Florida Senate - 2016 SB 1698 By Senator Soto 14-01159A-16 20161698__ 1 A bill to be entitled 2 An act relating to elections; amending s. 100.032, 3 F.S.; requiring a supervisor of elections to submit an 4 election preparation report to the Department of State 5 within a specified time; requiring the department to 6 post the report on its website; amending s. 101.001, 7 F.S.; requiring a notice of intended changes to 8 precinct boundaries and polling places to be posted on 9 the websites of the department and supervisor of 10 elections within a specified time; requiring a 11 description of changes to precinct boundaries or 12 location of polling places to be posted on a 13 supervisor’s website within a specified time; creating 14 s. 101.0215, F.S.; requiring that primary elections be 15 open to all qualified electors, notwithstanding the 16 presence of a write-in candidate; amending s. 102.031, 17 F.S.; prohibiting certain private property owners from 18 restricting access to polling places or early voting 19 sites located on their property during certain 20 periods; providing an effective date. 21 22 WHEREAS, if all candidates for an office have the same 23 party affiliation and the winner will have no opposition in the 24 general election, Section 5(b) of Article VI of the State 25 Constitution specifies that, “all qualified electors, regardless 26 of party affiliation, may vote in the primary elections for that 27 office,” and 28 WHEREAS, although an open primary is required for races in 29 which all candidates have the same party affiliation and the 30 winner will have no opposition in the general election, the 31 State Constitution does not prohibit the Legislature from 32 establishing an open primary for races in which all candidates 33 whose names appear on the ballot have the same party affiliation 34 but the winner will have only one or more write-in candidates as 35 opposition in the general election, NOW, THEREFORE, 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Section 100.032, Florida Statutes, is amended to 40 read: 41 100.032 Election preparation report; general election.—At 42 least 3 months before a general election, each supervisor of 43 elections shall
mustpost a reporton his or her official 44 website and submit to the department, a report that at least 345 months before a general election whichoutlines preparations for 46 the upcoming general election. The report must include, at a 47 minimum, the following elements: the anticipated staffing levels 48 during the early voting period, on election day and after 49 election day; and the anticipated amount of automatic tabulating 50 equipment at each early voting site and polling place. The 51 department shall post the report on its official website upon 52 receipt from the supervisor. 53 Section 2. Subsection (1) and paragraph (a) of subsection 54 (4) of section 101.001, Florida Statutes, are amended to read: 55 101.001 Precincts and polling places; boundaries.— 56 (1)(a) The board of county commissioners in each county, 57 upon recommendation and approval of the supervisor, shall alter 58 or create precincts for voting in the county. Each precinct 59 shall be numbered and, as nearly as practicable, composed of 60 contiguous and compact areas. The supervisor shall designate a 61 polling place at a suitable location within each precinct. The 62 precinct shall not be changed thereafter except with the consent 63 of the supervisor and a majority of the members of the board of 64 county commissioners. The board of county commissioners and the 65 supervisor may have precinct boundaries conform to municipal 66 boundaries in accordance with the provisions of s. 101.002, but, 67 in any event, the registration books shall be maintained in such 68 a manner that there may be determined therefrom the total number 69 of electors in each municipality. 70 (b) At least 60 days before a board of county commissioners 71 approves or rejects the alteration or creation of a precinct, 72 and at least 60 days before the supervisor changes the location 73 of a polling place within a precinct, the supervisor shall 74 notify the department of the intended change. The supervisor and 75 the department shall make information regarding the intended 76 change available on their respective websites. 77 (4)(a) Within 10 days after there is any change in the 78 division, number, or boundaries of the precincts, or the 79 location of the polling places, the supervisor of elections 80 shall make in writing an accurate description of any new or 81 altered precincts, setting forth the boundary lines and shall 82 identify the location of each new or altered polling place. A 83 copy of the document describing such changes shall be posted at 84 the supervisor’s office and on the supervisor’s official 85 website. 86 Section 3. Section 101.0215, Florida Statutes, is created 87 to read: 88 101.0215 Write-in candidates; effect on primary elections. 89 If a primary election would, if not for the presence of one or 90 more write-in candidates, be open to all qualified electors 91 pursuant to s. 5(b), Art. VI of the State Constitution, the 92 primary election must be open to all qualified electors. 93 Section 4. Paragraph (d) of subsection (4) of section 94 102.031, Florida Statutes, is amended, and paragraph (a) of that 95 subsection is republished, to read: 96 102.031 Maintenance of good order at polls; authorities; 97 persons allowed in polling rooms and early voting areas; 98 unlawful solicitation of voters.— 99 (4)(a) No person, political committee, or other group or 100 organization may solicit voters inside the polling place or 101 within 100 feet of the entrance to any polling place, a polling 102 room where the polling place is also a polling room, an early 103 voting site, or an office of the supervisor of elections where 104 absentee ballots are requested and printed on demand for the 105 convenience of electors who appear in person to request them. 106 Before the opening of the polling place or early voting site, 107 the clerk or supervisor shall designate the no-solicitation zone 108 and mark the boundaries. 109 (d) Except as provided in paragraph (a), the supervisor or 110 the owner of any private property being used by the supervisor, 111 during the period that the private property is being used as a 112 polling place or an early voting site, may not designate a no 113 solicitation zone or otherwise restrict access to any person, 114 political committee, committee of continuous existence, 115 candidate, or other group or organization for the purposes of 116 soliciting voters. This paragraph applies to any public or 117 private property used as a polling place or early voting site, 118 including public or private property located outside of the no 119 solicitation zone. 120 Section 5. This act shall take effect July 1, 2016.