Florida Senate - 2023 SENATOR AMENDMENT
Bill No. CS for SB 7050
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LEGISLATIVE ACTION
Senate . House
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Senator Hutson moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (17) of section 97.012, Florida
6 Statutes, is amended to read:
7 97.012 Secretary of State as chief election officer.—The
8 Secretary of State is the chief election officer of the state,
9 and it is his or her responsibility to:
10 (17) Provide mandatory formal signature matching training
11 to supervisors of elections and county canvassing board members.
12 Any person whose duties require verification of signatures must
13 undergo signature matching training. The department shall adopt
14 rules governing signature matching procedures and training.
15 Section 2. Paragraph (g) of subsection (3) of section
16 97.052, Florida Statutes, is amended to read:
17 97.052 Uniform statewide voter registration application.—
18 (3) The uniform statewide voter registration application
19 must also contain:
20 (g) A statement informing the applicant that if the
21 application is being collected by a third-party voter
22 registration organization, the organization might not deliver
23 the application to the division or the supervisor in the county
24 in which the applicant resides in less than 10 14 days or before
25 registration closes for the next ensuing election, and that the
26 applicant may instead elect to deliver the application in person
27 or by mail or choose to register online. The statement must
28 further inform the applicant how to determine whether the
29 application has been delivered.
30 Section 3. Subsection (13) of section 97.057, Florida
31 Statutes, is amended to read:
32 97.057 Voter registration by the Department of Highway
33 Safety and Motor Vehicles.—
34 (13) The Department of Highway Safety and Motor Vehicles
35 must assist the Department of State in regularly identifying
36 changes in residence address on the driver license or
37 identification card of a voter. The Department of State must
38 report each such change to the appropriate supervisor of
39 elections who must change the voter’s registration records in
40 accordance with s. 98.065(4) s. 98.065(5).
41 Section 4. Section 97.0575, Florida Statutes, is amended to
42 read:
43 97.0575 Third-party voter registration organizations
44 registrations.—
45 (1) Before engaging in any voter registration activities, a
46 third-party voter registration organization must register and
47 provide to the division, in an electronic format, the following
48 information:
49 (a) The names of the officers of the organization and the
50 name and permanent address of the organization.
51 (b) The name and address of the organization’s registered
52 agent in the state.
53 (c) The names, permanent addresses, and temporary
54 addresses, if any, of each registration agent registering
55 persons to vote in this state on behalf of the organization.
56 This paragraph does not apply to persons who only solicit
57 applications and do not collect or handle voter registration
58 applications.
59 (d) Beginning November 6, 2024, the specific general
60 election cycle for which the third-party voter registration
61 organization is registering persons to vote.
62 (e) An affirmation that each person collecting or handling
63 voter registration applications on behalf of the third-party
64 voter registration organization has not been convicted of a
65 felony violation of the Election Code, a felony violation of an
66 offense specified in s. 825.103, a felony offense specified in
67 s. 98.0751(2)(b) or (c), or a felony offense specified in
68 chapter 817, chapter 831, or chapter 837. A third-party voter
69 registration organization is liable for a fine in the amount of
70 $50,000 for each such person who has been convicted of a felony
71 violation of the Election Code, a felony violation of an offense
72 specified in s. 825.103, a felony offense specified in s.
73 98.0751(2)(b) or (c), or a felony offense specified in chapter
74 817, chapter 831, or chapter 837 who is collecting or handling
75 voter registration applications on behalf of the third-party
76 voter registration organization.
77 (f) An affirmation that each person collecting or handling
78 voter registration applications on behalf of the third-party
79 voter registration organization is a citizen of the United
80 States of America. A third-party voter registration organization
81 is liable for a fine in the amount of $50,000 for each such
82 person who is not a citizen and is collecting or handling voter
83 registration applications on behalf of the third-party voter
84 registration organization.
85 (2) Beginning November 6, 2024, the registration of a
86 third-party voter registration organization automatically
87 expires at the conclusion of the specific general election cycle
88 for which the third-party voter registration organization is
89 registered.
90 (3)(2) The division or the supervisor of elections shall
91 make voter registration forms available to third-party voter
92 registration organizations. All such forms must contain
93 information identifying the organization to which the forms are
94 provided. The division shall maintain a database of all third
95 party voter registration organizations and the voter
96 registration forms assigned to the third-party voter
97 registration organization. Each supervisor of elections shall
98 provide to the division information on voter registration forms
99 assigned to and received from third-party voter registration
100 organizations. The information must be provided in a format and
101 at times as required by the division by rule. The division shall
102 must update information on third-party voter registrations daily
103 and make the information publicly available.
104 (4) A third-party voter registration organization that
105 collects voter registration applications shall provide a receipt
106 to an applicant upon accepting possession of his or her
107 application. The division shall adopt by rule a uniform format
108 for the receipt by October 1, 2023. The format must include, but
109 need not be limited to, the name of the applicant, the date the
110 application is received, the name of the third-party voter
111 registration organization, the name of the registration agent,
112 the applicant’s political party affiliation, and the county in
113 which the applicant resides.
114 (5)(a)(3)(a) A third-party voter registration organization
115 that collects voter registration applications serves as a
116 fiduciary to the applicant and shall ensure, ensuring that any
117 voter registration application entrusted to the organization,
118 irrespective of party affiliation, race, ethnicity, or gender,
119 is must be promptly delivered to the division or the supervisor
120 of elections in the county in which the applicant resides within
121 10 14 days after the application is was completed by the
122 applicant, but not after registration closes for the next
123 ensuing election. If a voter registration application collected
124 by any third-party voter registration organization is not
125 promptly delivered to the division or supervisor of elections in
126 the county in which the applicant resides, the third-party voter
127 registration organization is liable for the following fines:
128 1. A fine in the amount of $50 per each day late, up to
129 $2,500, for each application received by the division or the
130 supervisor of elections in the county in which the applicant
131 resides more than 10 14 days after the applicant delivered the
132 completed voter registration application to the third-party
133 voter registration organization or any person, entity, or agent
134 acting on its behalf. A fine in the amount of $2,500 $250 for
135 each application received if the third-party voter registration
136 organization or person, entity, or agency acting on its behalf
137 acted willfully.
138 2. A fine in the amount of $100 per each day late, up to
139 $5,000, for each application collected by a third-party voter
140 registration organization or any person, entity, or agent acting
141 on its behalf, before book closing for any given election for
142 federal or state office and received by the division or the
143 supervisor of elections in the county in which the applicant
144 resides after the book-closing deadline for such election. A
145 fine in the amount of $5,000 $500 for each application received
146 if the third-party voter registration organization or any
147 person, entity, or agency acting on its behalf acted willfully.
148 3. A fine in the amount of $500 for each application
149 collected by a third-party voter registration organization or
150 any person, entity, or agent acting on its behalf, which is not
151 submitted to the division or supervisor of elections in the
152 county in which the applicant resides. A fine in the amount of
153 $5,000 $1,000 for any application not submitted if the third
154 party voter registration organization or person, entity, or
155 agency acting on its behalf acted willfully.
156
157 The aggregate fine which may be assessed pursuant to this
158 paragraph which may be assessed against a third-party voter
159 registration organization, including affiliate organizations,
160 for violations committed in a calendar year is $250,000 $50,000.
161 (b) A showing by the third-party voter registration
162 organization that the failure to deliver the voter registration
163 application within the required timeframe is based upon force
164 majeure or impossibility of performance shall be an affirmative
165 defense to a violation of this subsection. The secretary may
166 waive the fines described in this subsection upon a showing that
167 the failure to deliver the voter registration application
168 promptly is based upon force majeure or impossibility of
169 performance.
170 (6)(4) If a person collecting voter registration
171 applications on behalf of a third-party voter registration
172 organization alters the voter registration application of any
173 other person, without the other person’s knowledge and consent,
174 in violation of s. 104.012(4) and is subsequently convicted of
175 such offense, the applicable third-party voter registration
176 organization is liable for a fine in the amount of $5,000 $1,000
177 for each application altered.
178 (7) If a person collecting voter registration applications
179 on behalf of a third-party voter registration organization
180 copies a voter’s application or retains a voter’s personal
181 information, such as the voter’s Florida driver license number,
182 Florida identification card number, social security number, or
183 signature, for any reason other than to provide such application
184 or information to the third-party voter registration
185 organization in compliance with this section, the person commits
186 a felony of the third degree, punishable as provided in s.
187 775.082, s. 775.083, or s. 775.084.
188 (8)(5) If the Secretary of State reasonably believes that a
189 person has committed a violation of this section, the secretary
190 may refer the matter to the Attorney General for enforcement.
191 The Attorney General may institute a civil action for a
192 violation of this section or to prevent a violation of this
193 section. An action for relief may include a permanent or
194 temporary injunction, a restraining order, or any other
195 appropriate order.
196 (9)(6) The division shall adopt by rule a form to elicit
197 specific information concerning the facts and circumstances from
198 a person who claims to have been registered to vote by a third
199 party voter registration organization but who does not appear as
200 an active voter on the voter registration rolls. The division
201 shall also adopt rules to ensure the integrity of the
202 registration process, including controls to ensure that all
203 completed forms are promptly delivered to the division or a
204 supervisor in the county in which the applicant resides.
205 (10)(7) The date on which an applicant signs a voter
206 registration application is presumed to be the date on which the
207 third-party voter registration organization received or
208 collected the voter registration application.
209 (11) A third-party voter registration organization may not
210 mail or otherwise provide a voter registration application upon
211 which any information about an applicant has been filled in
212 before it is provided to the applicant. A third-party voter
213 registration organization that violates this section is liable
214 for a fine in the amount of $50 for each such application.
215 (12)(8) The requirements of this section are retroactive
216 for any third-party voter registration organization registered
217 with the department as of July 1, 2023 on the effective date of
218 this act, and must be complied with within 90 days after the
219 department provides notice to the third-party voter registration
220 organization of the requirements contained in this section.
221 Failure of the third-party voter registration organization to
222 comply with the requirements within 90 days after receipt of the
223 notice shall automatically result in the cancellation of the
224 third-party voter registration organization’s registration.
225 Section 5. Subsections (1) and (3) of section 97.071,
226 Florida Statutes, are amended to read:
227 97.071 Voter information card.—
228 (1) A voter information card must shall be furnished by the
229 supervisor to all registered voters residing in the supervisor’s
230 county. The card must contain:
231 (a) Voter’s registration number.
232 (b) Date of registration.
233 (c) Full name.
234 (d) Party affiliation.
235 (e) Date of birth.
236 (f) Address of legal residence.
237 (g) Precinct number.
238 (h) Polling place address and a link to the supervisor’s
239 website to provide the most current polling place locations.
240 (i) Name of supervisor and contact information of
241 supervisor.
242 (j) The following statement: “This card is for information
243 purposes only. This card is proof of registration but is not
244 legal verification of eligibility to vote. It is the
245 responsibility of a voter to keep his or her eligibility status
246 current. A voter may confirm his or her eligibility to vote with
247 the Department of State.”
248 (k)(j) Other information deemed necessary by the
249 supervisor.
250 (3) In the case of a change of name, address of legal
251 residence, polling place address, or party affiliation, the
252 supervisor shall issue the voter a new voter information card. A
253 temporary change made to a polling location pursuant to ss.
254 101.71 and 101.74 does not require the issuance of a new voter
255 information card.
256 Section 6. The amendments made to s. 97.071, Florida
257 Statutes, by this act, only apply to new and replacement voter
258 information cards issued on or after July 1, 2023.
259 Section 7. Subsections (2), (3), and (4), paragraph (c) of
260 subsection (5), and paragraph (a) of subsection (7) of section
261 98.065, Florida Statutes, are amended, and a new subsection (6)
262 is added to that section, to read:
263 98.065 Registration list maintenance programs.—
264 (2) A supervisor must incorporate one or more of the
265 following procedures in the supervisor’s annual registration
266 list maintenance program under which the supervisor shall:
267 (a) Use change-of-address information supplied by the
268 United States Postal Service through its licensees to identify
269 registered voters whose addresses might have changed.
270 Additionally, in odd-numbered years, unless the supervisor is
271 conducting the procedure specified in paragraph (b), the
272 supervisor must identify change-of-address information from
273 address confirmation final notices returned nonforwardable
274 return-if-undeliverable address confirmation requests mailed to
275 all registered voters who have not voted in the preceding two
276 general elections or any intervening election and who have not
277 made a request that their registration records be updated during
278 that time; or
279 (b) Identify change-of-address information from returned
280 nonforwardable return-if-undeliverable address confirmation
281 requests mail sent to all registered voters in the county.
282 (3) Address confirmation requests sent pursuant to
283 paragraph (2)(a) and mail sent pursuant to paragraph (b) must be
284 addressed to the voter’s address of legal residence, not
285 including voters temporarily residing outside the county and
286 registered in the precinct designated by the supervisor pursuant
287 to s. 101.045(1). If a request is returned as undeliverable, any
288 other notification sent to the voter pursuant to subsection (5)
289 or s. 98.0655 must be addressed to the voter’s mailing address
290 on file, if any.
291 (3)(4) A registration list maintenance program must be
292 conducted by each supervisor, at a minimum, once each year,
293 beginning no later than April 1, and must be completed at least
294 not later than 90 days before the date of any federal election.
295 All list maintenance actions associated with each voter must be
296 entered, tracked, recorded, and maintained in the statewide
297 voter registration system.
298 (4)(5)
299 (c) If an address confirmation request required by
300 paragraph (2)(b) (2)(a) is returned as undeliverable without
301 indication of an address change, or there is no response from
302 the voter within 30 days, or if any other nonforwardable return
303 if-undeliverable mail is returned as undeliverable with no
304 indication of an address change, the supervisor must shall send
305 an address confirmation final notice to all addresses on file
306 for the voter.
307 (6) The supervisor shall, at a minimum, conduct an annual
308 review of voter registration records to identify registration
309 records in which a voter is registered at an address that may
310 not be an address of legal residence for the voter. For those
311 registration records with such addresses that the supervisor has
312 reasonable belief are not legal residential addresses, the
313 supervisor shall initiate list maintenance activities pursuant
314 to s. 98.075(6) and (7).
315 (7)(a) No later than July 31 and January 31 of each year,
316 the supervisor must certify to the department the address list
317 maintenance activities conducted during the first 6 months and
318 the second 6 months of the year, respectively, including the
319 number of address confirmation requests sent, the number of
320 voters designated as inactive, and the number of voters removed
321 from the statewide voter registration system.
322 Section 8. Paragraph (c) of subsection (1) of section
323 98.0655, Florida Statutes, is amended to read:
324 98.0655 Registration list maintenance forms.—The department
325 shall prescribe registration list maintenance forms to be used
326 by the supervisors which must include:
327 (1) An address confirmation request that must contain:
328 (c) If the address confirmation request is required by s.
329 98.065(2)(a), a statement that if the voter has not changed his
330 or her legal residence or has changed his or her legal residence
331 within the state, the voter should return the form within 30
332 days after the date on which the notice was sent to the voter;
333 and
334 Section 9. Paragraph (c) of subsection (2) and subsections
335 (3) through (8) of section 98.075, Florida Statutes, are amended
336 to read:
337 98.075 Registration records maintenance activities;
338 ineligibility determinations.—
339 (2) DUPLICATE REGISTRATION.—
340 (c) Information received by the department from another
341 state or the District of Columbia upon the department becoming a
342 member of a nongovernmental entity as provided in subparagraph
343 (b)1., which is confidential or exempt pursuant to the laws of
344 that state or the District of Columbia, is exempt from s.
345 119.07(1) and s. 24(a), Art. I of the State Constitution. The
346 department shall provide such information to the supervisors to
347 conduct registration list maintenance activities. This paragraph
348 is subject to the Open Government Sunset Review Act in
349 accordance with s. 119.15 and shall stand repealed on October 2,
350 2023, unless reviewed and saved from repeal through reenactment
351 by the Legislature.
