HB 1355

1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	expanding the list of responsibilities of the Secretary of
4	State when acting in his or her capacity as chief election
5	officer; providing that a supervisor of election's failure
6	to comply with direction or opinions provided by the
7	Secretary of State may subject the supervisor to certain
8	penalties; amending s. 99.061, F.S.; revising the
9	timeframe for a candidate to meet certain qualification
10	requirements; requiring that a candidate file certain
11	original documentation when qualifying for office;
12	amending s. 100.111, F.S.; providing notification
13	requirements and procedures for filling a vacancy in
14	nomination for certain offices; deleting the definition of
15	the term "district political party executive committee";
16	providing that a vacancy in nomination is not created if a
17	nominee did not properly qualify or does not meet the
18	necessary qualifications to hold the office sought;
19	amending s. 100.141, F.S.; revising notification and
20	publication requirements for special elections; amending
21	s. 101.131, F.S.; revising procedures for the designation
22	of poll watchers; requiring that the Division of Elections
23	prescribe a form for the designation of poll watchers;
24	providing conditions under which poll watchers are
25	authorized to enter polling areas and watch polls;
26	requiring that a supervisor of elections provide
27	identification to poll watchers by a specified period
28	before early voting begins; requiring that poll watchers
29	display such identification while in a polling place;
30	amending s. 102.031, F.S.; prohibiting solicitation of
31	voters standing in line to enter any polling place or
32	early voting site; expanding the definitions of the terms
33	"solicit" or "solicitation"; amending s. 103.141, F.S.;
34	deleting language providing for the removal of certain
35	county executive committee members pursuant to a separate
36	provision of law; amending s. 106.07, F.S.; conforming a
37	cross-reference to changes made by the act; amending s.
38	106.0703, F.S.; conforming a cross-reference to changes
39	made by the act; revising the reporting requirement for
40	electioneering communications organizations; amending s.
41	106.265, F.S.; authorizing the imposition of civil
42	penalties by an administrative law judge or the Florida
43	Election Commission, whichever is applicable, for certain
44	violations of chapter 106 or chapter 104; adding
45	electioneering communications organizations to those
46	entities subject to civil penalty provisions; repealing s.
47	103.161, F.S., relating to the removal or suspension of
48	officers or members of a state executive committee or
49	county executive committee; providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Subsection (16) is added to section 97.012,
54	Florida Statutes, to read:
55	97.012  Secretary of State as chief election officer.-The
56	Secretary of State is the chief election officer of the state,
57	and it is his or her responsibility to:
58	(16)  Provide direction and opinions to the supervisors of
59	elections on the performance of their official duties with
60	respect to the Florida Election Code or rules adopted by the
61	Department of State. A supervisor's failure to comply with the
62	direction or an opinion provided by the Secretary of State may
63	subject the supervisor to the provisions of s. 104.051.
64	Section 2.  Subsection (7) of section 99.061, Florida
65	Statutes, is amended to read:
66	99.061  Method of qualifying for nomination or election to
67	federal, state, county, or district office.-
68	(7)(a)  In order for a candidate to be qualified, the
69	following items must be received by the filing officer by the
70	end of the qualifying period:
71	1.  A properly executed check drawn upon the candidate's
72	campaign account in an amount not less than the fee required by
73	s. 99.092 or, in lieu thereof, as applicable, the copy of the
74	notice of obtaining ballot position pursuant to s. 99.095. The
75	filing fee for a special district candidate is not required to
76	be drawn upon the candidate's campaign account. If a candidate's
77	check is returned by the bank for any reason, the filing officer
78	shall immediately notify the candidate and the candidate shall
79	have until, the end of qualifying notwithstanding, have 48 hours
80	from the time such notification is received, excluding
81	Saturdays, Sundays, and legal holidays, to pay the fee with a
82	cashier's check purchased from funds of the campaign account.
83	Failure to pay the fee as provided in this subparagraph shall
84	disqualify the candidate.
85	2.  The candidate's oath required by s. 99.021, which must
86	contain the name of the candidate as it is to appear on the
87	ballot; the office sought, including the district or group
88	number if applicable; and the signature of the candidate, duly
89	acknowledged.
90	3.  The loyalty oath required by s. 876.05, signed by the
91	candidate and duly acknowledged.
92	4.  If the office sought is partisan, the written statement
93	of political party affiliation required by s. 99.021(1)(b).
94	5.  The completed form for the appointment of campaign
95	treasurer and designation of campaign depository, as required by
96	s. 106.021.
