Florida Senate - 2012                                    SB 1636
       
       
       
       By Senator Rich
       
       
       
       
       34-01279A-12                                          20121636__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 97.0575,
    3         F.S.; increasing the amount of time that third-party
    4         voter registration organizations are allowed to hold
    5         collected voter registration applications before
    6         submitting them; deleting a provision that authorizes
    7         the Secretary of State to refer matters to the
    8         Attorney General for civil action when the secretary
    9         reasonably believes that a third-party voter
   10         registration violation has occurred; amending s.
   11         100.371, F.S.; increasing the amount of time that a
   12         signature on a ballot initiative petition is valid;
   13         amending s. 101.045, F.S.; permitting an elector to
   14         vote in the precinct to which he or she has moved his
   15         or her legal residence if the elector completes a
   16         certain affirmation; amending s. 101.657, F.S.;
   17         increasing the time allowed for early voting by
   18         beginning 15 days before a state or federal election
   19         and ending on the second day before the election;
   20         providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsections (5), (6), and (7) of section
   25  97.0575, Florida Statutes, are renumbered as subsections (4),
   26  (5), and (6), respectively, and paragraph (a) of subsection (3)
   27  and present subsection (4) of that section are amended to read:
   28         97.0575 Third-party voter registrations.—
   29         (3)(a) A third-party voter registration organization that
   30  collects voter registration applications serves as a fiduciary
   31  to the applicant, ensuring that any voter registration
   32  application entrusted to the organization, irrespective of party
   33  affiliation, race, ethnicity, or gender, shall be promptly
   34  delivered to the division or the supervisor of elections within
   35  10 days 48 hours after the applicant completes it or the next
   36  business day if the appropriate office is closed for that 48
   37  hour period. If a voter registration application collected by
   38  any third-party voter registration organization is not promptly
   39  delivered to the division or supervisor of elections, the third
   40  party voter registration organization is liable for the
   41  following fines:
   42         1. 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 48 hours after the applicant delivered the
   45  completed voter registration application to the third-party
   46  voter registration organization or any person, entity, or agent
   47  acting on its behalf or the next business day, if the office is
   48  closed. A fine in the amount of $250 for each application
   49  received if the third-party voter registration organization or
   50  person, entity, or agency acting on its behalf acted willfully.
   51         2. A fine in the amount of $100 for each application
   52  collected by a third-party voter registration organization or
   53  any person, entity, or agent acting on its behalf, before book
   54  closing for any given election for federal or state office and
   55  received by the division or the supervisor of elections after
   56  the book-closing deadline for such election. A fine in the
   57  amount of $500 for each application received if the third-party
   58  registration organization or person, entity, or agency acting on
   59  its behalf acted willfully.
   60         3. A fine in the amount of $500 for each application
   61  collected by a third-party voter registration organization or
   62  any person, entity, or agent acting on its behalf, which is not
   63  submitted to the division or supervisor of elections. A fine in
   64  the amount of $1,000 for any application not submitted if the
   65  third-party voter registration organization or person, entity,
   66  or agency acting on its behalf acted willfully.
   67  
   68  The aggregate fine pursuant to this paragraph which may be
   69  assessed against a third-party voter registration organization,
   70  including affiliate organizations, for violations committed in a
   71  calendar year is $1,000.
   72         (4) If the Secretary of State reasonably believes that a
   73  person has committed a violation of this section, the secretary
   74  may refer the matter to the Attorney General for enforcement.
   75  The Attorney General may institute a civil action for a
   76  violation of this section or to prevent a violation of this
   77  section. An action for relief may include a permanent or
   78  temporary injunction, a restraining order, or any other
   79  appropriate order.
   80         Section 2. Subsection (3) of section 100.371, Florida
   81  Statutes, is amended to read:
   82         100.371 Initiatives; procedure for placement on ballot.—
   83         (3) An initiative petition form circulated for signature
   84  may not be bundled with or attached to any other petition. Each
   85  signature shall be dated when made and shall be valid for a
   86  period of 4 2 years following such date, provided all other
   87  requirements of law are met. The sponsor shall submit signed and
   88  dated forms to the supervisor of elections for the county of
   89  residence listed by the person signing the form for verification
   90  of the number of valid signatures obtained. If a signature on a
   91  petition is from a registered voter in another county, the
   92  supervisor shall notify the petition sponsor of the misfiled
   93  petition. The supervisor shall promptly verify the signatures
   94  within 30 days after receipt of the petition forms and payment
   95  of the fee required by s. 99.097. The supervisor shall promptly
   96  record, in the manner prescribed by the Secretary of State, the
   97  date each form is received by the supervisor, and the date the
   98  signature on the form is verified as valid. The supervisor may
   99  verify that the signature on a form is valid only if:
  100         (a) The form contains the original signature of the