352 (3) DECEASED PERSONS.—
353 (a)1. The department shall identify those registered voters
354 who are deceased by comparing information received from:
355 a. The Department of Health as provided in s. 98.093;
356 b. The United States Social Security Administration,
357 including, but not limited to, any master death file or index
358 compiled by the United States Social Security Administration;
359 and
360 c. The Department of Highway Safety and Motor Vehicles.
361 2. Within 7 days after receipt of such information through
362 the statewide voter registration system, the supervisor shall
363 remove the name of the registered voter.
364 (b) The supervisor shall remove the name of a deceased
365 registered voter from the statewide voter registration system
366 within 7 days after upon receipt of a copy of a death
367 certificate issued by a governmental agency authorized to issue
368 death certificates.
369 (4) ADJUDICATION OF MENTAL INCAPACITY.—The department shall
370 identify those registered voters who have been adjudicated
371 mentally incapacitated with respect to voting and who have not
372 had their voting rights restored by comparing information
373 received from the clerk of the circuit court as provided in s.
374 98.093. The department shall review such information and make an
375 initial determination as to whether the information is credible
376 and reliable. If the department determines that the information
377 is credible and reliable, the department must shall notify the
378 supervisor and provide a copy of the supporting documentation
379 indicating the potential ineligibility of the voter to be
380 registered. Upon receipt of the notice that the department has
381 made a determination of initial credibility and reliability, the
382 supervisor shall adhere to the procedures set forth in
383 subsection (7) before prior to the removal of a registered voter
384 from the statewide voter registration system.
385 (5) FELONY CONVICTION.—
386 (a) The department shall identify those registered voters
387 who have been convicted of a felony and whose voting rights have
388 not been restored by comparing information received from, but
389 not limited to, a clerk of the circuit court, the Board of
390 Executive Clemency, the Department of Corrections, the
391 Department of Law Enforcement, or a United States Attorney’s
392 Office, as provided in s. 98.093. The department shall review
393 such information and make an initial determination as to whether
394 the information is credible and reliable. If the department
395 determines that the information is credible and reliable, the
396 department must shall notify the supervisor and provide a copy
397 of the supporting documentation indicating the potential
398 ineligibility of the voter to be registered. Upon receipt of the
399 notice that the department has made a determination of initial
400 credibility and reliability, the supervisor shall adhere to the
401 procedures set forth in subsection (7) before prior to the
402 removal of a registered voter’s name from the statewide voter
403 registration system.
404 (b) The supervisors shall coordinate with their respective
405 clerks of the court to obtain information pursuant to s. 98.093
406 to identify registered voters within their respective
407 jurisdictions who have been convicted of a felony during the
408 preceding week and whose voting rights have not been restored.
409 The supervisor shall adhere to the procedures set forth in
410 subsection (7) before the removal of a registered voter’s name
411 from the statewide voter registration system. For purposes of
412 this paragraph, a supervisor’s duties under subsection (7) begin
413 upon his or her determination that the information received from
414 the clerk is credible and reliable.
415 (6) OTHER BASES FOR INELIGIBILITY.—Subsections (2)-(5) do
416 not limit or restrict the department or the supervisor in his or
417 her duty to act upon direct receipt of, access to, or knowledge
418 of information from any governmental entity that identifies a
419 registered voter as potentially ineligible. If the department or
420 supervisor receives information from any governmental entity
421 sources other than those identified in subsections (2)-(5) that
422 a registered voter is ineligible because the voter he or she is
423 deceased, adjudicated a convicted felon without having had his
424 or her voting rights restored, adjudicated mentally
425 incapacitated without having had his or her voting rights
426 restored, does not meet the age requirement pursuant to s.
427 97.041, is not a United States citizen, is a fictitious person,
428 or has listed an address a residence that is not his or her
429 address of legal residence, the supervisor must adhere to the
430 procedures set forth in subsection (7) before prior to the
431 removal of the name of a registered voter who is determined to
432 be ineligible a registered voter’s name from the statewide voter
433 registration system.
434 (7) PROCEDURES FOR REMOVAL.—
435 (a) If the supervisor receives notice or information
436 pursuant to subsections (4)-(6), the supervisor of the county in
437 which the voter is registered must shall:
438 1. Notify the registered voter of his or her potential
439 ineligibility by mail within 7 days after receipt of notice or
440 information. The notice must shall include:
441 a. A statement of the basis for the registered voter’s
442 potential ineligibility and a copy of any documentation upon
443 which the potential ineligibility is based. Such documentation
444 must include any conviction from another jurisdiction determined
445 to be a similar offense to murder or a felony sexual offense, as
446 those terms are defined in s. 98.0751.
447 b. A statement that failure to respond within 30 days after
448 receipt of the notice may result in a determination of
449 ineligibility and in removal of the registered voter’s name from
450 the statewide voter registration system.
451 c. A return form that requires the registered voter to
452 admit or deny the accuracy of the information underlying the
453 potential ineligibility for purposes of a final determination by
454 the supervisor.
455 d. A statement that, if the voter is denying the accuracy
456 of the information underlying the potential ineligibility, the
457 voter has a right to request a hearing for the purpose of
458 determining eligibility.
459 e. Instructions for the registered voter to contact the
460 supervisor of elections of the county in which the voter is
461 registered if assistance is needed in resolving the matter.
462 f. Instructions for seeking restoration of civil rights
463 pursuant to s. 8, Art. IV of the State Constitution and
464 information explaining voting rights restoration pursuant to s.
465 4, Art. VI of the State Constitution following a felony
466 conviction, if applicable.
467 g. The following statement: “If you attempt to vote at an
468 early voting site or your normal election day polling place, you
469 will be required to vote a provisional ballot. If you vote by
470 mail, your ballot will be treated as a provisional ballot. In
471 either case, your ballot may not be counted until a final
472 determination of eligibility is made. If you wish for your
473 ballot to be counted, you must contact the supervisor of
474 elections office within 2 days after the election and present
475 evidence that you are eligible to vote.”
476 2. If the mailed notice is returned as undeliverable, the
477 supervisor must, within 14 days after receiving the returned
478 notice, either publish shall publish notice once in a newspaper
479 of general circulation in the county in which the voter was last
480 registered or publish notice on the county’s website as provided
481 in s. 50.0311 or on the supervisor’s website, as deemed
482 appropriate by the supervisor. The notice must shall contain the
483 following:
484 a. The voter’s name and address.
485 b. A statement that the voter is potentially ineligible to
486 be registered to vote.
487 c. A statement that failure to respond within 30 days after
488 the notice is published may result in a determination of
489 ineligibility by the supervisor and removal of the registered
490 voter’s name from the statewide voter registration system.
491 d. An instruction for the voter to contact the supervisor
492 no later than 30 days after the date of the published notice to
493 receive information regarding the basis for the potential
494 ineligibility and the procedure to resolve the matter.
495 e. An instruction to the voter that, if further assistance
496 is needed, the voter should contact the supervisor of elections
497 of the county in which the voter is registered.
498 f. A statement that, if the voter denies the accuracy of
499 the information underlying the potential ineligibility, the
500 voter has a right to request a hearing for the purpose of
501 determining eligibility.
502 g. The following statement: “If you attempt to vote at an
503 early voting site or your normal election day polling place, you
504 will be required to vote a provisional ballot. If you vote by
505 mail, your ballot will be treated as a provisional ballot. In
506 either case, your ballot may not be counted until a final
507 determination of eligibility is made. If you wish for your
508 ballot to be counted, you must contact the supervisor of
509 elections office within 2 days after the election and present
510 evidence that you are eligible to vote.”
511 3. If a registered voter fails to respond to a notice
512 pursuant to subparagraph 1. or subparagraph 2., the supervisor
513 must shall make a final determination of the voter’s eligibility
514 within 7 days after expiration of the voter’s timeframe to
515 respond. If the supervisor determines that the voter is
516 ineligible, the supervisor must shall remove the name of the
517 registered voter from the statewide voter registration system
518 within 7 days. The supervisor shall notify the registered voter
519 of the supervisor’s determination and action.
520 4. If a registered voter responds to the notice pursuant to
521 subparagraph 1. or subparagraph 2. and admits the accuracy of
522 the information underlying the potential ineligibility, the
523 supervisor must, as soon as practicable, shall make a final
524 determination of ineligibility and shall remove the voter’s name
525 from the statewide voter registration system. The supervisor
526 shall notify the registered voter of the supervisor’s
527 determination and action.
528 5. If a registered voter responds to the notice issued
529 pursuant to subparagraph 1. or subparagraph 2. and denies the
530 accuracy of the information underlying the potential
531 ineligibility but does not request a hearing, the supervisor
532 must shall review the evidence and make a final determination of
533 eligibility no later than 30 days after receiving the response
534 from the voter. If the supervisor determines that the registered
535 voter is ineligible, the supervisor must remove the voter’s name
536 from the statewide voter registration system upon such
537 determination and notify the registered voter of the
538 supervisor’s determination and action and that the removed voter
539 has a right to appeal a determination of ineligibility pursuant
540 to s. 98.0755. If such registered voter requests a hearing, the
541 supervisor must shall send notice to the registered voter to
542 attend a hearing at a time and place specified in the notice.
543 The supervisor shall schedule and issue notice for the hearing
544 within 7 days after receiving the voter’s request for a hearing
545 and shall hold the hearing no later than 30 days after issuing
546 the notice of the hearing. A voter may request an extension upon
547 showing good cause by submitting an affidavit to the supervisor
548 as to why he or she is unable to attend the scheduled hearing.
549 Upon hearing all evidence presented at the hearing, the
550 supervisor shall make a determination of eligibility within 7
551 days. If the supervisor determines that the registered voter is
552 ineligible, the supervisor must shall remove the voter’s name
553 from the statewide voter registration system and notify the
554 registered voter of the supervisor’s determination and action
555 and that the removed voter has a right to appeal a determination
556 of ineligibility pursuant to s. 98.0755.
557 (b) The following shall apply to this subsection:
558 1. All determinations of eligibility must shall be based on
559 a preponderance of the evidence.
560 2. All proceedings are exempt from the provisions of
561 chapter 120.
562 3. Any notice must shall be sent to the registered voter by
563 certified mail, return receipt requested, or other means that
564 provides a verification of receipt or must shall be published in
565 a newspaper of general circulation where the voter was last
566 registered, on the county’s website as provided in s. 50.0311,
567 or on the supervisor’s website, whichever is applicable.
568 4. The supervisor shall remove the name of any registered
569 voter from the statewide voter registration system only after
570 the supervisor makes a final determination that the voter is
571 ineligible to vote.
572 5. Any voter whose name has been removed from the statewide
573 voter registration system pursuant to a determination of
574 ineligibility may appeal that determination under the provisions
575 of s. 98.0755.
576 6. Any voter whose name was removed from the statewide
577 voter registration system on the basis of a determination of
578 ineligibility who subsequently becomes eligible to vote must
579 reregister in order to have his or her name restored to the
580 statewide voter registration system.
581 (8) CERTIFICATION.—
582 (a) No later than July 31 and January 31 of each year, the
583 supervisor shall certify to the department that the supervisor
584 has the activities conducted the activities required pursuant to
585 this section during the first 6 months and the second 6 months
586 of the year, respectively. The certification must shall include
587 the number of persons to whom notices were sent pursuant to
588 subsection (7), the number of persons who responded to the
589 notices, the number of notices returned as undeliverable, the
590 number of notices published in the newspaper, on the county’s
591 website, or on the supervisor’s website, the number of hearings
592 conducted, and the number of persons removed from the statewide
593 voter registration system systems and the reasons for such
594 removals.
595 (b) If, based on the certification provided pursuant to
596 paragraph (a), the department determines that a supervisor has
597 not satisfied the requirements of this section, the department
598 shall satisfy the appropriate requirements for that county.
599 Failure to satisfy the requirements of this section constitutes
600 shall constitute a violation of s. 104.051.
601 Section 10. Subsections (2), (3), and (4) of section
602 98.077, Florida Statutes, are amended to read:
603 98.077 Update of voter signature.—
604 (2) The department and supervisors of elections shall
605 include in any correspondence, other than postcard notifications
606 and notices relating to eligibility, sent to a registered voter
607 information regarding when, where, and how to update the voter’s
608 signature and shall provide the voter information on how to
609 obtain a voter registration application from a voter
610 registration official which can be returned to update the
611 signature.
612 (3) At least once during each general election year before
613 the presidential preference primary or the primary election,
614 whichever occurs first, the supervisor shall publish in a
615 newspaper of general circulation or other newspaper in the
616 county, on the county’s website as provided in s. 50.0311, or on
617 the supervisor’s website, as deemed appropriate by the
618 supervisor, a notice specifying when, where, or how a voter can
619 update his or her signature that is on file and how a voter can
620 obtain a voter registration application from a voter
621 registration official.
622 (4) Except as authorized in ss. 101.048 and 101.68:
623 (a) All signature updates for use in verifying vote-by-mail
624 voter certificates, and provisional ballot voter certificates,
625 or petitions ballots must be received by the appropriate
626 supervisor before the voter’s elector’s ballot is received by
627 the supervisor or, in the case of provisional ballots, before
628 the voter’s elector’s ballot is cast or, in the case of a
629 petition, before the petition is submitted for signature
630 verification.
631 (b) The signature on file at the time the vote-by-mail
632 ballot is received, or at the time the provisional ballot is
633 cast, or at the time a petition is reviewed is the signature
634 that must shall be used in verifying the signature on the vote
635 by-mail voter certificates, and provisional ballot voter
636 certificates, or petitions, respectively. For signatures
637 requiring secondary or tertiary review, older signatures from
638 previous registration updates may be used.
639 Section 11. Section 98.093, Florida Statutes, is amended to
640 read:
641 98.093 Duty of officials to furnish information relating to
642 deceased persons, persons adjudicated mentally incapacitated,
643 persons convicted of a felony, and persons who are not United
644 States citizens.—
645 (1) DUTIES.—In order to identify ineligible registered
646 voters and maintain accurate and current voter registration
647 records in the statewide voter registration system pursuant to
648 procedures in s. 98.065 or s. 98.075, it is necessary for the
649 department and supervisors of elections to receive or access
650 certain information from state and federal officials and
651 entities in the format prescribed.
652 (2) To the maximum extent feasible, state and local
653 government agencies shall facilitate provision of information
654 and access to data to the department, including, but not limited
655 to, databases that contain reliable criminal records and records
656 of deceased persons. State and local government agencies that
657 provide such data must shall do so without charge if the direct
658 cost incurred by those agencies is not significant.
659 (2)(a) DEPARTMENT OF HEALTH.—The Department of Health shall
660 furnish weekly monthly to the department a list containing the
661 name, address, date of birth, date of death, social security
662 number, race, and sex of each deceased person 17 years of age or
663 older whose death was reported during the preceding week.
664 (3)(b) CLERK OF THE CIRCUIT COURT.—Each clerk of the
665 circuit court shall furnish weekly to the department and to the
666 supervisors in their respective jurisdictions the following
667 information monthly to the department:
668 (a)1. Information identifying A list of those persons who
669 have been adjudicated mentally incapacitated with respect to
670 voting during the preceding week and calendar month, a list of
671 those persons whose mental capacity with respect to voting has
672 been restored during the preceding week. The information must
673 include each person’s name; address; date of birth; race; sex;
674 and, if available, his or her Florida driver license number or
675 Florida identification card number or the last four digits of
676 his or her social security number. The clerk shall provide the
677 information to the department to assist a supervisor in
678 identifying registered voters in his or her county who are
679 adjudicated mentally incapacitated outside of his or her county
680 pursuant to s. 98.075(4).
