election and no later
1315	than 3 p.m. on the ninth day after any general election in which
1316	a recount was conducted pursuant to this subsection. If the
1317	canvassing board is unable to complete the recount prescribed in
1318	this subsection by the deadline, the second set of unofficial
1319	returns submitted by the canvassing board shall be identical to
1320	the initial unofficial returns and the submission shall also
1321	include a detailed explanation of why it was unable to timely
1322	complete the recount. However, the canvassing board shall
1323	complete the recount prescribed in this subsection, along with
1324	any manual recount prescribed in s. 102.166, and certify
1325	election returns in accordance with the requirements of this
1326	chapter.
1327	Section 30.  Effective July 1, 2008, section 102.166,
1328	Florida Statutes, is amended to read:
1329	102.166  Manual recounts.--
1330	(1)  If the second set of unofficial returns pursuant to s.
1331	102.141 indicates that a candidate for any office was defeated
1332	or eliminated by one-quarter of a percent or less of the votes
1333	cast for such office, that a candidate for retention to a
1334	judicial office was retained or not retained by one-quarter of a
1335	percent or less of the votes cast on the question of retention,
1336	or that a measure appearing on the ballot was approved or
1337	rejected by one-quarter of a percent or less of the votes cast
1338	on such measure, any candidate in the affected race, any
1339	political committee that supports or opposes an issue that is
1340	affected, or any political party that had candidates appear on
1341	the ballot in the affected race may request a manual recount.
1342	Such request must be filed no later than 5 p.m. on the 5th day
1343	after a primary election and no later than 5 p.m. on the 9th day
1344	after a general election. Upon timely receipt of a request, the
1345	board responsible for certifying the results of the vote on such
1346	race or measure shall order a manual recount of the votes
1347	overvotes and undervotes cast in such race or measure in the
1348	entire geographic jurisdiction of such race office or ballot
1349	measure. A manual recount may not be ordered, however, if the
1350	number of overvotes, undervotes, and provisional ballots is
1351	fewer than the number of votes needed to change the outcome of
1352	the election.
1353	(2)(a)  Any hardware or software used to identify and sort
1354	overvotes and undervotes for a given race or ballot measure must
1355	be certified by the Department of State as part of the voting
1356	system pursuant to s. 101.015. Any such hardware or software
1357	must be capable of simultaneously counting votes.
1358	(b)  Overvotes and undervotes shall be identified and
1359	sorted while recounting ballots pursuant to s. 102.141, if the
1360	hardware or software for this purpose has been certified or the
1361	department's rules so provide.
1362	(2)(3)  Any manual recount shall be open to the public.
1363	(3)(4)(a)  A vote for a candidate or ballot measure shall
1364	be counted if there is a clear indication on the ballot that the
1365	voter has made a definite choice.
1366	(b)  The Department of State shall adopt specific rules for
1367	each certified voting system prescribing what constitutes a
1368	"clear indication on the ballot that the voter has made a
1369	definite choice." The rules may not:
1370	1.  Exclusively provide that the voter must properly mark
1371	or designate his or her choice on the ballot; or
1372	2.  Contain a catch-all provision that fails to identify
1373	specific standards, such as "any other mark or indication
1374	clearly indicating that the voter has made a definite choice."
1375	(4)(5)  Procedures for a manual recount are as follows:
1376	(a)  The county canvassing board shall appoint as many
1377	counting teams of at least two electors as is necessary to
1378	manually recount the ballots. A counting team must have, when
1379	possible, members of at least two political parties. A candidate
1380	involved in the race shall not be a member of the counting team.
1381	(b)  Each duplicate ballot prepared pursuant to s.
1382	101.5614(5) or s. 102.141(7) shall be compared with the original
1383	ballot to ensure the correctness of the duplicate.
1384	(c)  If a counting team is unable to determine whether the
1385	ballot contains a clear indication that the voter has made a
1386	definite choice, the ballot shall be presented to the county
1387	canvassing board for a determination.
1388	(d)  The Department of State shall adopt detailed rules
1389	prescribing additional recount procedures for each certified
1390	voting system which shall be uniform to the extent practicable.
1391	The rules shall address, at a minimum, the following areas:
1392	1.  Security of ballots during the recount process;
1393	2.  Time and place of recounts;
1394	3.  Public observance of recounts;
1395	4.  Objections to ballot determinations;
1396	5.  Record of recount proceedings; and
1397	6.  Procedures relating to candidate and petitioner
1398	representatives.
