Florida Senate - 2014                                    SB 1246
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-01317-14                                           20141246__
    1                        A bill to be entitled                      
    2         An act relating to elections; providing a short title;
    3         creating s. 97.029, F.S.; declaring the policy of this
    4         state; requiring the Attorney General or attorney of a
    5         political subdivision to petition the Florida Supreme
    6         Court for review of any change in voting
    7         qualifications, prerequisites, standards, practices,
    8         or procedures; requiring the court to enter a judgment
    9         within a specified timeframe; prohibiting the state or
   10         its political subdivisions from enforcing a change in
   11         voting before a judgment is entered; providing that
   12         finding of a specific intent to discriminate is not
   13         required to invalidate a change; providing for
   14         judicial relief; providing for construction; providing
   15         an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as the “Florida Voting
   20  Rights Act.”
   21         Section 2. Section 97.029, Florida Statutes, is created to
   22  read:
   23         97.029 Judicial review of election procedures.—
   24         (1) The Legislature declares that it is the policy of this
   25  state to protect electors against discrimination based on
   26  gender, race, age, income level, sexual orientation, language,
   27  religion, or disability. The Legislature further declares that
   28  any restriction on voting rights or any change in the standard,
   29  practice, or procedure with respect to voting which would result
   30  in denying or abridging the opportunity of a protected class to
   31  vote, elect a candidate of their choice, or influence the
   32  outcome of an election may not be imposed by this state or its
   33  political subdivisions.
   34         (2) If this state or any of its political subdivisions
   35  enacts or seeks to administer any voting qualification or
   36  prerequisite to voting or any standard, practice, or procedure
   37  with respect to voting which is different from the
   38  qualification, prerequisite, standard, practice, or procedure in
   39  force or effect on July 1, 2014, the Attorney General shall
   40  petition the Florida Supreme Court for a declaratory judgment
   41  within 30 days to determine if such change will have the effect
   42  of denying or abridging the right to vote in contravention of
   43  the rights established in subsection (1). For changes to
   44  procedures limited to a county or municipality, the attorney for
   45  the respective political subdivision shall petition the court.
   46         (a) The court shall allow adversary interests to present
   47  their views and, within 45 days after the filing of the
   48  petition, shall enter its judgment. The change in qualification,
   49  prerequisite, standard, practice, or procedure may not be
   50  enforced or administered until the court has entered a judgment
   51  finding compliance with this section.
   52         (b) Proof of a specific intent of an official to
   53  discriminate against a protected class of electors based on the
   54  factors enumerated in subsection (1) is not required in order to
   55  invalidate a qualification, prerequisite, standard, practice, or
   56  procedure.
   57         (c) Changes to election standards subject to review by the
   58  court include, but are not limited to, redistricting plans,
   59  early voting, absentee voting, provisional ballots, poll worker
   60  hiring and training, list maintenance, and voter registration.
   61         (3) An affected party, including an organization on behalf
   62  of such party, may bring an action to enforce the provisions of
   63  this section.
   64         (4) This section does not supersede or impair any federal
   65  or state law providing for expanded voting rights.
   66         Section 3. This act shall take effect upon becoming a law.