681 (b) Information identifying calendar month, and a list of
682 those persons who have responded to returned signed jury notices
683 during the preceding week from months to the clerk of the
684 circuit court and whose response indicated indicating a change
685 of address. The information must Each list shall include each
686 person’s the name;, address;, date of birth;, race;, sex;, and,
687 if whichever is available, the Florida driver license number or,
688 Florida identification card number, or the last four digits of
689 his or her social security number of each such person.
690 (c)2. Information on the terms of sentence for felony
691 convictions, including any financial obligations for court
692 costs, fees, and fines, of all persons listed in the clerk’s
693 records whose last known address in the clerk’s records is
694 within this state and who have been convicted of a felony during
695 the preceding week month. The information may be provided to the
696 supervisor directly by the clerk individual clerks of the
697 circuit court or may be provided on the clerk’s their behalf
698 through the Comprehensive Case Information System. The clerk
699 shall provide the information to the department to assist a
700 supervisor in identifying registered voters in his or her county
701 who are adjudicated of a felony outside of his or her county.
702 For each felony conviction reported, the information must
703 include:
704 1.a. The full name;, last known address;, date of birth;,
705 race;, sex;, and, if available, the Florida driver license
706 number or Florida identification card number, as applicable;,
707 and the last four digits of the social security number of the
708 person convicted.
709 2.b. The amounts of all financial obligations, including
710 restitution and court costs, fees, and fines, and, if known, the
711 amount of financial obligations not yet satisfied.
712 3.c. The county in which the conviction occurred.
713 4.d. The statute number violated, statute table text, date
714 of conviction, and case number.
715 (4)(c) UNITED STATES ATTORNEYS.—Upon receipt of information
716 from the United States Attorney, listing persons convicted of a
717 felony in federal court, the department shall use such
718 information to identify registered voters or applicants for
719 voter registration who may be potentially ineligible based on
720 information provided in accordance with s. 98.075.
721 (5)(d) DEPARTMENT OF LAW ENFORCEMENT.—The Department of Law
722 Enforcement shall identify and report to the department at least
723 weekly those persons who have been convicted of a felony during
724 the preceding week who appear in the voter registration records
725 supplied by the statewide voter registration system, in a time
726 and manner that enables the department to meet its obligations
727 under state and federal law.
728 (6)(e) FLORIDA COMMISSION ON OFFENDER REVIEW.—The Florida
729 Commission on Offender Review shall furnish at least weekly
730 bimonthly to the department data, including the identity of
731 those persons granted clemency in the preceding month or any
732 updates to prior records which have occurred in the preceding
733 month. The data must shall contain the commission’s case number
734 and the person’s name, address, date of birth, race, gender,
735 Florida driver license number, Florida identification card
736 number, or the last four digits of the social security number,
737 if available, and references to record identifiers assigned by
738 the Department of Corrections and the Department of Law
739 Enforcement, a unique identifier of each clemency case, and the
740 effective date of clemency of each person.
741 (7)(f) DEPARTMENT OF CORRECTIONS.—The Department of
742 Corrections shall identify and report to the department at least
743 weekly those persons who have been convicted of a felony and
744 committed to its custody or placed on community supervision
745 during the preceding week. The information must be provided to
746 the department at a time and in a manner that enables the
747 department to identify registered voters who are convicted
748 felons and to meet its obligations under state and federal law.
749 (8)(g) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—The
750 Department of Highway Safety and Motor Vehicles shall furnish
751 weekly monthly to the department the following information:
752 (a)1. Information identifying A list of those persons whose
753 names have been removed from the Florida driver license or
754 Florida identification card database during the preceding week
755 because they have been licensed or been issued an identification
756 card in another state. The information list must contain the
757 person’s name, last known Florida address, date of birth, sex,
758 last four digits of his or her social security number, and
759 Florida driver license number or Florida identification card
760 number and, if available, the address and the state in which the
761 person is now licensed of each such person.
762 (b)2. Information identifying A list of those persons who
763 during the preceding week presented evidence of non-United
764 States citizenship upon being issued a new or renewed Florida
765 driver license or Florida identification card. The information
766 list must contain the person’s name; address; date of birth;
767 last four digits of the; social security number, if applicable;
768 and Florida driver license number or Florida identification card
769 number, as available applicable; and alien registration number
770 or other legal status identifier, of each such person.
771 (c) Information identifying those persons for which it has
772 received official information during the preceding week that the
773 person is deceased. The information must contain the name,
774 address, date of birth, last four digits of the social security
775 number, Florida driver license number or Florida identification
776 card number, and date of death of each such person.
777 (9)(3) CONSTRUCTION.—This section does not limit or
778 restrict the supervisor in his or her duty to act upon direct
779 receipt of, access to, or knowledge of official information from
780 these and other governmental entities that identify a registered
781 voter as potentially ineligible and to initiate removal of
782 remove the name of the registered voter who is determined to be
783 ineligible names of persons from the statewide voter
784 registration system pursuant to s. 98.075(7) based upon
785 information received from other sources.
786 Section 12. Section 98.0981, Florida Statutes, is amended
787 to read:
788 98.0981 Reports; voting history; statewide voter
789 registration system information; precinct-level election
790 results; book closing statistics; live turnout data.—
791 (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
792 INFORMATION.—Each supervisor shall submit the reports required
793 by this subsection to the department no later than 10 business
794 days after the Elections Canvassing Commission certifies the
795 results of an election.
796 (a) Reconciliation.—For each presidential preference
797 primary election, special primary election, special election,
798 primary election, and general election, the supervisor shall
799 reconcile the aggregate total of ballots cast in each precinct
800 to the aggregate number of voters with voter history pursuant to
801 paragraph (b) and the precinct-level election results pursuant
802 to subsection (3) and submit a reconciliation report. The report
803 must be submitted to the department in an electronic format
804 pursuant to file format and specifications set forth by rule.
805 The report must include a written explanation if the
806 reconciliation results in a discrepancy between the voter
807 history and the election results.
808 (b) Voting history.—For each Within 30 days after
809 certification by the Elections Canvassing Commission of a
810 presidential preference primary, special election, special
811 primary election, primary election, or general election, as
812 applicable, supervisors of elections shall transmit completely
813 updated voting history information for each qualified voter to
814 the department. Such information must be provided, in a uniform
815 electronic format pursuant to file specifications adopted by the
816 department by rule. The voting history information must include:
817 specified in paragraph (d), completely updated voting history
818 information for each qualified voter who voted
819 1. The unique identifier assigned to each qualified voter
820 within the statewide voter registration system.
821 2. Each qualified voter’s unique precinct identifier, as
822 designated by the county within the statewide voter registration
823 system, at the time of voting. For purposes of this
824 subparagraph, the term “unique precinct identifier” means an
825 alphanumeric code representing the precinct name or number and
826 containing no more than the maximum characters as specified by
827 rule.
828 3. Specifics as to each qualified voter’s voting history,
829 including whether the qualified voter voted a regular ballot
830 during the early voting period, voted during the early voting
831 period using a provisional ballot that was subsequently counted,
832 voted a regular ballot at a precinct location, voted at a
833 precinct location using a provisional ballot that was
834 subsequently counted, voted by vote-by-mail ballot, attempted to
835 vote by a timely received vote-by-mail ballot that was not
836 counted, attempted to vote by a vote-by-mail ballot that was
837 received untimely, attempted to vote by provisional ballot that
838 was not counted, or did not vote.
839 (c) Precinct boundaries.—For each presidential preference
840 primary election, special primary election, special election,
841 primary election, and general election, the supervisor shall
842 submit to the department the geographical information system map
843 of precinct boundaries created and maintained pursuant to s.
844 101.001 for the applicable election.
845 (2)(b) LEGISLATIVE REPORT.—
846 (a) Specifications.—After receipt of the information in
847 paragraph (a), The department shall prepare an election summary
848 compiled for a presidential preference primary election, special
849 primary election, special election, primary election, or general
850 election, as applicable, a report in an electronic format which
851 contains the following information, separately compiled for the
852 primary and general election for all voters qualified to vote in
853 either election:
854 1. The voting history information as transmitted under
855 paragraph (1)(b) and the precinct boundaries as transmitted
856 under paragraph (1)(c). unique identifier assigned to each
857 qualified voter within the statewide voter registration system;
858 2. All information provided by each qualified voter on his
859 or her voter registration application pursuant to s. 97.052(2),
860 except that which is confidential or exempt from public records
861 requirements.;
862 3. Each qualified voter’s date of registration.;
863 4. Each qualified voter’s current state representative
864 district, state senatorial district, and congressional district,
865 county commission district, and school board district at the
866 time of voting, assigned by the supervisor of elections;
867 5. Each qualified voter’s current precinct; and
868 6. Voting history as transmitted under paragraph (a) to
869 include whether the qualified voter voted at a precinct
870 location, voted during the early voting period, voted by vote
871 by-mail ballot, attempted to vote by vote-by-mail ballot that
872 was not counted, attempted to vote by provisional ballot that
873 was not counted, or did not vote.
874 (b)(c) Submission.—Within 60 45 days after certification by
875 the Elections Canvassing Commission certifies of a presidential
876 preference primary, special election, primary election, or
877 general election, the department shall submit send to the
878 President of the Senate, the Speaker of the House of
879 Representatives, the Senate Minority Leader, and the House
880 Minority Leader an election summary a report in electronic
881 format that includes all information set forth in paragraph (a)
882 (b).
883 (d) File specifications are as follows:
884 1. The file shall contain records designated by the
885 categories below for all qualified voters who, regardless of the
886 voter’s county of residence or active or inactive registration
887 status at the book closing for the corresponding election that
888 the file is being created for:
889 a. Voted a regular ballot at a precinct location.
890 b. Voted at a precinct location using a provisional ballot
891 that was subsequently counted.
892 c. Voted a regular ballot during the early voting period.
893 d. Voted during the early voting period using a provisional
894 ballot that was subsequently counted.
895 e. Voted by vote-by-mail ballot.
896 f. Attempted to vote by vote-by-mail ballot, but the ballot
897 was not counted.
898 g. Attempted to vote by provisional ballot, but the ballot
899 was not counted in that election.
900 2. Each file shall be created or converted into a tab
901 delimited format.
902 3. File names shall adhere to the following convention:
903 a. Three-character county identifier as established by the
904 department followed by an underscore.
905 b. Followed by four-character file type identifier of
906 “VHO3” followed by an underscore.
907 c. Followed by FVRS election ID followed by an underscore.
908 d. Followed by Date Created followed by an underscore.
909 e. Date format is YYYYMMDD.
910 f. Followed by Time Created - HHMMSS.
911 g. Followed by “.txt”.
912 4. Each record shall contain the following columns: Record
913 Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
914 Date, Vote History Code, Precinct, Congressional District, House
915 District, Senate District, County Commission District, and
916 School Board District.
917 (e) Each supervisor of elections shall reconcile, before
918 submission, the aggregate total of ballots cast in each precinct
919 as reported in the precinct-level election results to the
920 aggregate total number of voters with voter history for the
921 election for each district.
922 (f) Each supervisor of elections shall submit the results
923 of the data reconciliation as described in paragraph (e) to the
924 department in an electronic format and give a written
925 explanation for any precincts where the reconciliation as
926 described in paragraph (e) results in a discrepancy between the
927 voter history and the election results.
928 (3)(2) PRECINCT-LEVEL ELECTION RESULTS.—
929 (a)1. Within 10 business 30 days after certification by the
930 Elections Canvassing Commission certifies of a presidential
931 preference primary election, special election, special primary
932 election, primary election, or general election, as applicable,
933 the supervisors of elections shall collect and submit to the
934 department precinct-level election results for the election in a
935 uniform electronic format specified by paragraph (c). The
936 precinct-level election results shall be compiled separately for
937 the primary or special primary election that preceded the
938 general or special general election, respectively. The results
939 must shall specifically include for each precinct the total of
940 all ballots cast for each candidate or nominee to fill a
941 national, state, county, or district office or proposed
942 constitutional amendment, with subtotals for each candidate and
943 ballot type. When one or more ballot types, also known as
944 counting groups, in a race or an issue have fewer than 30 voters
945 voting on the ballot, the ballot type must be reported as zero
946 except for the total votes counting group for that precinct.
947 Ballot types or counting groups include election day, early
948 voting, vote-by-mail, provisional voting, and total votes
949 However, ballot type or precinct subtotals in a race or question
950 having fewer than 30 voters voting on the ballot type or in the
951 precinct may not be reported in precinct results. For purposes
952 of this paragraph, the term “all ballots cast” means ballots
953 cast by voters who cast a ballot, whether at a precinct
954 location;, by vote-by-mail ballot, including overseas vote-by
955 mail ballots;, during the early voting period;, or by
956 provisional ballot.
957 2. Upon request from the department, a supervisor must
958 research and address, as appropriate, any questions or issues
959 identified by the department pertaining to the precinct-level
960 election results. If the information as originally submitted is
961 changed or corrected, the supervisor must provide an amended
962 precinct-level election results file no later than 10 business
963 days after the request from the department.
964 (b) The department shall make such information available
965 online no later than 60 days after the Elections Canvassing
966 Commission certifies the presidential preference primary
967 election, special primary election, special election, primary
968 election, or general election, as applicable. The website
969 containing the information must include on a searchable,
970 sortable, and downloadable database via its website that also
971 includes the file layout and codes. The information must
972 database shall be searchable and sortable by county, precinct,
973 and candidate;. The must database shall be downloadable in a
974 tab-delimited format; and must. The database shall be available
975 for download county-by-county and also as a statewide file. Such
976 report shall also be made available upon request.
977 (c) The files containing the precinct-level election
978 results must shall be created in accordance with the applicable
979 file specification as set forth by rule. The rule must, at a
980 minimum, provide that:
981 1. The precinct-level results file shall be created or
982 converted into a tab-delimited text file.
983 2. The row immediately before the first data record shall
984 contain the column names of the data elements that make up the
985 data records. There shall be one header record followed by
986 multiple data records.
987 3. the data records shall include the following columns:
988 County Name, Election Number, Election Date, Unique Precinct
989 Identifier, Precinct Polling Location, Total Registered Voters,
990 Total Registered Republicans, Total Registered Democrats, Total
991 Registered All Other Parties, Contest Name,
992 Candidate/Retention/Issue Name, Candidate Florida Voter
993 Registration System ID Number, Division of Elections Unique
994 Candidate Identifying Number, Candidate Party, District,
995 Undervote Total, Overvote Total, Write-in Total, and Vote Total.
996 For purposes of this paragraph, the term “unique precinct
997 identifier” means an alphanumeric code representing the precinct
998 name or number and containing no more than the maximum
999 characters as specified by rule.
1000 (4)(3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.—No later
1001 than 10 days after the date of book closing for but before the
1002 date of an election as defined in s. 97.021 to fill a national,
1003 state, county, or district office, or to vote on a proposed
1004 constitutional amendment, the department shall compile and make
1005 available the following precinct-level statistical data for each
1006 county:
1007 (a) Unique precinct identifier numbers. For purposes of
1008 this subsection, the term “unique precinct identifier” means an
1009 alphanumeric code representing the precinct name or number and
1010 containing no more than the maximum characters as specified by
1011 rule.
1012 (b) Total number of active registered voters by party for
1013 each precinct.
1014 (5)(4) LIVE TURNOUT DATA.—On election day, each supervisor
1015 of elections shall make live voter turnout data, updated at
1016 least once per hour, available on his or her website. Each
1017 supervisor shall transmit the live voter turnout data to the
1018 division, which must create and maintain a real-time statewide
1019 turnout dashboard that is available for viewing by the public on
1020 the division’s website as the data becomes available.
1021 (6)(5) REPORTS PUBLICLY AVAILABLE.—The department shall
1022 also make publicly available the reports and results required in
1023 subsections (1)-(4) (1)-(3).