97	6.  An original copy of the full and public disclosure or
98	statement of financial interests required by subsection (5). A
99	public officer who has filed the full and public disclosure or
100	statement of financial interests with the Commission on Ethics
101	or the supervisor of elections prior to qualifying for office
102	may file a copy of that disclosure at the time of qualifying.
103	(b)  If the filing officer receives qualifying papers that
104	do not include all items as required by paragraph (a) prior to
105	the last day of qualifying, the filing officer shall make a
106	reasonable effort to notify the candidate of the missing or
107	incomplete items and shall inform the candidate that all
108	required items must be received by the close of qualifying. A
109	candidate's name as it is to appear on the ballot may not be
110	changed after the end of qualifying.
111	Section 3.  Subsection (4) of section 100.111, Florida
112	Statutes, is amended, present subsection (5) is renumbered as
113	subsection (6), a new subsection (5) is added to that section,
114	to read:
115	100.111  Filling vacancy.-
116	(4)(a)  In the event that death, resignation, withdrawal,
117	removal, or any other cause or event should cause a party to
118	have a vacancy in nomination which leaves no candidate for an
119	office from such party, the Department of State shall notify the
120	chair of the appropriate state, district, or county political
121	party executive committee of such party; and:
122	1.  If the vacancy in nomination is for a statewide office,
123	the state party chair shall, within 5 days, the chair shall call
124	a meeting of his or her executive board committee to consider
125	designation of a nominee to fill the vacancy.
126	2.  If the vacancy in nomination is for a legislative or
127	multicounty office, the state party chair shall notify the
128	appropriate county chair or chairs and, within 5 days, the
129	appropriate county chairs shall call a meeting of the members of
130	the executive committee in the affected county or counties to
131	consider designation of a nominee to fill the vacancy.
132	3.  If the vacancy in nomination is for a county office,
133	the state party chair shall notify the appropriate county chair
134	and, within 5 days, the appropriate county chair shall call a
135	meeting of his or her executive committee to consider
136	designation of a nominee to fill the vacancy.
137
138	The name of any person so designated shall be submitted to the
139	Department of State within 7 days after notice to the chair in
140	order that the person designated may have his or her name on the
141	ballot of the ensuing general election. If the name of the new
142	nominee is submitted after the certification of results of the
143	preceding primary election, however, the ballots shall not be
144	changed and the former party nominee's name will appear on the
145	ballot. Any ballots cast for the former party nominee will be
146	counted for the person designated by the political party to
147	replace the former party nominee. If there is no opposition to
148	the party nominee, the person designated by the political party
149	to replace the former party nominee will be elected to office at
150	the general election. For purposes of this paragraph, the term
151	"district political party executive committee" means the members
152	of the state executive committee of a political party from those
153	counties comprising the area involving a district office.
154	(b)  When, under the circumstances set forth in the
155	preceding paragraph, vacancies in nomination are required to be
156	filled by committee nominations, such vacancies shall be filled
157	by party rule. In any instance in which a nominee is selected by
158	a committee to fill a vacancy in nomination, such nominee shall
159	pay the same filing fee and take the same oath as the nominee
160	would have taken had he or she regularly qualified for election
161	to such office.
162	(c)  Any person who, at the close of qualifying as
163	prescribed in ss. 99.061 and 105.031, was qualified for
164	nomination or election to or retention in a public office to be
165	filled at the ensuing general election is prohibited from
166	qualifying as a candidate to fill a vacancy in nomination for
167	any other office to be filled at that general election, even if
168	such person has withdrawn or been eliminated as a candidate for
169	the original office sought. However, this paragraph does not
170	apply to a candidate for the office of Lieutenant Governor who
171	applies to fill a vacancy in nomination for the office of
172	Governor on the same ticket or to a person who has withdrawn or
173	been eliminated as a candidate and who is subsequently
174	designated as a candidate for Lieutenant Governor under s.
175	99.063.
176	(5)  A vacancy in nomination is not created if it is
177	determined that a nominee did not properly qualify or does not
178	meet the necessary qualifications to hold the office for which
179	he or she sought to qualify.
180	Section 4.  Subsection (3) of section 100.141, Florida
181	Statutes, is amended to read:
182	100.141  Notice of special election to fill any vacancy in
183	office.-
184	(3)  The department shall deliver a copy of such notice to
185	the supervisor of elections of each county in which the special
186	election is to be held. The supervisor shall have the notice
187	published on the supervisor's website and post at least five
188	copies of the notice in conspicuous places in the county two
189	times in a newspaper of general circulation in the county at
190	least 10 days before prior to the first day set for qualifying
191	for office. If such a newspaper is not published within the
192	period set forth, the supervisor shall post at least five copies
193	of the notice in conspicuous places in the county not less than
194	10 days prior to the first date set for qualifying.
