Florida Senate - 2014 SB 1132
By Senator Braynon
36-01318A-14 20141132__
1 A bill to be entitled
2 An act relating to elections; creating s. 97.0111,
3 F.S.; establishing the rights of the electorate;
4 requiring that any restriction on voting rights or any
5 change in voting practices be narrowly tailored to
6 serve a compelling state interest; providing equal
7 protection of the right to vote; authorizing the use
8 of a violation of the act as a claim or defense in a
9 judicial proceeding; providing an effective date.
10
11 WHEREAS, Florida has a long history of problems in election
12 administration which has resulted in significant barriers to
13 participation in the democratic process, and
14 WHEREAS, in 2011, the Florida Legislature passed House Bill
15 1355, which was signed into law by the Governor and yielded many
16 restrictive and undemocratic changes in election administration,
17 including the reduction of the number of early voting days,
18 stringent restrictions on third-party voter registration
19 organizations, and the requirement that certain electors
20 changing their addresses at polling places vote provisional
21 ballots, and
22 WHEREAS, as a result, many residents of this state
23 experienced long lines at early voting sites and polling places
24 in the 2012 general election, with wait times of several hours,
25 causing potentially thousands of voters to leave early voting
26 sites and polling places before exercising their right to vote,
27 and
28 WHEREAS, in 2012, the Florida Department of State issued
29 inaccurate lists of potential noncitizen voters to county
30 supervisors of elections, which created confusion among
31 predominantly minority voters, and
32 WHEREAS, the right to vote is the most precious of all
33 American rights, and the right to free, fair, and accessible
34 elections should be a fundamental right, NOW, THEREFORE,
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Section 97.0111, Florida Statutes, is created to
39 read:
40 97.0111 Rights of the electorate.—
41 (1) A United States citizen who is at least 18 years of age
42 and who is a resident of this state has an explicit, fundamental
43 right to vote in any election held in the political subdivision
44 in which the citizen resides. The right to vote may not be
45 denied or abridged by this state or its political subdivisions
46 or by any private or public entity or person. Any restriction on
47 voting rights, or any change in voting practices or procedures
48 which would diminish access to the ballot, must be narrowly
49 tailored to serve a compelling state interest.
50 (2) A United States citizen who is at least 18 years of age
51 and who is a resident of this state shall have equal protection
52 of his or her right to vote.
53 (3) A person whose right to vote has been denied or
54 abridged by this state or its political subdivisions or by any
55 private or public entity or person in violation of this section
56 may assert such violation as a claim or defense in a judicial
57 proceeding to obtain appropriate relief.
58 Section 2. This act shall take effect upon becoming a law.