1024 (7)(6) RULEMAKING.—The department shall adopt rules and
1025 prescribe forms to carry out the purposes of this section.
1026 Section 13. Effective upon becoming a law, present
1027 paragraph (b) of subsection (1) of section 99.012, Florida
1028 Statutes, is redesignated as paragraph (c), a new paragraph (b)
1029 is added to that subsection, and paragraph (c) is added to
1030 subsection (7) of that section, to read:
1031 99.012 Restrictions on individuals qualifying for public
1032 office.—
1033 (1) As used in this section:
1034 (b) “Qualify” means to fulfill the requirements set forth
1035 in s. 99.061(7)(a) or s. 105.031(5)(a).
1036 (7) This section does not apply to:
1037 (c) Persons seeking the office of President or Vice
1038 President of the United States.
1039 Section 14. The amendments made to s. 99.012, Florida
1040 Statutes, by this act are intended to clarify existing law. Any
1041 person seeking the office of President or Vice President of the
1042 United States is not subject to the requirements of chapter 99,
1043 Florida Statutes, which govern candidate qualifying,
1044 specifically those which require the submission of certain
1045 documents, full and public disclosures of financial interests,
1046 petition signatures, or the payment of filing fees. This section
1047 shall take effect upon this act becoming a law.
1048 Section 15. Paragraph (d) of subsection (1) of section
1049 99.021, Florida Statutes, is redesignated as paragraph (e), and
1050 a new paragraph (d) is added to that subsection, to read:
1051 99.021 Form of candidate oath.—
1052 (1)
1053 (d) In addition, each candidate, whether a party candidate,
1054 a candidate with no party affiliation, or a write-in candidate,
1055 shall, at the time of subscribing to the oath or affirmation,
1056 state in writing whether he or she owes any outstanding fines,
1057 fees, or penalties that cumulatively exceed $250 for any
1058 violations of s. 8, Art. II of the State Constitution, the Code
1059 of Ethics for Public Officers and Employees under part III of
1060 chapter 112, any local ethics ordinance governing standards of
1061 conduct and disclosure requirements, or chapter 106. If the
1062 candidate owes any outstanding fines, fees, or penalties
1063 exceeding the threshold amount specified in this paragraph, he
1064 or she must also specify the amount owed and each entity that
1065 levied such fine, fee, or penalty. For purposes of this
1066 paragraph, any such fines, fees, or penalties that have been
1067 paid in full at the time of subscribing to the oath or
1068 affirmation are not deemed to be outstanding.
1069 Section 16. Section 99.0215, Florida Statutes, is created
1070 to read:
1071 99.0215 Name of candidate.—
1072 (1) Each candidate shall designate in the oath or
1073 affirmation specified in s. 99.021 the name that he or she
1074 wishes to have printed on the ballot, or in the case of a write
1075 in candidate, the name that he or she wishes to have voters
1076 write in on the ballot when voting for him or her. Such
1077 designation must include the candidate’s legal given name or
1078 names, a shortened form of the candidate’s legal given name or
1079 names, an initial or initials of the candidate’s legal given
1080 name or names, or a bona fide nickname customarily related to
1081 the candidate and by which the candidate is commonly known,
1082 immediately followed by the candidate’s legal surname. If
1083 applicable, a candidate may place one of the following
1084 designations after the legal surname: “Sr.,” “Jr.,” or a
1085 numerical designation such as “II.”
1086 (2) If a candidate wishes to designate a nickname, the
1087 candidate must file an affidavit that must be verified under
1088 oath or affirmation pursuant to s. 92.525(1)(a), attesting that
1089 the nickname complies with the requirements of this section. The
1090 affidavit must be filed simultaneously with the oath or
1091 affirmation specified in s. 99.021. Any nickname designated by a
1092 candidate may not be used to mislead voters. A candidate may not
1093 designate a nickname that implies the candidate is some other
1094 person, that constitutes a political slogan or otherwise
1095 associates the candidate with a cause or an issue, or that is
1096 obscene or profane. For purposes of this subsection, the term
1097 “political slogan” means any word or words expressing or
1098 connoting a position, an opinion, or a belief that the candidate
1099 may espouse, including, but not limited to, any word or words
1100 conveying any meaning other than that of the general identity of
1101 the candidate.
1102 (3) Unless a candidate has the same name as, or a name
1103 similar to, one or more candidates for the same office, an
1104 educational or professional title or degree may not be added to
1105 his or her name designation.
1106 Section 17. Subsections (4) and (5) of section 99.097,
1107 Florida Statutes, are amended to read:
1108 99.097 Verification of signatures on petitions.—
1109 (4)(a) The supervisor must shall be paid in advance the sum
1110 of 10 cents for each signature checked or the actual cost of
1111 checking such signature, whichever is less, by the candidate or,
1112 in the case of a petition to have a local an issue placed on the
1113 ballot, by the person or organization submitting the petition.
1114 In the case of a petition to place a statewide issue on the
1115 ballot, the person or organization submitting the petition must
1116 pay the supervisor in advance the cost posted by the supervisor
1117 pursuant to s. 100.371(11) for the actual cost of checking
1118 signatures to place a statewide issue on the ballot.
1119 (b) However, if a candidate, a person, or an organization
1120 seeking to have an issue placed upon the ballot cannot pay such
1121 charges without imposing an undue burden on personal resources
1122 or upon the resources otherwise available to such candidate,
1123 person, or organization, such candidate, person, or organization
1124 shall, upon written certification of such inability given under
1125 oath to the supervisor, is be entitled to have the signatures
1126 verified at no charge.
1127 (c) In the event a candidate, person, or organization
1128 submitting a petition to have an issue placed upon the ballot is
1129 entitled to have the signatures verified at no charge, the
1130 supervisor of elections of each county in which the signatures
1131 are verified at no charge shall submit the total number of such
1132 signatures checked in the county to the Chief Financial Officer
1133 no later than December 1 of the general election year, and the
1134 Chief Financial Officer shall cause such supervisor of elections
1135 to be reimbursed from the General Revenue Fund in an amount
1136 equal to 10 cents or the actual cost for each name checked or
1137 the actual cost of checking such signatures, whichever is
1138 applicable as set forth in paragraph (a) less. In no event may
1139 shall such reimbursement of costs be deemed or applied as extra
1140 compensation for the supervisor.
1141 (d) Petitions must shall be retained by the supervisors for
1142 a period of 1 year following the election for which the
1143 petitions were circulated.
1144 (5) The results of a verification pursuant to subparagraph
1145 (1)(a)2. may be contested in the circuit court by the candidate;
1146 an announced opponent; a representative of a designated
1147 political committee; or a person, party, or other organization
1148 submitting the petition. The contestant must shall file a
1149 complaint, together with the fees prescribed in chapter 28, with
1150 the clerk of the circuit court in the county in which the
1151 petition is certified or in Leon County if the petition covers
1152 more than one county within 10 days after midnight of the date
1153 the petition is certified; and the complaint must shall set
1154 forth the grounds on which the contestant intends to establish
1155 his or her right to require a complete check of the petition
1156 pursuant to subparagraph (1)(a)1. In the event the court orders
1157 a complete check of the petition and the result is not changed
1158 as to the success or lack of success of the petitioner in
1159 obtaining the requisite number of valid signatures, then such
1160 candidate, unless the candidate has filed the oath stating that
1161 he or she is unable to pay such charges; announced opponent;
1162 representative of a designated political committee; or party,
1163 person, or organization submitting the petition, unless such
1164 person or organization has filed the oath stating inability to
1165 pay such charges, shall pay to the supervisor of elections of
1166 each affected county for the complete check an amount calculated
1167 at the rate of 10 cents for each additional signature checked or
1168 the actual cost of checking such additional signatures, as
1169 applicable whichever is less.
1170 Section 18. Section 100.021, Florida Statutes, is amended
1171 to read:
1172 100.021 Notice of general election.—The Department of State
1173 shall, in any year in which a general election is held, make out
1174 a notice stating what offices and vacancies are to be filled at
1175 the general election in the state, and in each county and
1176 district thereof. During the 30 days before prior to the
1177 beginning of qualifying, the department of State shall have the
1178 notice published two times in a newspaper of general circulation
1179 in each county; and, in counties in which there is no newspaper
1180 of general circulation, it shall send to the sheriff a notice of
1181 the offices and vacancies to be filled at such general election
1182 by the qualified voters of the sheriff’s county or any district
1183 thereof, and the sheriff shall have at least five copies of the
1184 notice posted in conspicuous places in the county. Notice may be
1185 provided alternatively by publishing notice on the division’s
1186 website, on the county’s website as provided in s. 50.0311, or
1187 on the supervisor’s website, as deemed appropriate by the
1188 supervisor.
1189 Section 19. Subsection (3) of section 100.141, Florida
1190 Statutes, is amended to read:
1191 100.141 Notice of special election to fill any vacancy in
1192 office.—
1193 (3) The department shall deliver a copy of such notice to
1194 the supervisor of elections of each county in which the special
1195 election is to be held. The supervisor shall have the notice
1196 published two times in a newspaper of general circulation in the
1197 county at least 10 days before prior to the first day set for
1198 qualifying for office or, for at least 10 days before the first
1199 day set for qualifying for office, publish notice on the
1200 county’s website as provided in s. 50.0311 or on the
1201 supervisor’s website. If such a newspaper is not published
1202 within the period set forth, the supervisor shall post at least
1203 five copies of the notice in conspicuous places in the county
1204 not less than 10 days prior to the first date set for
1205 qualifying.
1206 Section 20. Section 100.342, Florida Statutes, is amended
1207 to read:
1208 100.342 Notice of special election or referendum.—In any
1209 special election or referendum not otherwise provided for, there
1210 must shall be at least 30 days’ notice of the election or
1211 referendum by publication in a newspaper of general circulation
1212 in the county, district, or municipality, or publication on the
1213 county’s website as provided in s. 50.0311, the municipality’s
1214 website, or the supervisor’s website, as applicable as the case
1215 may be. The publication must shall be made at least twice, once
1216 in the fifth week and once in the third week before prior to the
1217 week in which the election or referendum is to be held. If the
1218 applicable website becomes unavailable or there is no newspaper
1219 of general circulation in the county, district, or municipality,
1220 the notice must shall be posted in no less than five places
1221 within the territorial limits of the county, district, or
1222 municipality.
1223 Section 21. Subsection (3) and paragraph (a) of subsection
1224 (4) of section 101.001, Florida Statutes, are amended to read:
1225 101.001 Precincts and polling places; boundaries.—
1226 (3)(a) Each supervisor of elections shall maintain a
1227 geographical information system suitable map drawn to a scale no
1228 smaller than 3 miles to the inch and clearly delineating all
1229 major observable features such as roads, streams, and railway
1230 lines and showing the current geographical boundaries of each
1231 precinct, representative district, and senatorial district, and
1232 other type of district in the county subject to the elections
1233 process in this code. A supervisor may coordinate with other
1234 governmental entities to comply with this subsection.
1235 (b) The supervisor shall provide to the department data on
1236 all precincts in the county associated with the most recent
1237 decennial census blocks within each precinct.
1238 (c) The department shall maintain a searchable database
1239 that contains the precincts and the corresponding most recent
1240 decennial census blocks within the precincts for each county,
1241 including a historical file that allows the census blocks to be
1242 traced through the prior decade.
1243 (b)(d) The supervisor of elections shall notify the
1244 Secretary of State in writing within 10 days after any
1245 reorganization of precincts and shall furnish a copy of the
1246 geographical information system compatible map showing the
1247 current geographical boundaries and designation of each new
1248 precinct. However, if precincts are composed of whole census
1249 blocks, the supervisor may furnish, in lieu of a copy of the
1250 map, a list, in an electronic format prescribed by the
1251 Department of State, associating each census block in the county
1252 with its precinct.
1253 (c)(e) Any precinct established or altered under the
1254 provisions of this section must shall consist of areas bounded
1255 on all sides only by census block boundaries from the most
1256 recent United States Census. If the census block boundaries
1257 split or conflict with a municipal or other political
1258 subdivision another political boundary listed below, the
1259 boundary listed below may be used as a precinct boundary:
1260 1. Governmental unit boundaries reported in the most recent
1261 Boundary and Annexation Survey published by the United States
1262 Census Bureau; or
1263 2. Visible features that are readily distinguishable upon
1264 the ground, such as streets, railroads, tracks, streams, and
1265 lakes, and that are indicated upon current census maps, official
1266 Department of Transportation maps, official municipal maps,
1267 official county maps, or a combination of such maps;
1268 3. Boundaries of public parks, public school grounds, or
1269 churches; or
1270 2.4. Boundaries of counties, incorporated municipalities,
1271 or other political subdivisions that meet criteria established
1272 by the United States Census Bureau for block boundaries.
1273 (4)(a) Within 10 days after there is any change in the
1274 division, name, number, or boundaries of the precincts, or the
1275 location of the polling places, the supervisor of elections
1276 shall make in writing an accurate description of any new or
1277 altered precincts, setting forth the boundary lines and shall
1278 identify the location of each new or altered polling place. A
1279 copy of the document describing such changes must shall be
1280 posted at the supervisor’s office.
1281 Section 22. Subsection (1) of section 101.048, Florida
1282 Statutes, is amended to read:
1283 101.048 Provisional ballots.—
1284 (1) At all elections, a voter claiming to be properly
1285 registered in the state and eligible to vote at the precinct in
1286 the election but whose eligibility cannot be determined, a
1287 person whom an election official asserts is not eligible,
1288 including, but not limited to, a person to whom notice has been
1289 sent pursuant to s. 98.075(7), but for whom a final
1290 determination of eligibility has not been made, and other
1291 persons specified in the code shall be entitled to vote a
1292 provisional ballot. Once voted, the provisional ballot must
1293 shall be placed in a secrecy envelope and thereafter sealed in a
1294 provisional ballot envelope. The provisional ballot must shall
1295 be deposited in a ballot box. All provisional ballots must shall
1296 remain sealed in their envelopes for return to the supervisor of
1297 elections. The department shall prescribe the form of the
1298 provisional ballot envelope. A person casting a provisional
1299 ballot has shall have the right to present written evidence
1300 supporting his or her eligibility to vote to the supervisor of
1301 elections by not later than 5 p.m. on the second day following
1302 the election.
1303 Section 23. Paragraph (b) of subsection (4) of section
1304 101.151, Florida Statutes, is amended to read:
1305 101.151 Specifications for ballots.—
1306 (4)
1307 (b) When two or more candidates running for the same office
1308 on an a primary election ballot have the same or a similar
1309 surname, the word “incumbent” must shall appear next to the
1310 incumbent’s name.
1311 Section 24. Subsection (2) of section 101.5612, Florida
1312 Statutes, is amended to read:
1313 101.5612 Testing of tabulating equipment.—
1314 (2) On any day not more than 25 days before the
1315 commencement of early voting as provided in s. 101.657, the
1316 supervisor of elections shall have the automatic tabulating
1317 equipment publicly tested to ascertain that the equipment will
1318 correctly count the votes cast for all offices and on all
1319 measures. If the ballots to be used at the polling place on
1320 election day are not available at the time of the testing, the
1321 supervisor may conduct an additional test not more than 10 days
1322 before election day. Public notice of the time and place of the
1323 test shall be given at least 48 hours prior thereto by
1324 publication on the county website as provided in s. 50.0311, on
1325 the supervisor of elections’ website, or and once in one or more
1326 newspapers of general circulation in the county. If the
1327 applicable website becomes unavailable or, if there is no
1328 newspaper of general circulation in the county, by posting the
1329 notice must be posted in at least four conspicuous places in the
1330 county. The supervisor or the municipal elections official may,
1331 at the time of qualifying, give written notice of the time and
1332 location of the public preelection test to each candidate
1333 qualifying with that office and obtain a signed receipt that the
1334 notice has been given. The Department of State shall give
1335 written notice to each statewide candidate at the time of
1336 qualifying, or immediately at the end of qualifying, that the
1337 voting equipment will be tested and advise each candidate to
1338 contact the county supervisor of elections as to the time and
1339 location of the public preelection test. The supervisor or the
1340 municipal elections official shall, at least 30 days before the
1341 commencement of early voting as provided in s. 101.657, send
1342 written notice by certified mail to the county party chair of
1343 each political party and to all candidates for other than
1344 statewide office whose names appear on the ballot in the county
1345 and who did not receive written notification from the supervisor
1346 or municipal elections official at the time of qualifying,
1347 stating the time and location of the public preelection test of
1348 the automatic tabulating equipment. The canvassing board shall
1349 convene, and each member of the canvassing board shall certify
1350 to the accuracy of the test. For the test, the canvassing board
1351 may designate one member to represent it. The test shall be open
1352 to representatives of the political parties, the press, and the
1353 public. Each political party may designate one person with
1354 expertise in the computer field who shall be allowed in the
1355 central counting room when all tests are being conducted and
1356 when the official votes are being counted. The designee may
1357 shall not interfere with the normal operation of the canvassing
1358 board.
