Florida Senate - 2017                                      SB 72
       
       
        
       By Senator Clemens
       
       31-00102-17                                             201772__
    1                        A bill to be entitled                      
    2         An act relating to voter registration; amending s.
    3         97.057, F.S.; revising procedures governing voter
    4         registration by the Department of Highway Safety and
    5         Motor Vehicles; providing that driver license or
    6         identification card applications, driver license or
    7         identification card renewal applications, and changes
    8         of address for existing driver licenses or
    9         identification cards submitted to the department serve
   10         as voter registration applications; specifying that an
   11         applicant must consent to the use of his or her
   12         signature for voter registration purposes; requiring
   13         specified applications to include a voter registration
   14         component; specifying required content for the voter
   15         registration component; providing for paper-based
   16         applications; requiring the supervisor of elections to
   17         provide a notification of registration to each
   18         applicant; providing that an applicant is registered
   19         if he or she fails to respond to the notification
   20         within a specified timeframe; requiring the supervisor
   21         to forward declinations to the statewide voter
   22         registration system; amending s. 98.045, F.S.;
   23         conforming a cross-reference; providing an effective
   24         date.
   25  
   26         WHEREAS, voter registration is one of the biggest barriers
   27  to participation in our democracy, and
   28         WHEREAS, Congress enacted the National Voter Registration
   29  Act of 1993, commonly known as the “Motor Voter Act,” with
   30  findings recognizing that the right of citizens to vote is a
   31  fundamental right and that federal, state, and local governments
   32  have the duty to promote the exercise of this right, and
   33         WHEREAS, the Legislature intends to provide residents of
   34  this state with enhanced access to participate in democracy
   35  through exercise of their fundamental right to vote by
   36  streamlining and modernizing voter registration procedures used
   37  by the Department of Highway Safety and Motor Vehicles, NOW,
   38  THEREFORE,
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsections (1) through (5) of section 97.057,
   43  Florida Statutes, are amended, new subsections (6) and (7) are
   44  added to that section, and present subsections (6) through (12)
   45  of that section are renumbered as subsections (8) through (14),
   46  respectively, to read:
   47         97.057 Voter registration by the Department of Highway
   48  Safety and Motor Vehicles.—
   49         (Substantial rewording of subsections. See
   50         s. 97.057(1)-(5), F.S., for present text.)
   51         (1) Each of the following serves as an application to
   52  register to vote or to update a voter registration record when
   53  submitted to the Department of Highway Safety and Motor
   54  Vehicles:
   55         (a) An application for a driver license, including a
   56  renewal application or a change of address for an existing
   57  driver license.
   58         (b) An application for an identification card issued
   59  pursuant to chapter 322, including a renewal application or a
   60  change of address for an existing identification card.
   61  
   62  For voter registration purposes, an applicant must consent to
   63  the use of the signature from his or her driver license or
   64  identification card application unless the applicant declines to
   65  register to vote or declines to update his or her voter
   66  registration record.
   67         (2) An application for a driver license or an
   68  identification card must include a voter registration component.
   69  The voter registration component must be approved by the
   70  Department of State. The voter registration component of a
   71  driver license or identification card application must contain:
   72         (a) The minimum amount of information necessary to prevent
   73  duplicate voter registrations and preserve the ability of the
   74  department and supervisors of elections to assess the
   75  eligibility of the applicant and to administer voter
   76  registration and other provisions of the Florida Election Code.
   77         (b) A statement setting forth voting eligibility
   78  requirements.
   79         (c) An explanation that the applicant has consented, for
   80  voter registration purposes, to the use of his or her signature
   81  from the applicant’s driver license or identification card
   82  application. By consenting to the use of his or her signature,
   83  the applicant is deemed to have subscribed to the oath required
   84  by s. 3, Art. VI of the State Constitution and s. 97.051 and to
   85  have sworn and affirmed that the voter registration information
   86  contained in the application is true under penalty for false
   87  swearing pursuant to s. 104.011.
   88         (d) An option that allows the applicant to decline to
   89  register to vote or to decline to update his or her voter
   90  registration record. The Department of Highway Safety and Motor
   91  Vehicles shall note any such declination in its records and
   92  forward the declination to the statewide voter registration
   93  system.
   94         (3) The Department of Highway Safety and Motor Vehicles
   95  shall develop a voter registration component for paper-based
   96  renewal applications which meets the requirements in subsection
   97  (2). The voter registration component must be approved by the
   98  Department of State.
   99         (4) The Department of Highway Safety and Motor Vehicles
  100  shall electronically transmit the voter registration component
  101  of an applicant’s driver license or identification card
  102  application to the statewide voter registration system within 24
  103  hours after receipt. Upon receipt of the voter registration
  104  component, the Department of State shall provide the information
  105  to the supervisor of the county in which the applicant has been
  106  registered as an elector. For completed paper-based
  107  applications, the Department of Highway Safety and Motor
  108  Vehicles shall forward the voter registration component to the
  109  supervisor of the county where the office that processes or
  110  receives that application is located within 5 days after
  111  receipt.
  112         (5) Following receipt of voter registration information,
  113  the supervisor shall notify each applicant of the process to:
  114         (a) Decline being registered as an elector or decline to
  115  update his or her voter registration record.
  116         (b) Designate a party affiliation if the applicant is not
  117  currently registered to vote in this state.
  118         (6) If an applicant who is notified under subsection (5)
  119  does not decline to be registered as an elector or does not
  120  decline to update his or her voter registration record within 21
  121  calendar days after the supervisor issues the notification, the
  122  applicant’s voter registration component of his or her
  123  application constitutes a completed voter registration for
  124  purposes of this chapter. The applicant shall be registered to
  125  vote if the supervisor determines that the applicant is eligible
  126  to vote under s. 97.041 and the applicant is not already
  127  registered to vote. An applicant who does not respond to the
  128  notification to designate a party affiliation shall be
  129  registered without party affiliation as provided under s.
  130  97.053(5)(b).
  131         (7) If an applicant declines to register to vote or
  132  declines to update his or her voter registration record after
  133  receiving a notification issued pursuant to subsection (5), the
  134  supervisor shall note such declination in his or her records and
  135  forward the declination to the statewide voter registration
  136  system. However, an applicant’s declination may not be used for
  137  any purpose other than voter registration.
  138         Section 2. Paragraph (b) of subsection (4) of section
  139  98.045, Florida Statutes, is amended to read:
  140         98.045 Administration of voter registration.—
  141         (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
  142  STREET ADDRESSES.—
  143         (b) The department shall make the statewide database of
  144  valid street addresses available to the Department of Highway
  145  Safety and Motor Vehicles as provided in s. 97.057(12) s.
  146  97.057(10). The Department of Highway Safety and Motor Vehicles
  147  shall use the database for purposes of validating the legal
  148  residential addresses provided in voter registration
  149  applications received by the Department of Highway Safety and
  150  Motor Vehicles.
  151         Section 3. This act shall take effect January 1, 2018.