195	Section 5.  Subsection (2) of section 101.131, Florida
196	Statutes, is amended, and subsections (4) and (5) are added to
197	that section, to read:
198	101.131  Watchers at polls.-
199	(2)  Each party, each political committee, and each
200	candidate requesting to have poll watchers shall designate, in
201	writing to the supervisors of elections, on a form prescribed by
202	the division, before prior to noon of the second Tuesday
203	preceding the election poll watchers for each polling room on
204	election day. Designations of poll watchers for early voting
205	areas shall be submitted in writing to the supervisor of
206	elections, on a form prescribed by the division, before noon at
207	least 14 days before early voting begins. The poll watchers for
208	each polling rooms room shall be approved by the supervisor of
209	elections on or before the Tuesday before the election. Poll
210	watchers for early voting areas shall be approved by the
211	supervisor of elections no later than 7 days before early voting
212	begins. The supervisor shall furnish to each election board a
213	list of the poll watchers designated and approved for such
214	polling rooms room or early voting areas area. Designation of
215	poll watchers shall be made by the chair of the county executive
216	committee of a political party, the chair of a political
217	committee, or the candidate requesting to have poll watchers.
218	(4)  All poll watchers shall be allowed to enter and watch
219	polls in all polling rooms and early voting areas within the
220	county in which they have been designated if the number of poll
221	watchers at any particular polling place does not exceed the
222	number provided in this section.
223	(5)  The supervisor of elections shall provide to each
224	designated poll watcher, no later than 7 days before early
225	voting begins, a poll watcher identification badge that
226	identifies the poll watcher by name. Each poll watcher shall
227	wear his or her identification badge while in the polling room
228	or early voting area.
229	Section 6.  Paragraphs (a) and (b) of subsection (4) of
230	section 102.031, Florida Statutes, are amended to read:
231	102.031  Maintenance of good order at polls; authorities;
232	persons allowed in polling rooms and early voting areas;
233	unlawful solicitation of voters.-
234	(4)(a)  No person, political committee, committee of
235	continuous existence, or other group or organization may solicit
236	voters who are inside a the polling place or within 100 feet of
237	the entrance to any polling place; who are inside a, or polling
238	room where the polling place is also a polling room; who are
239	inside an, or early voting site; or who are standing in line to
240	enter any polling place or early voting site. Before the opening
241	of the polling place or early voting site, the clerk or
242	supervisor shall designate the no-solicitation zone and mark the
243	boundaries.
244	(b)  For the purpose of this subsection, the terms
245	"solicit" or "solicitation" shall include, but not be limited
246	to, seeking or attempting to seek any vote, fact, opinion, or
247	contribution; distributing or attempting to distribute any
248	political or campaign material, leaflet, or handout; conducting
249	a poll except as specified in this paragraph; seeking or
250	attempting to seek a signature on any petition; offering voting
251	or legal advice; and selling or attempting to sell any item,
252	whether in person or by means of audio or visual equipment. The
253	terms "solicit" or "solicitation" shall not be construed to
254	prohibit exit polling.
255	Section 7.  Section 103.141, Florida Statutes, is amended
256	to read:
257	103.141  Removal of county executive committee member for
258	violation of oath.-
259	(1)  If Where the county executive committee by at least a
260	two-thirds majority vote of the members of the committee,
261	attending a meeting held after due notice has been given and at
262	which meeting a quorum is present, determines an incumbent
263	county executive committee member is to be guilty of an offense
264	involving a violation of the member's oath of office, the said
265	member so violating his or her oath shall be removed from office
266	and the office shall be deemed vacant. Provided, However, if the
267	county committee wrongfully removes a county committee member
268	and the committee member so wrongfully removed files suit in the
269	circuit court alleging his or her removal was wrongful and wins
270	the said suit, the committee member shall be restored to office
271	and the county committee shall pay the costs incurred by the
272	wrongfully removed committee member in bringing the suit,
273	including reasonable attorney's fees.
274	(2)  Any officer, county committeeman, county
275	committeewoman, precinct committeeman, precinct committeewoman,
276	or member of a county executive committee may be removed from
277	office pursuant to s. 103.161.
278	Section 8.  Paragraph (c) of subsection (8) of section
279	106.07, Florida Statutes, is amended to read:
280	106.07  Reports; certification and filing.-
281	(8)
282	(c)  Any candidate or chair of a political committee may
283	appeal or dispute the fine, based upon, but not limited to,
284	unusual circumstances surrounding the failure to file on the
285	designated due date, and may request and shall be entitled to a
286	hearing before the Florida Elections Commission, which shall
287	have the authority to waive the fine in whole or in part. The
288	Florida Elections Commission must consider the mitigating and
289	aggravating circumstances contained in s. 106.265(1) when
290	determining the amount of a fine, if any, to be waived. Any such
291	request shall be made within 20 days after receipt of the notice
292	of payment due. In such case, the candidate or chair of the
293	political committee shall, within the 20-day period, notify the
294	filing officer in writing of his or her intention to bring the
295	matter before the commission.