1359 Section 25. Subsection (1) of section 101.6103, Florida
1360 Statutes, is amended to read:
1361 101.6103 Mail ballot election procedure.—
1362 (1) Except as otherwise provided in subsection (7), the
1363 supervisor of elections shall mail all official ballots with a
1364 secrecy envelope, a return mailing envelope, and instructions
1365 sufficient to describe the voting process to each elector
1366 entitled to vote in the election within the timeframes specified
1367 in s. 101.62(3) s. 101.62(4). All such ballots must shall be
1368 mailed by first-class mail. Ballots must shall be addressed to
1369 each elector at the address appearing in the registration
1370 records and placed in an envelope which is prominently marked
1371 “Do Not Forward.”
1372 Section 26. Section 101.62, Florida Statutes, is amended to
1373 read:
1374 101.62 Request for vote-by-mail ballots.—
1375 (1) REQUEST.—
1376 (a) The supervisor shall accept a request for a vote-by
1377 mail ballot only from a voter or, if directly instructed by the
1378 voter, a member of the voter’s immediate family or the voter’s
1379 legal guardian from an elector in person or in writing. A
1380 request may be made in person, in writing, by telephone, or
1381 through the supervisor’s website. The department shall prescribe
1382 by rule by October 1, 2023, a uniform statewide application to
1383 make a written request for a vote-by-mail ballot which includes
1384 fields for all information required in this subsection. One
1385 request is deemed sufficient to receive a vote-by-mail ballot
1386 for all elections through the end of the calendar year of the
1387 next regularly scheduled general election, unless the voter
1388 elector or the voter’s elector’s designee indicates at the time
1389 the request is made the elections within such period for which
1390 the voter elector desires to receive a vote-by-mail ballot. The
1391 supervisor must cancel a request for a vote-by-mail ballot Such
1392 request may be considered canceled when any first-class mail or
1393 nonforwardable mail sent by the supervisor to the voter elector
1394 is returned as undeliverable. If the voter requests a vote-by
1395 mail ballot thereafter, the voter must provide or confirm his or
1396 her current residential address.
1397 (b) The supervisor may accept a written, an in-person, or a
1398 telephonic request for a vote-by-mail ballot to be mailed to a
1399 voter’s an elector’s address on file in the Florida Voter
1400 Registration System from the voter elector, or, if directly
1401 instructed by the voter elector, a member of the voter’s
1402 elector’s immediate family, or the voter’s elector’s legal
1403 guardian. If an in-person or a telephonic request is made, the
1404 voter elector must provide the voter’s elector’s Florida driver
1405 license number, the voter’s elector’s Florida identification
1406 card number, or the last four digits of the voter’s elector’s
1407 social security number, whichever may be verified in the
1408 supervisor’s records. If the ballot is requested to be mailed to
1409 an address other than the voter’s elector’s address on file in
1410 the Florida Voter Registration System, the request must be made
1411 in writing. A written request must be signed by the voter
1412 elector and include the voter’s elector’s Florida driver license
1413 number, the voter’s elector’s Florida identification card
1414 number, or the last four digits of the voter’s elector’s social
1415 security number. However, an absent uniformed services service
1416 voter or an overseas voter seeking a vote-by-mail ballot is not
1417 required to submit a signed, written request for a vote-by-mail
1418 ballot that is being mailed to an address other than the voter’s
1419 elector’s address on file in the Florida Voter Registration
1420 System. For purposes of this section, the term “immediate
1421 family” has the same meaning as specified in paragraph (4)(c).
1422 The person making the request must disclose:
1423 1. The name of the voter elector for whom the ballot is
1424 requested.
1425 2. The voter’s elector’s address.
1426 3. The voter’s elector’s date of birth.
1427 4. The voter’s elector’s Florida driver license number, the
1428 voter’s elector’s Florida identification card number, or the
1429 last four digits of the voter’s elector’s social security
1430 number, whichever may be verified in the supervisor’s records.
1431 If the voter’s registration record does not already include the
1432 voter’s Florida driver license number or Florida identification
1433 card number or the last four digits of the voter’s social
1434 security number, the number provided must be recorded in the
1435 voter’s registration record.
1436 5. The requester’s name.
1437 6. The requester’s address.
1438 7. The requester’s driver license number, the requester’s
1439 identification card number, or the last four digits of the
1440 requester’s social security number, if available.
1441 8. The requester’s relationship to the voter elector.
1442 9. The requester’s signature (written requests only).
1443 (c) Upon receiving a request for a vote-by-mail ballot from
1444 an absent voter, the supervisor of elections shall notify the
1445 voter of the free access system that has been designated by the
1446 department for determining the status of his or her vote-by-mail
1447 ballot.
1448 (d) For purposes of this section, the term “immediate
1449 family” refers to the following, as applicable:
1450 1. The voter’s spouse, parent, child, grandparent,
1451 grandchild, or sibling, or the parent, child, grandparent,
1452 grandchild, or sibling of the voter’s spouse.
1453 2. The designee’s spouse, parent, child, grandparent,
1454 grandchild, or sibling, or the parent, child, grandparent,
1455 grandchild, or sibling of the designee’s spouse.
1456 (2) A request for a vote-by-mail ballot to be mailed to a
1457 voter must be received no later than 5 p.m. on the 10th day
1458 before the election by the supervisor. The supervisor shall mail
1459 vote-by-mail ballots to voters requesting ballots by such
1460 deadline no later than 8 days before the election.
1461 (2)(3) ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION.—For each
1462 request for a vote-by-mail ballot received, the supervisor shall
1463 record the following information: the date the request was made;
1464 the identity of the voter’s designee making the request, if any;
1465 the Florida driver license number, Florida identification card
1466 number, or last four digits of the social security number of the
1467 voter elector provided with a written request; the date the
1468 vote-by-mail ballot was delivered to the voter or the voter’s
1469 designee or the date the vote-by-mail ballot was delivered to
1470 the post office or other carrier; the address to which the
1471 ballot was mailed or the identity of the voter’s designee to
1472 whom the ballot was delivered; the date the ballot was received
1473 by the supervisor; the absence of the voter’s signature on the
1474 voter’s certificate, if applicable; whether the voter’s
1475 certificate contains a signature that does not match the voter’s
1476 elector’s signature in the registration books or precinct
1477 register; and such other information he or she may deem
1478 necessary. This information must shall be provided in electronic
1479 format as provided by division rule. The information must shall
1480 be updated and made available no later than 8 a.m. of each day,
1481 including weekends, beginning 60 days before the primary until
1482 15 days after the general election and shall be
1483 contemporaneously provided to the division. This information is
1484 shall be confidential and exempt from s. 119.07(1) and shall be
1485 made available to or reproduced only for the voter requesting
1486 the ballot, a canvassing board, an election official, a
1487 political party or official thereof, a candidate who has filed
1488 qualification papers and is opposed in an upcoming election, and
1489 registered political committees for political purposes only.
1490 (3)(4) DELIVERY OF VOTE-BY-MAIL BALLOTS.—
1491 (a) No later than 45 days before each presidential
1492 preference primary election, primary election, and general
1493 election, the supervisor of elections shall send a vote-by-mail
1494 ballot as provided in subparagraph (d)2. (c)2. to each absent
1495 uniformed services voter and to each overseas voter who has
1496 requested a vote-by-mail ballot.
1497 (b) The supervisor shall mail a vote-by-mail ballot to each
1498 absent qualified voter, other than those listed in paragraph
1499 (a), who has requested such a ballot, between the 40th and 33rd
1500 days before the presidential preference primary election,
1501 primary election, and general election.
1502 (c) Except as otherwise provided in paragraph (a) or
1503 paragraph (b) subsection (2) and after the period described in
1504 this paragraph, the supervisor shall mail vote-by-mail ballots
1505 within 2 business days after receiving a request for such a
1506 ballot, but no later than the 10th day before election day. The
1507 deadline to submit a request for a ballot to be mailed is 5 p.m.
1508 local time on the 12th day before an upcoming election.
1509 (d)(c) Upon a request for a vote-by-mail ballot, the
1510 supervisor shall provide a vote-by-mail ballot to each voter
1511 elector by whom a request for that ballot has been made, by one
1512 of the following means:
1513 1. By nonforwardable, return-if-undeliverable mail to the
1514 voter’s elector’s current mailing address on file with the
1515 supervisor or any other address the voter elector specifies in
1516 the request. The envelopes must be prominently marked “Do Not
1517 Forward.”
1518 2. By forwardable mail, e-mail, or facsimile machine
1519 transmission to absent uniformed services voters and overseas
1520 voters. The absent uniformed services voter or overseas voter
1521 may designate in the vote-by-mail ballot request the preferred
1522 method of transmission. If the voter does not designate the
1523 method of transmission, the vote-by-mail ballot must shall be
1524 mailed.
1525 3. By personal delivery before 7 p.m. on election day to
1526 the voter after vote-by-mail ballots have been mailed and up to
1527 7 p.m. on election day elector, upon presentation of the
1528 identification required in s. 101.043.
1529 4. By delivery to the voter’s a designee after vote-by-mail
1530 ballots have been mailed and up to 7 p.m. on election day or up
1531 to 9 days before the day of an election. Any voter elector may
1532 designate in writing a person to pick up the ballot for the
1533 voter elector; however, the person designated may not pick up
1534 more than two vote-by-mail ballots per election, other than the
1535 designee’s own ballot, except that additional ballots may be
1536 picked up for members of the designee’s immediate family. For
1537 purposes of this section, “immediate family” means the
1538 designee’s spouse or the parent, child, grandparent, grandchild,
1539 or sibling of the designee or of the designee’s spouse. The
1540 designee shall provide to the supervisor the written
1541 authorization by the voter elector and a picture identification
1542 of the designee and must complete an affidavit. The designee
1543 shall state in the affidavit that the designee is authorized by
1544 the voter elector to pick up that ballot and shall indicate if
1545 the voter elector is a member of the designee’s immediate family
1546 and, if so, the relationship. The department shall prescribe the
1547 form of the affidavit. If the supervisor is satisfied that the
1548 designee is authorized to pick up the ballot and that the
1549 signature of the voter elector on the written authorization
1550 matches the signature of the voter elector on file, the
1551 supervisor must shall give the ballot to that designee for
1552 delivery to the voter elector.
1553 5. Except as provided in s. 101.655, the supervisor may not
1554 deliver a vote-by-mail ballot to a voter an elector or a voter’s
1555 designee pursuant to subparagraph 3. or subparagraph 4.,
1556 respectively, during the mandatory early voting period and up to
1557 7 p.m. on election day, an elector’s immediate family member on
1558 the day of the election unless there is an emergency, to the
1559 extent that the voter elector will be unable to go to a
1560 designated early voting site in his or her county or to his or
1561 her assigned polling place on election day. If a vote-by-mail
1562 ballot is delivered, the voter elector or his or her designee
1563 must shall execute an affidavit affirming to the facts which
1564 allow for delivery of the vote-by-mail ballot. The department
1565 shall adopt a rule providing for the form of the affidavit.
1566 (4)(5) SPECIAL CIRCUMSTANCES.—If the department is unable
1567 to certify candidates for an election in time to comply with
1568 paragraph (3)(a) (4)(a), the Department of State is authorized
1569 to prescribe rules for a ballot to be sent to absent uniformed
1570 services voters and overseas voters.
1571 (5)(6) MATERIALS.—Only the materials necessary to vote by
1572 mail may be mailed or delivered with any vote-by-mail ballot.
1573 (6)(7) PROHIBITION.—Except as expressly authorized for
1574 voters having a disability under s. 101.662, for overseas voters
1575 under s. 101.697, or for local referenda under ss. 101.6102 and
1576 101.6103, a county, municipality, or state agency may not send a
1577 vote-by-mail ballot to a voter unless the voter has requested a
1578 vote-by-mail ballot in the manner authorized under this section.
1579 Section 27. Subsection (1) of section 101.67, Florida
1580 Statutes, is amended to read:
1581 101.67 Safekeeping of mailed ballots; deadline for
1582 receiving vote-by-mail ballots.—
1583 (1)(a) The supervisor of elections shall safely keep in his
1584 or her office any envelopes received containing marked ballots
1585 of absent electors, and he or she shall, before the canvassing
1586 of the election returns, deliver the envelopes to the county
1587 canvassing board along with his or her file or list kept
1588 regarding said ballots.
1589 (b) To the extent practicable, the supervisor of elections
1590 shall segregate any vote-by-mail ballots received from a person
1591 to whom notice has been sent pursuant to s. 98.075(7), but for
1592 whom a final determination of eligibility has not been made, and
1593 shall treat them as provisional ballots for individual review by
1594 the county canvassing board. The supervisor shall attempt to
1595 contact each voter whose ballot has been set aside under this
1596 paragraph in the same manner as if the voter had voted a
1597 provisional ballot under s. 101.048.
1598 Section 28. Subsection (1) of section 101.68, Florida
1599 Statutes, is amended to read:
1600 101.68 Canvassing of vote-by-mail ballot.—
1601 (1)(a) The supervisor of the county where the absent
1602 elector resides shall receive the voted ballot, at which time
1603 the supervisor shall compare the signature of the elector on the
1604 voter’s certificate with the signature of the elector in the
1605 registration books or the precinct register to determine whether
1606 the elector is duly registered in the county and must record on
1607 the elector’s registration record that the elector has voted.
1608 During the signature comparison process, the supervisor may not
1609 use any knowledge of the political affiliation of the elector
1610 voter whose signature is subject to verification.
1611 (b) An elector who dies after casting a vote-by-mail ballot
1612 but on or before election day shall remain listed in the
1613 registration books until the results have been certified for the
1614 election in which the ballot was cast. The supervisor shall
1615 safely keep the ballot unopened in his or her office until the
1616 county canvassing board canvasses the vote pursuant to
1617 subsection (2).
1618 (c) If two or more vote-by-mail ballots for the same
1619 election are returned in one mailing envelope, the ballots may
1620 not be counted.
1621 (d) Except as provided in subsection (4), after a vote-by
1622 mail ballot is received by the supervisor, the ballot is deemed
1623 to have been cast, and changes or additions may not be made to
1624 the voter’s certificate.
1625 Section 29. Section 101.6923, Florida Statutes, is amended
1626 to read:
1627 101.6923 Special vote-by-mail ballot instructions for
1628 certain first-time voters.—
1629 (1) This section applies The provisions of this section
1630 apply to voters who are subject to the provisions of s. 97.0535
1631 and who have not provided the identification or information
1632 required by s. 97.0535 by the time the vote-by-mail ballot is
1633 mailed.