  101  purported elector.
  102         (b) The purported elector has accurately recorded on the
  103  form the date on which he or she signed the form.
  104         (c) The form sets forth the purported elector’s name,
  105  address, city, county, and voter registration number or date of
  106  birth.
  107         (d) The purported elector is, at the time he or she signs
  108  the form and at the time the form is verified, a duly qualified
  109  and registered elector in the state.
  110  
  111  The supervisor shall retain the signature forms for at least 1
  112  year following the election in which the issue appeared on the
  113  ballot or until the Division of Elections notifies the
  114  supervisors of elections that the committee that circulated the
  115  petition is no longer seeking to obtain ballot position.
  116         Section 3. Subsection (2) of section 101.045, Florida
  117  Statutes, is amended to read:
  118         101.045 Electors must be registered in precinct; provisions
  119  for change of residence or name.—
  120         (2)(a) An elector who moves from the precinct in which the
  121  elector is registered may be permitted to vote in the precinct
  122  to which he or she has moved his or her legal residence, if the
  123  change of residence is within the same county and the elector
  124  completes an affirmation in substantially the following form:
  125  
  126               Change of Legal Residence of Registered             
  127                                Voter                              
  128  
  129  Under penalties for false swearing, I, ...(Name of voter)...,
  130  swear (or affirm) that the former address of my legal residence
  131  was ...(Address of legal residence)... in the municipality of
  132  ...., in .... County, Florida, and I was registered to vote in
  133  the .... precinct of .... County, Florida; that I have not voted
  134  in the precinct of my former registration in this election; that
  135  I now reside at ...(Address of legal residence)... in the
  136  Municipality of ...., in .... County, Florida, and am therefore
  137  eligible to vote in the .... precinct of .... County, Florida;
  138  and I further swear (or affirm) that I am otherwise legally
  139  registered and entitled to vote.
  140  ...(Signature of voter whose address of legal residence has
  141  changed)...
  142         (b) Except for an active uniformed services voter or a
  143  member of his or her family, an elector whose change of address
  144  is from outside the county may not change his or her legal
  145  residence at the polling place and vote a regular ballot;
  146  however, such elector is entitled to vote a provisional ballot.
  147         (b)(c) An elector whose name changes because of marriage or
  148  other legal process may be permitted to vote, provided such
  149  elector completes an affirmation in substantially the following
  150  form:
  151  
  152                    Change of Name of Registered                   
  153                                Voter                              
  154  
  155  Under penalties for false swearing, I, ...(New name of
  156  voter)..., swear (or affirm) that my name has been changed
  157  because of marriage or other legal process. My former name and
  158  address of legal residence appear on the registration records of
  159  precinct .... as follows:
  160  Name............................................................
  161  Address.........................................................
  162  Municipality....................................................
  163  County..........................................................
  164  Florida, Zip....................................................
  165  My present name and address of legal residence are as follows:
  166  Name............................................................
  167  Address.........................................................
  168  Municipality....................................................
  169  County..........................................................
  170  Florida, Zip....................................................
  171  and I further swear (or affirm) that I am otherwise legally
  172  registered and entitled to vote.
  173  
  174  ...(Signature of voter whose name has changed)...
  175  
  176         (c)(d) Instead of the affirmation contained in paragraph
  177  (a) or paragraph (b) (c), an elector may complete a voter
  178  registration application that indicates the change of name or
  179  change of address of legal residence.
  180         (d)(e) Such affirmation or application, when completed and
  181  presented at the precinct in which such elector is entitled to
  182  vote, and upon verification of the elector’s registration, shall
  183  entitle such elector to vote as provided in this subsection. If
  184  the elector’s eligibility to vote cannot be determined, he or
  185  she shall be entitled to vote a provisional ballot, subject to
  186  the requirements and procedures in s. 101.048. Upon receipt of
  187  an affirmation or application certifying a change in address of
  188  legal residence or name, the supervisor shall as soon as
  189  practicable make the necessary changes in the statewide voter
  190  registration system to indicate the change in address of legal
  191  residence or name of such elector.
  192         Section 4. Paragraph (d) of subsection (1) of section
  193  101.657, Florida Statutes, is amended to read:
  194         101.657 Early voting.—
  195         (1)
  196         (d) Early voting shall begin on the 15th 10th day before an
  197  election that contains state or federal races and end on the 2nd
  198  3rd day before the election, and shall be provided for no less
  199  than 6 hours and no more than 12 hours per day at each site
  200  during the applicable period. The supervisor of elections may
  201  provide early voting for elections that are not held in
  202  conjunction with a state or federal election. However, the
  203  supervisor has the discretion to determine the hours of
  204  operation of early voting sites in those elections.
  205         Section 5. This act shall take effect July 1, 2012.