Amendment
Bill No. HB 7149

Amendment No. 868673

CHAMBER ACTION
Senate		House
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1	Representative Randolph offered the following:
2
3	Amendment (with title amendment)
4	Remove lines 427-507 and insert:
5	(6)  In any civil action brought by the Attorney General or
6	the state attorney for enforcement, if the court finds that no
7	violation occurred, the Attorney General or the state attorney
8	shall be liable for attorney's fees and costs to the person or
9	organization against whom the complaint was brought.
10	(1)  Prior to engaging in any voter registration
11	activities, a third-party voter registration organization shall
12	name a registered agent in the state and submit to the division,
13	in a form adopted by the division, the name of the registered
14	agent and the name of those individuals responsible for the day-
15	to-day operation of the third-party voter registration
16	organization, including, if applicable, the names of the
17	entity's board of directors, president, vice president, managing
18	partner, or such other individuals engaged in similar duties or
19	functions. On or before the 15th day after the end of each
20	calendar quarter, each third-party voter registration
21	organization shall submit to the division a report providing the
22	date and location of any organized voter registration drives
23	conducted by the organization in the prior calendar quarter.
24	(2)  The failure to submit the information required by
25	subsection (1) does not subject the third-party voter
26	registration organization to any civil or criminal penalties for
27	such failure, and the failure to submit such information is not
28	a basis for denying such third-party voter registration
29	organization with copies of voter registration application
30	forms.
31	(3)  A third-party voter registration organization that
32	collects voter registration applications serves as a fiduciary
33	to the applicant, ensuring that any voter registration
34	application entrusted to the third-party voter registration
35	organization, irrespective of party affiliation, race,
36	ethnicity, or gender shall be promptly delivered to the division
37	or the supervisor of elections. If a voter registration
38	application collected by any third-party voter registration
39	organization is not promptly delivered to the division or
40	supervisor of elections, the third-party voter registration
41	organization shall be liable for the following fines:
42	(a)  A fine in the amount of $50 for each application
43	received by the division or the supervisor of elections more
44	than 10 days after the applicant delivered the completed voter
45	registration application to the third-party voter registration
46	organization or any person, entity, or agent acting on its
47	behalf. A fine in the amount of $250 for each application
48	received if the third-party registration organization or person,
49	entity, or agency acting on its behalf acted willfully.
50	(b)  A fine in the amount of $100 for each application
51	collected by a third-party voter registration organization or
52	any person, entity, or agent acting on its behalf, prior to book
53	closing for any given election for federal or state office and
54	received by the division or the supervisor of elections after
55	the book closing deadline for such election. A fine in the
56	amount of $500 for each application received if the third-party
57	registration organization or person, entity, or agency acting on
58	its behalf acted willfully.
59	(c)  A fine in the amount of $500 for each application
60	collected by a third-party voter registration organization or
61	any person, entity, or agent acting on its behalf, which is not
62	submitted to the division or supervisor of elections. A fine in
63	the amount of $1,000 for any application not submitted if the
64	third-party registration organization or person, entity, or
65	agency acting on its behalf acted willfully.
66
67	The aggregate fine pursuant to this subsection which may be
68	assessed against a third-party voter registration organization,
69	including affiliate organizations, for violations committed in a
70	calendar year shall be $1,000. The fines provided in this
71	subsection shall be reduced by three-fourths in cases in which
72	the third-party voter registration organization has complied
73	with subsection (1). The secretary shall waive the fines
74	described in this subsection upon a showing that the failure to
75	deliver the voter registration application promptly is based
76	upon force majeure or impossibility of performance.
77	(7)(4)(a)  The division shall adopt rules to administer
78	this section. The division shall adopt by rule a form to elicit
79	specific information concerning the facts and circumstances from
80	a person who claims to have been registered to vote by a third-
81	party voter registration organization but who does not appear as
82	an active voter on the voter registration rolls.
83	(b)  The division may investigate any violation of this
84	section. Civil fines shall be assessed by the division and
85	enforced through any appropriate legal proceedings.
86	(5)  The date on which an applicant signs a voter
87	registration application is presumed to be the date on which the
88	third-party voter registration organization received or
89	collected the voter registration application.
90	(8)(6)  The civil fines provided in this section are in
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94	T I T L E  A M E N D M E N T
95	Remove line 35 and insert:
96	injunction or other appropriate order; providing circumstances
97	under which the Attorney General or state attorney shall be
98	liable for certain fees and costs; requiring the

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