1634 (2) A voter covered by this section must shall be provided
1635 with printed instructions with his or her vote-by-mail ballot in
1636 substantially the following form:
1637
1638 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
1639 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
1640 YOUR BALLOT NOT TO COUNT.
1641
1642 1. In order to ensure that your vote-by-mail ballot will be
1643 counted, it should be completed and returned as soon as possible
1644 so that it can reach the supervisor of elections of the county
1645 in which your precinct is located no later than 7 p.m. on the
1646 date of the election. However, if you are an overseas voter
1647 casting a ballot in a presidential preference primary or general
1648 election, your vote-by-mail ballot must be postmarked or dated
1649 no later than the date of the election and received by the
1650 supervisor of elections of the county in which you are
1651 registered to vote no later than 10 days after the date of the
1652 election. Note that the later you return your ballot, the less
1653 time you will have to cure signature deficiencies, which is
1654 authorized until 5 p.m. local time on the 2nd day after the
1655 election.
1656 2. Mark your ballot in secret as instructed on the ballot.
1657 You must mark your own ballot unless you are unable to do so
1658 because of blindness, disability, or inability to read or write.
1659 3. Mark only the number of candidates or issue choices for
1660 a race as indicated on the ballot. If you are allowed to “Vote
1661 for One” candidate and you vote for more than one, your vote in
1662 that race will not be counted.
1663 4. Place your marked ballot in the enclosed secrecy
1664 envelope and seal the envelope.
1665 5. Insert the secrecy envelope into the enclosed envelope
1666 bearing the Voter’s Certificate. Seal the envelope and
1667 completely fill out the Voter’s Certificate on the back of the
1668 envelope.
1669 a. You must sign your name on the line above (Voter’s
1670 Signature).
1671 b. If you are an overseas voter, you must include the date
1672 you signed the Voter’s Certificate on the line above (Date) or
1673 your ballot may not be counted.
1674 c. A vote-by-mail ballot will be considered illegal and
1675 will not be counted if the signature on the Voter’s Certificate
1676 does not match the signature on record. The signature on file at
1677 the start of the canvass of the vote-by-mail ballots is the
1678 signature that will be used to verify your signature on the
1679 Voter’s Certificate. If you need to update your signature for
1680 this election, send your signature update on a voter
1681 registration application to your supervisor of elections so that
1682 it is received before your vote-by-mail ballot is received.
1683 6. Unless you meet one of the exemptions in Item 7., you
1684 must make a copy of one of the following forms of
1685 identification:
1686 a. Identification which must include your name and
1687 photograph: United States passport; debit or credit card;
1688 military identification; student identification; retirement
1689 center identification; neighborhood association identification;
1690 public assistance identification; veteran health identification
1691 card issued by the United States Department of Veterans Affairs;
1692 a Florida license to carry a concealed weapon or firearm; or an
1693 employee identification card issued by any branch, department,
1694 agency, or entity of the Federal Government, the state, a
1695 county, or a municipality; or
1696 b. Identification which shows your name and current
1697 residence address: current utility bill, bank statement,
1698 government check, paycheck, or government document (excluding
1699 voter information card).
1700 7. The identification requirements of Item 6. do not apply
1701 if you meet one of the following requirements:
1702 a. You are 65 years of age or older.
1703 b. You have a temporary or permanent physical disability.
1704 c. You are a member of a uniformed service on active duty
1705 who, by reason of such active duty, will be absent from the
1706 county on election day.
1707 d. You are a member of the Merchant Marine who, by reason
1708 of service in the Merchant Marine, will be absent from the
1709 county on election day.
1710 e. You are the spouse or dependent of a member referred to
1711 in paragraph c. or paragraph d. who, by reason of the active
1712 duty or service of the member, will be absent from the county on
1713 election day.
1714 f. You are currently residing outside the United States.
1715 8. Place the envelope bearing the Voter’s Certificate into
1716 the mailing envelope addressed to the supervisor. Insert a copy
1717 of your identification in the mailing envelope. DO NOT PUT YOUR
1718 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1719 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
1720 BALLOT WILL NOT COUNT.
1721 9. Mail, deliver, or have delivered the completed mailing
1722 envelope. Be sure there is sufficient postage if mailed.
1723 10. FELONY NOTICE. It is a felony under Florida law to
1724 accept any gift, payment, or gratuity in exchange for your vote
1725 for a candidate. It is also a felony under Florida law to vote
1726 in an election using a false identity or false address, or under
1727 any other circumstances making your ballot false or fraudulent.
1728 Section 30. Subsections (1) and (3) of section 101.6925,
1729 Florida Statutes, are amended to read:
1730 101.6925 Canvassing special vote-by-mail ballots.—
1731 (1) The supervisor of the county where the voter absent
1732 elector resides shall receive the voted special vote-by-mail
1733 ballot, at which time the mailing envelope must shall be opened
1734 to determine if the voter has enclosed the identification
1735 required or has indicated on the Voter’s Certificate that he or
1736 she is exempt from the identification requirements.
1737 (3) If the identification is not enclosed in the mailing
1738 envelope and the voter has not indicated that he or she is
1739 exempt from the identification requirements, the supervisor must
1740 shall check the voter registration records to determine if the
1741 voter’s identification was previously received or the voter had
1742 previously notified the supervisor that he or she was exempt.
1743 The envelope with the Voter’s Certificate may shall not be
1744 opened unless the identification has been received or the voter
1745 has indicated that he or she is exempt. The ballot must shall be
1746 treated as a provisional ballot and may until 7 p.m. on election
1747 day and shall not be canvassed unless the supervisor has
1748 received the required identification or written indication of
1749 exemption by 5 7 p.m. local time on the 2nd day following the on
1750 election day.
1751 Section 31. Subsection (1) of section 101.694, Florida
1752 Statutes, is amended to read:
1753 101.694 Mailing of ballots upon receipt of federal postcard
1754 application.—
1755 (1) Upon receipt of a federal postcard application for a
1756 vote-by-mail ballot executed by a person whose registration is
1757 in order or whose application is sufficient to register or
1758 update the registration of that person, the supervisor shall
1759 send the ballot in accordance with s. 101.62(3) s. 101.62(4).
1760 Section 32. Subsections (2) and (5) of section 101.71,
1761 Florida Statutes, are amended to read:
1762 101.71 Polling place.—
1763 (2) Notwithstanding the provisions of subsection (1),
1764 whenever the supervisor of elections of any county determines
1765 that the accommodations for holding any election at a polling
1766 place designated for any precinct in the county are unavailable,
1767 are inadequate for the expeditious and efficient housing and
1768 handling of voting and voting paraphernalia, or do not comply
1769 with the requirements of s. 101.715, the supervisor shall, not
1770 less than 30 days before prior to the holding of an election,
1771 provide for the voting place for such precinct to be moved to
1772 another site that is accessible to the public on election day in
1773 said precinct or, if such is not available, to another site that
1774 is accessible to the public on election day in a contiguous
1775 precinct. If such action of the supervisor results in the voting
1776 place for two or more precincts being located for the purposes
1777 of an election in one building, the supervisor of elections
1778 shall provide adequate supplies, equipment, and personnel are
1779 available to accommodate the voters for the precincts that are
1780 collocated. When any supervisor moves any polling place pursuant
1781 to this subsection, the supervisor shall, not more than 30 days
1782 or fewer than 7 days before prior to the holding of an election,
1783 give notice of the change of the polling place for the precinct
1784 involved, with clear description of the voting place to which
1785 changed, by publication on the county’s website as provided in
1786 s. 50.0311, on the supervisor’s website, or at least once in a
1787 newspaper of general circulation in the county and on the
1788 supervisor of elections’ website. A notice of the change of the
1789 polling place involved shall be mailed, at least 14 days before
1790 prior to an election, to each registered elector or to each
1791 household in which there is a registered elector.
1792 (5) Public, tax-supported buildings must shall be made
1793 available for use as polling places, or early voting locations
1794 that meet the requirements specified in s. 101.657, upon the
1795 request of the supervisor of elections.
1796 Section 33. Subsection (2) of section 101.733, Florida
1797 Statutes, is amended to read:
1798 101.733 Election emergency; purpose; elections emergency
1799 contingency plan.—Because of the existing and continuing
1800 possibility of an emergency or common disaster occurring before
1801 or during a regularly scheduled or special election, and in
1802 order to ensure maximum citizen participation in the electoral
1803 process and provide a safe and orderly procedure for persons
1804 seeking to exercise their right to vote, generally to minimize
1805 to whatever degree possible a person’s exposure to danger during
1806 declared states of emergency, and to protect the integrity of
1807 the electoral process, it is hereby found and declared to be
1808 necessary to designate a procedure for the emergency suspension
1809 or delay and rescheduling of elections.
1810 (2) The Governor, upon consultation with the Secretary of
1811 State, shall reschedule any election suspended or delayed due to
1812 an emergency. The election shall be held within 10 days after
1813 the date of the suspended or delayed election or as soon
1814 thereafter as is practicable. Notice of the election must shall
1815 be published on the affected county’s website as provided in s.
1816 50.0311, on the affected supervisor’s website, or at least once
1817 in a newspaper of general circulation in the affected area and,
1818 where practicable, broadcast as a public service announcement on
1819 radio and television stations at least 1 week before prior to
1820 the date the election is to be held.
1821 Section 34. Subsection (2) of section 102.111, Florida
1822 Statutes, is amended to read:
1823 102.111 Elections Canvassing Commission.—
1824 (2) The Elections Canvassing Commission shall meet at 8 9
1825 a.m. on the 9th day after a primary election and at 8 9 a.m. on
1826 the 14th day after a general election to certify the returns of
1827 the election for each federal, state, and multicounty office. If
1828 a member of a county canvassing board that was constituted
1829 pursuant to s. 102.141 determines, within 5 days after the
1830 certification by the Elections Canvassing Commission, that a
1831 typographical error occurred in the official returns of the
1832 county, the correction of which could result in a change in the
1833 outcome of an election, the county canvassing board must certify
1834 corrected returns to the Department of State within 24 hours,
1835 and the Elections Canvassing Commission must correct and
1836 recertify the election returns as soon as practicable.
1837 Section 35. Subsection (2) of section 102.112, Florida
1838 Statutes, is amended to read:
1839 102.112 Deadline for submission of county returns to the
1840 Department of State.—
1841 (2) Returns must be filed no later than noon by 5 p.m. on
1842 the 8th 7th day following a primary election and no later than
1843 by noon on the 13th 12th day following the general election.
1844 However, the Department of State may correct typographical
1845 errors, including the transposition of numbers, in any returns
1846 submitted to the Department of State pursuant to s. 102.111(2).
1847 Section 36. Subsection (1), paragraph (b) of subsection
1848 (2), and subsection (10) of section 102.141, Florida Statutes,
1849 are amended to read:
1850 102.141 County canvassing board; duties.—
1851 (1) The county canvassing board shall be composed of the
1852 supervisor of elections; a county court judge, who shall act as
1853 chair; and the chair of the board of county commissioners. The
1854 names of the canvassing board members must be published on the
1855 supervisor’s website upon completion of the logic and accuracy
1856 test. At least two alternate canvassing board members must be
1857 appointed pursuant to paragraph (e). In the event any member of
1858 the county canvassing board is unable to serve, is a candidate
1859 who has opposition in the election being canvassed, or is an
1860 active participant in the campaign or candidacy of any candidate
1861 who has opposition in the election being canvassed, such member
1862 shall be replaced as follows:
1863 (a) If a no county court judge is unable able to serve or
1864 if all are disqualified, the chief judge of the judicial circuit
1865 in which the county is located must shall appoint as a
1866 substitute member a qualified elector of the county who is not a
1867 candidate with opposition in the election being canvassed and
1868 who is not an active participant in the campaign or candidacy of
1869 any candidate with opposition in the election being canvassed.
1870 In such event, the members of the county canvassing board shall
1871 meet and elect a chair.
1872 (b) If the supervisor of elections is unable to serve or is
1873 disqualified, the chair of the board of county commissioners
1874 must shall appoint as a substitute member a member of the board
1875 of county commissioners who is not a candidate with opposition
1876 in the election being canvassed and who is not an active
1877 participant in the campaign or candidacy of any candidate with
1878 opposition in the election being canvassed. The supervisor,
1879 however, shall act in an advisory capacity to the canvassing
1880 board.
1881 (c) If the chair of the board of county commissioners is
1882 unable to serve or is disqualified, the board of county
1883 commissioners must shall appoint as a substitute member one of
1884 its members who is not a candidate with opposition in the
1885 election being canvassed and who is not an active participant in
1886 the campaign or candidacy of any candidate with opposition in
1887 the election being canvassed.
1888 (d) If a substitute member or alternate member cannot be
1889 appointed as provided elsewhere in this subsection, or in the
1890 event of a vacancy in such office, the chief judge of the
1891 judicial circuit in which the county is located must shall
1892 appoint as a substitute member or alternate member a qualified
1893 elector of the county who is not a candidate with opposition in
1894 the election being canvassed and who is not an active
1895 participant in the campaign or candidacy of any candidate with
1896 opposition in the election being canvassed.
1897 (e)1. The chief judge of the judicial circuit in which the
1898 county is located shall appoint a county court judge as an
1899 alternate member of the county canvassing board or, if each
1900 county court judge is unable to serve or is disqualified, shall
1901 appoint an alternate member who is qualified to serve as a
1902 substitute member under paragraph (a). Any alternate may serve
1903 in any seat.
1904 2. The chair of the board of county commissioners shall
1905 appoint a member of the board of county commissioners as an
1906 alternate member of the county canvassing board or, if each
1907 member of the board of county commissioners is unable to serve
1908 or is disqualified, shall appoint an alternate member who is
1909 qualified to serve as a substitute member under paragraph (d).
1910 3. If a member of the county canvassing board is unable to
1911 participate in a meeting of the board, the chair of the county
1912 canvassing board or his or her designee must shall designate
1913 which alternate member will serve as a member of the board in
1914 the place of the member who is unable to participate at that
1915 meeting.
1916 4. If not serving as one of the three members of the county
1917 canvassing board, an alternate member may be present, observe,
1918 and communicate with the three members constituting the county
1919 canvassing board, but may not vote in the board’s decisions or
1920 determinations.
1921 (2)
1922 (b) Public notice of the canvassing board members,
1923 alternates, time, and place at which the county canvassing board
1924 shall meet to canvass the absent electors’ ballots and
1925 provisional ballots must be given at least 48 hours prior
1926 thereto by publication on the county’s website as provided in s.
1927 50.0311, on the supervisor’s website, or and published in one or
1928 more newspapers of general circulation in the county. or, If the
1929 applicable website becomes unavailable or there is no newspaper
1930 of general circulation in the county, the notice must be posted
1931 by posting such notice in at least four conspicuous places in
1932 the county. The time given in the notice as to the convening of
1933 the meeting of the county canvassing board must be specific and
1934 may not be a time period during which the board may meet.
1935 (10)(a) The supervisor At the same time that the official
1936 results of an election are certified to the Department of State,
1937 the county canvassing board shall file a report with the
1938 Division of Elections on the conduct of the election no later
1939 than 20 business days after the Elections Canvassing Commission
1940 certifies the election. The report must, at a minimum, describe
1941 all of the following:
1942 1. All equipment or software malfunctions at the precinct
1943 level, at a counting location, or within computer and
1944 telecommunications networks supporting a county location, and
1945 the steps that were taken to address the malfunctions.;
1946 2. All election definition errors that were discovered
1947 after the logic and accuracy test, and the steps that were taken
1948 to address the errors.;
1949 3. All ballot printing errors, vote-by-mail ballot mailing
1950 errors, or ballot supply problems, and the steps that were taken
1951 to address the errors or problems.;
1952 4. All staffing shortages or procedural violations by
1953 employees or precinct workers which were addressed by the
1954 supervisor of elections or the county canvassing board during
1955 the conduct of the election, and the steps that were taken to
1956 correct such issues.;
1957 5. All instances where needs for staffing or equipment were
1958 insufficient to meet the needs of the voters.; and
1959 6. Any additional information regarding material issues or
1960 problems associated with the conduct of the election.