296	Section 9.  Paragraph (c) of subsection (7) and subsection
297	(8) of section 106.0703, Florida Statutes, are amended to read:
298	106.0703  Electioneering communications organizations;
299	reporting requirements; certification and filing; penalties.-
300	(7)
301	(c)  The treasurer of an electioneering communications
302	organization may appeal or dispute the fine, based upon, but not
303	limited to, unusual circumstances surrounding the failure to
304	file on the designated due date, and may request and shall be
305	entitled to a hearing before the Florida Elections Commission,
306	which shall have the authority to waive the fine in whole or in
307	part. The Florida Elections Commission must consider the
308	mitigating and aggravating circumstances contained in s.
309	106.265(1) when determining the amount of a fine, if any, to be
310	waived. Any such request shall be made within 20 days after
311	receipt of the notice of payment due. In such case, the
312	treasurer of the electioneering communications organization
313	shall, within the 20-day period, notify the filing officer in
314	writing of his or her intention to bring the matter before the
315	commission.
316	(8)  An electioneering communications organization shall,
317	within 2 days after receiving its initial password or secure
318	sign-on from the Department of State allowing confidential
319	access to the department's electronic campaign finance filing
320	system, electronically file the periodic reports that would have
321	been required pursuant to this section for reportable activities
322	that occurred since the date of the last general election.
323	Section 10.  Section 106.265, Florida Statutes, is amended
324	to read:
325	106.265  Civil penalties.-
326	(1)  The commission, or in cases referred to the Division
327	of Administrative Hearings pursuant to s. 106.25(5), the
328	administrative law judge, is authorized upon the finding of a
329	violation of this chapter or chapter 104 to impose civil
330	penalties in the form of fines not to exceed $1,000 per count
331	or, if applicable, to impose a civil penalty as provided in s.
332	106.19.
333	(2)  In determining the amount of such civil penalties, the
334	commission or the administrative law judge shall consider, among
335	other mitigating and aggravating circumstances:
336	(a)  The gravity of the act or omission;
337	(b)  Any previous history of similar acts or omissions;
338	(c)  The appropriateness of such penalty to the financial
339	resources of the person, political committee, committee of
340	continuous existence, electioneering communications
341	organization, or political party; and
342	(d)  Whether the person, political committee, committee of
343	continuous existence, electioneering communications
344	organization, or political party has shown good faith in
345	attempting to comply with the provisions of this chapter or
346	chapter 104.
347	(3)(2)  If any person, political committee, committee of
348	continuous existence, electioneering communications
349	organization, or political party fails or refuses to pay to the
350	commission any civil penalties assessed pursuant to the
351	provisions of this section, the commission shall be responsible
352	for collecting the civil penalties resulting from such action.
353	(4)(3)  Any civil penalty collected pursuant to the
354	provisions of this section shall be deposited into the Election
355	Campaign Financing Trust Fund.
356	(5)(4)  Notwithstanding any other provisions of this
357	chapter, any fine assessed pursuant to the provisions of this
358	chapter, which fine is designated to be deposited or which would
359	otherwise be deposited into the General Revenue Fund of the
360	state, shall be deposited into the Election Campaign Financing
361	Trust Fund.
362	(6)(5)  In any case in which the commission determines that
363	a person has filed a complaint against another person with a
364	malicious intent to injure the reputation of the person
365	complained against by filing the complaint with knowledge that
366	the complaint contains one or more false allegations or with
367	reckless disregard for whether the complaint contains false
368	allegations of fact material to a violation of this chapter or
369	chapter 104, the complainant shall be liable for costs and
370	reasonable attorney's fees incurred in the defense of the person
371	complained against, including the costs and reasonable
372	attorney's fees incurred in proving entitlement to and the
373	amount of costs and fees. If the complainant fails to pay such
374	costs and fees voluntarily within 30 days following such finding
375	by the commission, the commission shall forward such information
376	to the Department of Legal Affairs, which shall bring a civil
377	action in a court of competent jurisdiction to recover the
378	amount of such costs and fees awarded by the commission.
379	Section 11.  Section 103.161, Florida Statutes, is
380	repealed.
381	Section 12.  This act shall take effect July 1, 2011.

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