| 1 | A bill to be entitled |
| 2 | An act relating to challenging a person desiring to vote; |
| 3 | amending s. 101.111, F.S.; prohibiting a voter from being |
| 4 | challenged on the basis of certain documents; prohibiting |
| 5 | certain persons from submitting a formal challenge to an |
| 6 | individual's eligibility to register to vote or to vote in |
| 7 | any election under certain circumstances; providing an |
| 8 | effective date. |
| 9 |
|
| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
|
| 12 | Section 1. Present subsection (2) of section 101.111, |
| 13 | Florida Statutes, is renumbered as subsection (4), and new |
| 14 | subsections (2) and (3) are added to that section, to read: |
| 15 | 101.111 Person desiring to vote may be challenged; |
| 16 | challenger to execute oath; oath of person challenged; |
| 17 | determination of challenge.-- |
| 18 | (2) A voter may not be challenged on the basis of the |
| 19 | following documents: |
| 20 | (a) A "voter caging document," which is defined as a |
| 21 | nonforwardable document that is sent by a person other than a |
| 22 | state or local election official and that is returned to the |
| 23 | sender or a third party as undelivered or undeliverable despite |
| 24 | an attempt to deliver such document to the address of a |
| 25 | registered voter or an applicant for registration; |
| 26 | (b) A list of individuals compiled from voter caging |
| 27 | documents; or |
| 28 | (c) A list produced by matching the information of |
| 29 | registered voters or applicants for voter registration to a list |
| 30 | of individuals who are ineligible to vote by virtue of death, |
| 31 | conviction, change of address, or otherwise, unless one of the |
| 32 | pieces of information matched includes a signature, photograph, |
| 33 | or unique identifying number ensuring that the information from |
| 34 | each source refers to the same individual. |
| 35 | (3) A person who is not a state or local election official |
| 36 | may not submit a formal challenge to an individual's eligibility |
| 37 | to register to vote or to vote in any election if the basis for |
| 38 | such challenge is evidence consisting of an error or omission on |
| 39 | any record or paper relating to any application, registration, |
| 40 | or other act requisite to voting, and if such error or omission |
| 41 | is not material to the individual's eligibility to vote as |
| 42 | provided by law. |
| 43 | Section 2. This act shall take effect July 1, 2009. |