1961 (b) If a supervisor discovers new or additional information
1962 on any of the items required to be included in the report
1963 pursuant to paragraph (a) after the report is filed, the
1964 supervisor must shall notify the division that new information
1965 has been discovered no later than the next business day after
1966 the discovery, and the supervisor must shall file an amended
1967 report signed by the supervisor of elections on the conduct of
1968 the election within 10 days after the discovery.
1969 (c) Such reports must shall be maintained on file in the
1970 Division of Elections and must shall be available for public
1971 inspection.
1972 (d) The division shall review the conduct of election
1973 reports utilize the reports submitted by the canvassing boards
1974 to determine what problems may be likely to occur in other
1975 elections and disseminate such information, along with possible
1976 solutions and training, to the supervisors of elections.
1977 (e) The department shall submit the analysis of these
1978 reports for the general election as part of the consolidated
1979 reports required under ss. 101.591 and 101.595 to the Governor,
1980 the President of the Senate, and the Speaker of the House of
1981 Representatives by February 15 of each year following a general
1982 election.
1983 Section 37. Section 103.021, Florida Statutes, is amended
1984 to read:
1985 103.021 Nomination for presidential electors.—Candidates
1986 for presidential electors shall be nominated in the following
1987 manner:
1988 (1)(a) The Governor shall nominate the presidential
1989 electors of each political party. The state executive committee
1990 of each political party shall by resolution recommend candidates
1991 for presidential electors and deliver a certified copy thereof
1992 to the Governor no later than noon on August 24 before September
1993 1 of each presidential election year. The Governor shall
1994 nominate only the electors recommended by the state executive
1995 committee of the respective political party.
1996 (b) The state executive committee of each political party
1997 shall submit the Florida voter registration number and contact
1998 information of each presidential elector. Each such presidential
1999 elector must shall be a qualified registered voter of this state
2000 and member elector of the party he or she represents who has
2001 taken a written an oath that he or she will vote for the
2002 candidates of the party that he or she is nominated to
2003 represent.
2004 (c) The Governor shall certify to the Department of State
2005 no later than 5 p.m. on August 24 or before September 1, in each
2006 presidential election year, the names of a number of electors
2007 for each political party equal to the number of senators and
2008 representatives which this state has in Congress.
2009 (2) The names of the presidential electors may shall not be
2010 printed on the general election ballot, but the names of the
2011 actual candidates for President and Vice President for whom the
2012 presidential electors will vote if elected must shall be printed
2013 on the ballot in the order in which the party of which the
2014 candidate is a nominee polled the highest number of votes for
2015 Governor in the last general election.
2016 (3) Candidates for President and Vice President with no
2017 party affiliation may have their names printed on the general
2018 election ballots if a petition is signed by 1 percent of the
2019 registered voters electors of this state, as shown by the
2020 compilation by the Department of State for the last preceding
2021 general election. A separate petition from each county for which
2022 signatures are solicited shall be submitted to the supervisor of
2023 elections of the respective county no later than noon on July 15
2024 of each presidential election year. The supervisor shall check
2025 the names and, on or before the date of the primary election,
2026 shall certify the number shown as registered voters electors of
2027 the county. The supervisor shall be paid by the person
2028 requesting the certification the cost of checking the petitions
2029 as prescribed in s. 99.097. The supervisor shall then forward
2030 the certificate to the Department of State which shall determine
2031 whether or not the percentage factor required in this section
2032 has been met. When the percentage factor required in this
2033 section has been met, the Department of State shall order the
2034 names of the candidates for whom the petition was circulated to
2035 be included on the ballot and shall allow permit the required
2036 number of persons to be certified as presidential electors in
2037 the same manner as party candidates.
2038 (4)(a) A minor political party that is affiliated with a
2039 national party holding a national convention to nominate
2040 candidates for President and Vice President of the United States
2041 may have the names of its candidates for President and Vice
2042 President of the United States printed on the general election
2043 ballot by filing with the Department of State a certificate
2044 naming the candidates for President and Vice President and
2045 listing the required number of persons to serve as presidential
2046 electors. Notification to the Department of State under this
2047 subsection must shall be made no later than 5 p.m. on August 24
2048 by September 1 of the year in which the general election is
2049 held. When the Department of State has been so notified, it
2050 shall order the names of the candidates nominated by the minor
2051 political party to be included on the ballot and shall allow
2052 permit the required number of persons to be certified as
2053 presidential electors in the same manner as other party
2054 candidates. As used in this section, the term “national party”
2055 means a political party that is registered with and recognized
2056 as a qualified national committee of a political party by the
2057 Federal Election Commission.
2058 (b) A minor political party that is not affiliated with a
2059 national party holding a national convention to nominate
2060 candidates for President and Vice President of the United States
2061 may have the names of its candidates for President and Vice
2062 President printed on the general election ballot if a petition
2063 is signed by 1 percent of the registered voters electors of this
2064 state, as shown by the compilation by the Department of State
2065 for the preceding general election. A separate petition from
2066 each county for which signatures are solicited must shall be
2067 submitted to the supervisors of elections of the respective
2068 county no later than noon on July 15 of each presidential
2069 election year. The supervisor shall check the names and, on or
2070 before the date of the primary election, shall certify the
2071 number shown as registered voters electors of the county. The
2072 supervisor shall be paid by the person requesting the
2073 certification the cost of checking the petitions as prescribed
2074 in s. 99.097. The supervisor shall then forward the certificate
2075 to the Department of State, which shall determine whether or not
2076 the percentage factor required in this section has been met.
2077 When the percentage factor required in this section has been
2078 met, the Department of State shall order the names of the
2079 candidates for whom the petition was circulated to be included
2080 on the ballot and shall allow permit the required number of
2081 persons to be certified as presidential electors in the same
2082 manner as other party candidates.
2083 (5) When for any reason a person nominated or elected as a
2084 presidential elector is unable to serve because of death,
2085 incapacity, or otherwise, the Governor may appoint a person to
2086 fill such vacancy who possesses the qualifications required for
2087 the elector to have been nominated in the first instance. Such
2088 person shall file with the Governor a written an oath that he or
2089 she will support the same candidates for President and Vice
2090 President that the person who is unable to serve was committed
2091 to support.
2092 (6) A presidential elector’s refusal or failure to vote for
2093 the candidates for President and Vice President of the party the
2094 presidential elector was nominated to represent constitutes his
2095 or her resignation of the position. The vote he or she cast may
2096 not be recorded, and his or her position as a presidential
2097 elector must be filled as provided in subsection (5).
2098 Section 38. Section 103.022, Florida Statutes, is amended
2099 to read:
2100 103.022 Write-in candidates for President and Vice
2101 President.—
2102 (1) Persons seeking to qualify for election as write-in
2103 candidates for President and Vice President of the United States
2104 may have a blank space provided on the general election ballot
2105 for their names to be written in by filing an oath with the
2106 Department of State at any time after the 57th day, but before
2107 noon of the 49th day, before prior to the date of the primary
2108 election in the year in which a presidential election is held.
2109 (2) The Department of State shall prescribe the form to be
2110 used in administering the oath.
2111 (3) The write-in candidates shall file with the department
2112 a certificate naming the required number of persons to serve as
2113 electors. The write-in candidates shall submit the Florida voter
2114 registration number and contact information for each
2115 presidential elector. Each presidential elector must be a
2116 qualified registered voter of this state. Such write-in
2117 candidates are shall not be entitled to have their names on the
2118 ballot.
2119 Section 39. Subsection (4) of section 103.091, Florida
2120 Statutes, is amended to read:
2121 103.091 Political parties.—
2122 (4) Any political party other than a minor political party
2123 may by rule provide for the membership of its state or county
2124 executive committee to be elected for 4-year terms at the
2125 primary election in each year a presidential election is held.
2126 The terms shall commence on the first day of the month following
2127 each presidential general election; but the names of candidates
2128 for political party offices may shall not be placed on the
2129 ballot at any other election. The results of such election are
2130 shall be determined by a plurality of the votes cast. In such
2131 event, electors seeking to qualify for such office shall do so
2132 with the Department of State or supervisor of elections not
2133 earlier than noon of the 71st day, or later than noon of the
2134 67th day, preceding the primary election. A qualifying office
2135 may accept and hold qualifying papers submitted not earlier than
2136 14 days before the beginning of the qualifying period, to be
2137 processed and filed during the qualifying period. The outgoing
2138 chair of each county executive committee shall, within 30 days
2139 after the committee members take office, hold an organizational
2140 meeting of all newly elected members for the purpose of electing
2141 officers. The chair of each state executive committee shall,
2142 within 60 days after the committee members take office, hold an
2143 organizational meeting of all newly elected members for the
2144 purpose of electing officers.
2145 Section 40. Section 104.16, Florida Statutes, is amended to
2146 read:
2147 104.16 Voting fraudulent ballot.—
2148 (1) Any elector who knowingly votes or attempts to vote a
2149 fraudulent ballot, or any person who knowingly solicits, or
2150 attempts, to vote a fraudulent ballot, is guilty of a felony of
2151 the third degree, punishable as provided in s. 775.082, s.
2152 775.083, or s. 775.084.
2153 (2) Subsection (1) does not apply to an elector to whom
2154 notice has been sent pursuant to s. 98.075(7) and who votes a
2155 provisional ballot or vote-by-mail ballot before a final
2156 determination of eligibility is made.
2157 Section 41. Section 104.18, Florida Statutes, is amended to
2158 read:
2159 104.18 Casting more than one ballot at any election.—
2160 (1) Except as provided in s. 101.6952, whoever willfully
2161 votes more than one ballot at any election commits a felony of
2162 the third degree, punishable as provided in s. 775.082, s.
2163 775.083, or s. 775.084. In any prosecution under this section,
2164 the prosecution may proceed in any jurisdiction in which one of
2165 the ballots was willfully cast, and it is not necessary to prove
2166 which of the ballots was cast first.
2167 (2) For purposes of this section, the term “votes more than
2168 one ballot at any election” means an occurrence of any of the
2169 following:
2170 (a) Voting more than once in the same election within a
2171 county located within this state.
2172 (b) Voting more than once in the same election by voting in
2173 two or more counties located in this state.
2174 (c) Voting more than once in the same election by voting in
2175 this state and in one or more other states or territories of the
2176 United States.
2177 Section 42. Subsection (1) of section 104.42, Florida
2178 Statutes, is amended to read:
2179 104.42 Fraudulent registration and illegal voting;
2180 investigation.—
2181 (1) The supervisor of elections is authorized to
2182 investigate fraudulent registrations and illegal voting and to
2183 report his or her findings to the local state attorney and the
2184 Office of Election Crimes and Security Florida Elections
2185 Commission.
2186 Section 43. Paragraph (c) is added to subsection (4) of
2187 section 105.031, Florida Statutes, to read:
2188 105.031 Qualification; filing fee; candidate’s oath; items
2189 required to be filed.—
2190 (4) CANDIDATE’S OATH.—
2191 (c) In addition, each candidate for judicial office shall,
2192 at the time of subscribing to the oath or affirmation, state in
2193 writing whether he or she owes any outstanding fines, fees, or
2194 penalties that cumulatively exceed $250 for any violations of s.
2195 8, Art. II of the State Constitution, the Code of Ethics for
2196 Public Officers and Employees under part III of chapter 112, any
2197 local ethics ordinance governing standards of conduct and
2198 disclosure requirements, or chapter 106. If the candidate owes
2199 any outstanding fines, fees, or penalties exceeding the
2200 threshold amount specified in this paragraph, he or she must
2201 also specify the amount owed and each entity that levied such
2202 fine, fee, or penalty. For purposes of this paragraph, any such
2203 fines, fees, or penalties that have been paid in full at the
2204 time of subscribing to the oath or affirmation are not deemed to
2205 be outstanding.
2206 Section 44. Present paragraphs (a), (b), and (c) of
2207 subsection (7) of section 106.03, Florida Statutes, are
2208 redesignated as paragraphs (b), (c), and (d), respectively, and
2209 a new paragraph (a) is added to that subsection, to read:
2210 106.03 Registration of political committees and
2211 electioneering communications organizations.—
2212 (7) The Division of Elections shall adopt rules to
2213 prescribe the manner in which committees and electioneering
2214 communications organizations may be dissolved and have their
2215 registration canceled. Such rules shall, at a minimum, provide
2216 for:
2217 (a) Payment of fines prior to registration cancelation or
2218 dissolution.
2219 Section 45. Subsection (1) and paragraph (c) of subsection
2220 (8) of section 106.07, Florida Statutes, are amended to read:
2221 106.07 Reports; certification and filing.—
2222 (1) Each campaign treasurer designated by a candidate or
2223 political committee pursuant to s. 106.021 shall file regular
2224 reports of all contributions received, and all expenditures
2225 made, by or on behalf of such candidate or political committee.
2226 Except for the third calendar quarter immediately preceding a
2227 general election as provided in paragraphs (a) and (b), reports
2228 must shall be filed on the 10th day following the end of each
2229 calendar quarter month from the time the campaign treasurer is
2230 appointed, except that, if the 10th day following the end of a
2231 calendar quarter month occurs on a Saturday, Sunday, or legal
2232 holiday, the report must shall be filed on the next following
2233 day that is not a Saturday, Sunday, or legal holiday. Quarterly
2234 Monthly reports must shall include all contributions received
2235 and expenditures made during the calendar quarter month which
2236 have not otherwise been reported pursuant to this section.
2237 (a) A statewide candidate or a political committee required
2238 to file reports with the division must file reports:
2239 1. On the 60th day immediately preceding the primary
2240 election, and each week thereafter, with the last weekly report
2241 being filed on the 4th day immediately preceding the general
2242 election.
2243 2. On the 10th day immediately preceding the general
2244 election, and each day thereafter, with the last daily report
2245 being filed the 5th day immediately preceding the general
2246 election.
2247 (b) Any other candidate or a political committee required
2248 to file reports with a filing officer other than the division
2249 must file reports on the 60th day immediately preceding the
2250 primary election, and biweekly on each Friday thereafter through
2251 and including the 4th day immediately preceding the general
2252 election, with additional reports due on the 25th and 11th days
2253 before the primary election and the general election.
2254 (c) Following the last day of qualifying for office, any
2255 unopposed candidate need only file a report within 90 days after
2256 the date such candidate became unopposed. Such report shall
2257 contain all previously unreported contributions and expenditures
2258 as required by this section and shall reflect disposition of
2259 funds as required by s. 106.141.
2260 (d)1. When a special election is called to fill a vacancy
2261 in office, all political committees making contributions or
2262 expenditures to influence the results of such special election
2263 or the preceding special primary election shall file campaign
2264 treasurers’ reports with the filing officer on the dates set by
2265 the Department of State pursuant to s. 100.111.
2266 2. When an election is called for an issue to appear on the
2267 ballot at a time when no candidates are scheduled to appear on
2268 the ballot, all political committees making contributions or
2269 expenditures in support of or in opposition to such issue shall
2270 file reports on the 18th and 4th days before such election.
2271 (e) The filing officer shall provide each candidate with a
2272 schedule designating the beginning and end of reporting periods
2273 as well as the corresponding designated due dates.
2274 (f) A county, a municipality, or any other local
2275 governmental entity is expressly preempted from enacting or
2276 adopting a reporting schedule that differs from the requirements
2277 established in this subsection.
2278 (8)
2279 (c) Any candidate or chair of a political committee may
2280 appeal or dispute the fine, based upon, but not limited to,
2281 unusual circumstances surrounding the failure to file on the
2282 designated due date, and may request and shall be entitled to a
2283 hearing before the Florida Elections Commission, which shall
2284 have the authority to waive the fine in whole or in part. The
2285 Florida Elections Commission must consider the mitigating and
2286 aggravating circumstances contained in s. 106.265(3) s.
