Florida Senate - 2017                             CS for SB 1070
       By the Committee on Ethics and Elections; and Senator Hutson
       582-03402-17                                          20171070c1
    1                        A bill to be entitled                      
    2         An act relating to voter registration list
    3         maintenance; amending s. 98.075, F.S.; authorizing the
    4         Department of State to enter into certain interstate
    5         agreements or become a member of a nongovernmental
    6         entity to verify voter registration information;
    7         requiring the department to share certain information
    8         with supervisors of elections; establishing
    9         requirements for participation in such agreements or
   10         memberships; establishing reporting requirements;
   11         providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (2) of section 98.075, Florida
   16  Statutes, is amended to read:
   17         98.075 Registration records maintenance activities;
   18  ineligibility determinations.—
   19         (2) DUPLICATE REGISTRATION.—
   20         (a) The department shall identify those voters who are
   21  registered more than once within the state or those applicants
   22  whose registration applications within the state would result in
   23  duplicate registrations. The most recent application shall be
   24  deemed an update to the voter registration record.
   25         (b)1. The department may enter into interstate agreements
   26  or become a member of a nongovernmental entity whose membership
   27  is composed solely of state government election officials if the
   28  sole purpose of the agreement or membership is to share and
   29  exchange information in order to verify voter registration
   30  information. If the department intends to become a member of
   31  such a nongovernmental entity, the agreement to join the entity
   32  must require that the Secretary of State, or his or her
   33  designee, serve as a full member with voting rights on the
   34  nongovernmental entity’s board of directors. The department
   35  shall provide information it receives as a result of the
   36  agreements or memberships to the supervisors to conduct
   37  registration list maintenance activities.
   38         2. If the department enters into an interstate agreement or
   39  becomes a member of a nongovernmental entity pursuant to
   40  subparagraph 1., each state that is a participant in the
   41  agreement or a member of the nongovernmental entity must agree
   42  to maintain the confidentiality of personal information as
   43  required by the laws of the state supplying the information to
   44  the entity or participating states. The bylaws of a
   45  nongovernmental entity must also contain a provision requiring
   46  member states and the entity to maintain the confidentiality of
   47  personal information as required by the laws of the state
   48  supplying the information to the entity.
   49         3. The department may only participate in an interstate
   50  agreement or become a member of a nongovernmental entity as
   51  provided in subparagraph 1. if the agreement or entity is
   52  controlled and operated by the participating states. The
   53  interstate agreement or entity may not be operated or controlled
   54  by the Federal Government or any other entity acting on behalf
   55  of the Federal Government. The department must be able to
   56  withdraw at any time from any interstate agreement or membership
   57  entered into.
   58         4. If the department enters into an interstate agreement or
   59  becomes a member of a nongovernmental entity as provided in
   60  subparagraph 1., the department must submit a report to the
   61  Governor, the President of the Senate, and the Speaker of the
   62  House of Representatives by December 1 of each year. The report
   63  must describe the agreement or membership and provide
   64  information on the total number of voters removed from the voter
   65  registration system as a result of the agreement or membership
   66  and the reasons for their removal.
   67         Section 2. This act shall take effect July 1, 2017.