1399	(5)  Notwithstanding s. 101.591, in any instance in which a
1400	manual recount was conducted on a countywide race, the
1401	canvassing board is not required to conduct a manual audit of
1402	the voting system. However, the canvassing board shall track the
1403	ballots that were not properly completed for the purpose of
1404	determining whether the voting system accurately recorded the
1405	votes. For purposes of this subsection, a ballot that has not
1406	been properly completed is a ballot on which:
1407	(a)  Votes have been marked by the voter outside the vote
1408	targets;
1409	(b)  Votes have been marked by the voter using a manual
1410	marking device that cannot be read by the voting system; or
1411	(c)  In the judgment of the canvassing board, the voter
1412	marked the ballot in such a manner that the voting system may
1413	not have read the marks as votes cast.
1414
1415	If a voting system audit is conducted pursuant to s. 101.591,
1416	the canvassing board shall include the information from the
1417	manual recount and from the ballots not properly completed as
1418	part of the report required by that section.
1419	Section 31.  Subsection (2) of section 103.101, Florida
1420	Statutes, is amended to read:
1421	103.101  Presidential preference primary.--
1422	(2)(a)  There shall be a Presidential Candidate Selection
1423	Committee composed of the Secretary of State, who shall be a
1424	nonvoting chair; the Speaker of the House of Representatives;
1425	the President of the Senate; the minority leader of each house
1426	of the Legislature; and the chair of each political party
1427	required to have a presidential preference primary under this
1428	section.
1429	(b)(a)  By October 31 of the year preceding the
1430	presidential preference primary, each political party shall
1431	submit to the Secretary of State a list of its presidential
1432	candidates to be placed on the presidential preference primary
1433	ballot or candidates entitled to have delegates appear on the
1434	presidential preference primary ballot. The Secretary of State
1435	shall prepare and publish a list of the names of the
1436	presidential candidates submitted. The Secretary of State shall
1437	submit such list of names of presidential candidates to the
1438	selection committee on the first Tuesday after the first Monday
1439	in November of the year preceding the presidential preference
1440	primary. Each person designated as a presidential candidate
1441	shall have his or her name appear, or have his or her delegates'
1442	names appear, on the presidential preference primary ballot
1443	unless all committee members of the same political party as the
1444	candidate agree to delete such candidate's name from the ballot.
1445	(c)  The selection committee shall meet in Tallahassee on
1446	the first Tuesday after the first Monday in November of the year
1447	preceding the presidential preference primary. The selection
1448	committee shall publicly announce and submit to the Department
1449	of State no later than 5 p.m. on the following day the names of
1450	presidential candidates who shall have their names appear, or
1451	who are entitled to have their delegates' names appear, on the
1452	presidential preference primary ballot. The Department of State
1453	shall immediately notify each presidential candidate designated
1454	by the committee. Such notification shall be in writing, by
1455	registered mail, with return receipt requested.
1456	(b)  Any presidential candidate whose name does not appear
1457	on the list submitted to the Secretary of State may request that
1458	the selection committee place his or her name on the ballot.
1459	Such request shall be made in writing to the Secretary of State
1460	no later than the second Tuesday after the first Monday in
1461	November of the year preceding the presidential preference
1462	primary.
1463	(c)  If a presidential candidate makes a request that the
1464	selection committee reconsider placing the candidate's name on
1465	the ballot, the selection committee will reconvene no later than
1466	the second Thursday after the first Monday in November of the
1467	year preceding the presidential preference primary to reconsider
1468	placing the candidate's name on the ballot. The Department of
1469	State shall immediately notify such candidate of the selection
1470	committee's decision.
1471	Section 32. Paragraph (c) of subsection (3) of section
1472	190.006, Florida Statutes, is amended to read:
1473	190.006  Board of supervisors; members and meetings.--
1474	(3)
1475	(c)  Candidates seeking election to office by qualified
1476	electors under this subsection shall conduct their campaigns in
1477	accordance with the provisions of chapter 106 and shall file
1478	qualifying papers and qualify for individual seats in accordance
1479	with s. 99.061. Candidates shall pay a qualifying fee, which
1480	shall consist of a filing fee and an election assessment or, as
1481	an alternative, shall file a petition signed by not less than 1
1482	percent of the registered voters of the district, and take the
1483	oath required in s. 99.021, with the supervisor of elections in
1484	the county affected by such candidacy. The amount of the filing
1485	fee is 3 percent of $4,800; however, if the electors have
1486	provided for compensation pursuant to subsection (8), the amount
1487	of the filing fee is 3 percent of the maximum annual
1488	compensation so provided. The amount of the election assessment
1489	is 1 percent of $4,800; however, if the electors have provided
1490	for compensation pursuant to subsection (8), the amount of the
1491	election assessment is 1 percent of the maximum annual
1492	compensation so provided. The filing fee, which and election
1493	assessment shall be assessed and distributed as provided in s.
1494	105.031(3).
1495	Section 33.  Except as otherwise expressly provided in this
1496	act, this act shall take effect January 1, 2009.

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