2287 106.265(2) when determining the amount of a fine, if any, to be
2288 waived. Any such request shall be made within 20 days after
2289 receipt of the notice of payment due. In such case, the
2290 candidate or chair of the political committee shall, within the
2291 20-day period, notify the filing officer in writing of his or
2292 her intention to bring the matter before the commission.
2293 Section 46. Paragraph (c) of subsection (7) of section
2294 106.0702, Florida Statutes, is amended to read:
2295 106.0702 Reporting; political party executive committee
2296 candidates.—
2297 (7)
2298 (c) A reporting individual may appeal or dispute the fine,
2299 based upon, but not limited to, unusual circumstances
2300 surrounding the failure to file on the designated due date, and
2301 may request and is entitled to a hearing before the Florida
2302 Elections Commission, which has the authority to waive the fine
2303 in whole or in part. The Florida Elections Commission must
2304 consider the mitigating and aggravating circumstances contained
2305 in s. 106.265(3) s. 106.265(2) when determining the amount of a
2306 fine, if any, to be waived. Any such request shall be made
2307 within 20 days after receipt of the notice of payment due. In
2308 such case, the reporting individual must, within 20 days after
2309 receipt of the notice, notify the supervisor in writing of his
2310 or her intention to bring the matter before the commission.
2311 Section 47. Paragraph (a) of subsection (1) and paragraph
2312 (c) of subsection (7) of section 106.0703, Florida Statutes, are
2313 amended to read:
2314 106.0703 Electioneering communications organizations;
2315 reporting requirements; certification and filing; penalties.—
2316 (1)(a) Each electioneering communications organization
2317 shall file regular reports of all contributions received and all
2318 expenditures made by or on behalf of the organization. Except
2319 for the third calendar quarter immediately preceding a general
2320 election as provided in paragraphs (b) and (c), reports must be
2321 filed on the 10th day following the end of each calendar quarter
2322 month from the time the organization is registered. However, if
2323 the 10th day following the end of a calendar quarter month
2324 occurs on a Saturday, Sunday, or legal holiday, the report must
2325 be filed on the next following day that is not a Saturday,
2326 Sunday, or legal holiday. Quarterly Monthly reports must include
2327 all contributions received and expenditures made during the
2328 calendar quarter month that have not otherwise been reported
2329 pursuant to this section.
2330 (7)
2331 (c) The treasurer of an electioneering communications
2332 organization may appeal or dispute the fine, based upon, but not
2333 limited to, unusual circumstances surrounding the failure to
2334 file on the designated due date, and may request and shall be
2335 entitled to a hearing before the Florida Elections Commission,
2336 which shall have the authority to waive the fine in whole or in
2337 part. The Florida Elections Commission must consider the
2338 mitigating and aggravating circumstances contained in s.
2339 106.265(3) s. 106.265(2) when determining the amount of a fine,
2340 if any, to be waived. Any such request shall be made within 20
2341 days after receipt of the notice of payment due. In such case,
2342 the treasurer of the electioneering communications organization
2343 shall, within the 20-day period, notify the filing officer in
2344 writing of his or her intention to bring the matter before the
2345 commission.
2346 Section 48. Paragraph (b) of subsection (2) of section
2347 106.08, Florida Statutes, is amended to read:
2348 106.08 Contributions; limitations on.—
2349 (2)
2350 (b) A candidate for statewide office may not accept
2351 contributions from national, state, or county executive
2352 committees of a political party, including any subordinate
2353 committee of the political party, or affiliated party
2354 committees, which contributions in the aggregate exceed
2355 $250,000. Polling services, research services, costs for
2356 campaign staff, professional consulting services, and telephone
2357 calls, and text messages are not contributions to be counted
2358 toward the contribution limits of paragraph (a) or this
2359 paragraph. Any item not expressly identified in this paragraph
2360 as nonallocable is a contribution in an amount equal to the fair
2361 market value of the item and must be counted as allocable toward
2362 the contribution limits of paragraph (a) or this paragraph.
2363 Nonallocable, in-kind contributions must be reported by the
2364 candidate under s. 106.07 and by the political party or
2365 affiliated party committee under s. 106.29.
2366 Section 49. Section 106.1436, Florida Statutes, is created
2367 to read:
2368 106.1436 Voter guide; disclaimers; violations.—
2369 (1) As used in this section, the term “voter guide” means
2370 direct mail that is either an electioneering communication or a
2371 political advertisement sent for the purpose of advocating for
2372 or endorsing particular issues or candidates by recommending
2373 specific electoral choices to the voter or by indicating issue
2374 or candidate selections on an unofficial ballot. The term does
2375 not apply to direct mail or publications made by governmental
2376 entities or government officials in their official capacity.
2377 (2) A person may not, directly or indirectly, represent
2378 that a voter guide is an official publication of a political
2379 party unless such person is given written permission pursuant to
2380 s. 103.081.
2381 (3) A voter guide circulated before, or on the day of, an
2382 election must, in bold font with a font size of at least 12
2383 point, prominently:
2384 (a) Display the following disclaimer at the top of the
2385 first page of the voter guide:
2386 1. If the voter guide is an electioneering communication,
2387 the disclaimer required under s. 106.1439; or
2388 2. If the voter guide is a political advertisement, the
2389 disclaimer required under s. 106.143.
2390 (b) Be marked “Voter Guide” with such text appearing
2391 immediately below the disclaimer required in paragraph (a).
2392 (4)(a) In addition to any other penalties provided by law,
2393 a person who fails to comply with this section commits a
2394 misdemeanor of the first degree, punishable as provided in s.
2395 775.082 or by a fine of not less than $25 for each individual
2396 voter guide distributed.
2397 (b) Any fine imposed pursuant to paragraph (a) may not
2398 exceed $2,500 in the aggregate in any calendar month.
2399 Section 50. Present subsections (2) through (6) of section
2400 106.265, Florida Statutes, are redesignated as subsections (3)
2401 through (7), respectively, subsection (1) of that section is
2402 amended, and a new subsection (2) is added to that section, to
2403 read:
2404 106.265 Civil penalties.—
2405 (1)(a) The commission or, in cases referred to the Division
2406 of Administrative Hearings pursuant to s. 106.25(5), the
2407 administrative law judge is authorized upon the finding of a
2408 violation of this chapter or chapter 104 to impose civil
2409 penalties in the form of fines not to exceed $2,500 $1,000 per
2410 count. The fine may be multiplied by a factor of 3, not to
2411 exceed $7,500, for each subsequent count of the same category,
2412 beginning with the fourth offense., or,
2413 (b) If applicable, the commission or the administrative law
2414 judge may instead to impose a civil penalty as provided in s.
2415 104.271 or s. 106.19.
2416 (2) A fine imposed against a political committee jointly
2417 and severally attaches to the chair of the political committee
2418 if the political committee does not pay the fine within 30 days.
2419 Section 51. Paragraph (e) of subsection (4) of section
2420 322.142, Florida Statutes, is amended to read:
2421 322.142 Color photographic or digital imaged licenses.—
2422 (4) The department may maintain a film negative or print
2423 file. The department shall maintain a record of the digital
2424 image and signature of the licensees, together with other data
2425 required by the department for identification and retrieval.
2426 Reproductions from the file or digital record are exempt from
2427 the provisions of s. 119.07(1) and may be made and issued only:
2428 (e) To the Department of State or a supervisor of elections
2429 pursuant to an interagency agreement to facilitate
2430 determinations of eligibility of voter registration applicants
2431 and registered voters in accordance with ss. 98.045 and 98.075;
2432 Section 52. Except as otherwise expressly provided in this
2433 act and except for this section, which shall take effect upon
2434 this act becoming a law, this act shall take effect July 1,
2435 2023.
2436
2437 ================= T I T L E A M E N D M E N T ================
2438 And the title is amended as follows:
2439 Delete everything before the enacting clause
2440 and insert:
2441 A bill to be entitled
2442 An act relating to elections; amending s. 97.012,
2443 F.S.; requiring the Secretary of State to provide
2444 mandatory formal signature matching training to
2445 specified persons; requiring the Department of State
2446 to adopt specified rules; amending s. 97.052, F.S.;
2447 conforming a provision to changes made by the act;
2448 amending s. 97.057, F.S.; conforming a cross
2449 reference; amending s. 97.0575, F.S.; requiring that
2450 third-party voter registration organizations provide
2451 to the Division of Elections the general election
2452 cycle for which they are registering persons to vote,
2453 beginning on a certain date; requiring that third
2454 party voter registration organizations provide to the
2455 division certain affirmations; providing that a third
2456 party voter registration organization is liable for
2457 certain fines in certain circumstances; providing that
2458 the registration of such organizations expires at the
2459 conclusion of the organizations’ lawful
2460 responsibilities following such election cycle,
2461 beginning on a certain date; requiring such
2462 organizations to provide applicants with a specified
2463 receipt; requiring the division to adopt by rule a
2464 uniform format for such receipt by a specified date;
2465 revising the timeframe within which such organizations
2466 must deliver applications to the division or a
2467 supervisor of elections; revising the fines for
2468 failure to submit applications to the division or the
2469 supervisor within the specified timeframe; prohibiting
2470 a person collecting applications on behalf of a third
2471 party voter registration organization from copying
2472 specified information from the application for reasons
2473 other than complying with specified requirements;
2474 providing criminal penalties; prohibiting
2475 organizations from providing prefilled voter
2476 registration applications to applicants; providing
2477 civil penalties; providing for retroactive
2478 application; amending s. 97.071, F.S.; revising the
2479 contents of voter information cards; providing
2480 construction; providing applicability; amending s.
2481 98.065, F.S.; revising the procedures a supervisor
2482 must incorporate as part of his or her list
2483 maintenance program; deleting a provision relating to
2484 the address to which certain voter registration mail
2485 must be addressed; revising requirements applicable to
2486 registration list maintenance programs; requiring a
2487 supervisor to conduct a certain review of voter
2488 registration records at least annually and take
2489 certain actions; amending s. 98.0655, F.S.; deleting a
2490 provision that requires an address confirmation
2491 request to include a certain statement; amending s.
2492 98.075, F.S.; deleting the scheduled repeal of a
2493 public records exemption for certain voter
2494 registration information from another state or the
2495 District of Columbia; requiring the supervisor to
2496 remove the name of a registered voter from the
2497 statewide voter registration system within a specified
2498 timeframe if certain conditions exist; requiring the
2499 supervisor to coordinate with his or her respective
2500 clerk of the court to obtain information of those
2501 registered voters convicted of a felony who have not
2502 had their voting rights restored; requiring a
2503 supervisor to adhere to specified procedures before
2504 the removal of a registered voter from the statewide
2505 voter registration system; providing construction;
2506 requiring the notice that the supervisor must provide
2507 to a potentially ineligible voter to include a
2508 specified statement; authorizing a supervisor to post
2509 a specified notice on the county’s website or the
2510 supervisor’s website; requiring the notice to contain
2511 specified statements; requiring the supervisor to make
2512 a final determination of the voter’s eligibility
2513 within a specified timeframe and remove the name of a
2514 registered voter within a specified timeframe if the
2515 registered voter fails to respond or responds in a
2516 certain manner to certain notices; requiring the
2517 supervisor to review evidence and make a determination
2518 of eligibility within a specified timeframe in certain
2519 circumstances; requiring the supervisor to remove an
2520 ineligible voter within a specified timeframe and
2521 notify the voter that he or she has the right to
2522 appeal the determination of ineligibility; requiring
2523 the supervisor to schedule and issue notice of a
2524 hearing within a specified timeframe after receiving
2525 the voter’s hearing request; requiring that the
2526 hearing be held within a specified timeframe;
2527 authorizing the voter to request an extension;
2528 conforming provisions to changes made by the act;
2529 amending s. 98.077, F.S.; deleting a reference to the
2530 department from a provision requiring correspondence
2531 to include certain information; requiring a supervisor
2532 to publish a specified notice in a newspaper, on the
2533 county’s website, or on the supervisor’s website;
2534 requiring that signature updates used to verify
2535 signatures on ballot certificates or petitions be
2536 received by the supervisor before the voter’s ballot
2537 is received, his or her provisional ballot is cast, or
2538 the petition is submitted for signature verification;
2539 requiring the supervisor to use the signature on file
2540 at the time the vote-by-mail ballot is received, the
2541 provisional ballot is cast, or the petition is
2542 reviewed; providing an exception; amending s. 98.093,
2543 F.S.; requiring the Department of Health to weekly
2544 furnish a specified list to the Department of State;
2545 requiring clerks of the circuit court to weekly
2546 furnish specified information to the Department of
2547 State; requiring the clerks to provide certain
2548 information to the department for specified purposes;
2549 requiring the Department of Law Enforcement to
2550 identify and report specified persons to the
2551 Department of State at least weekly; requiring the
2552 Florida Commission on Offender Review to furnish data
2553 on clemency to the Department of State at least
2554 weekly; requiring the Department of Corrections to
2555 identify persons convicted of a felony and committed
2556 to its custody, and to provide such information to the
2557 Department of State, at least weekly; requiring the
2558 Department of Highway Safety and Motor Vehicles to
2559 weekly furnish specified information to the Department
2560 of State; revising construction; making technical
2561 changes; amending s. 98.0981, F.S.; requiring
2562 supervisors to submit specified reports to the
2563 department within a specified timeframe; requiring
2564 supervisors to prepare a reconciliation report and
2565 submit such report to the department; providing
2566 requirements for, and the required format of, the
2567 report; revising the requirement that supervisors
2568 transmit to the department, in a specified format, the
2569 completely updated voting history information for each
2570 qualified voter who voted; defining the term “unique
2571 precinct identifier”; requiring supervisors to submit
2572 a specified geographical information system map to the
2573 department; requiring the department to submit an
2574 election summary report containing certain information
2575 to the Legislature following the certification by the
2576 Elections Canvassing Commission of specified
2577 elections; deleting certain file specifications;
2578 revising the timeframe for a supervisor to collect and
2579 submit to the department precinct-level election
2580 results after certification by the commission of
2581 specified elections; revising the procedures for
2582 compiling such results; requiring the supervisor to
2583 research and address questions or issues identified by
2584 the department in such results; requiring the
2585 supervisor to provide amended precinct-level election
2586 results to the department within a specified
2587 timeframe, if certain conditions exist; requiring the
2588 department to publish such results online within a
2589 specified timeframe; specifying requirements for the
2590 website; requiring certain files to be created in
2591 accordance with, and providing requirements for, a
2592 certain rule; defining the term “unique precinct
2593 identifier”; providing the timeframe within which the
2594 department must compile and make available certain
2595 precinct-level statistical data; requiring the
2596 department to adopt specified rules; amending s.
2597 99.012, F.S.; defining the term “qualify” for purposes
2598 of restrictions on individuals qualifying for public
2599 office; revising applicability; providing
2600 construction; amending s. 99.021, F.S.; revising the
2601 form of the candidate oath to require that candidates
2602 acknowledge certain outstanding fines, fees, or
2603 penalties relating to ethics or campaign finance
2604 violations; creating s. 99.0215, F.S.; requiring a
2605 candidate to designate in the candidate’s oath the
2606 name he or she wishes to have printed on the ballot,
2607 subject to specified conditions; requiring a candidate
2608 to file a specified affidavit simultaneously with the
2609 oath if the candidate wishes to use a nickname, which
2610 is subject to certain conditions; defining the term
2611 “political slogan”; prohibiting the use of a
2612 professional title or degree except in specified
2613 circumstances; amending s. 99.097, F.S.; requiring the
2614 person or organization that submits signatures for a
2615 local or statewide issue to pay the supervisor in
2616 advance for checking the signatures; making technical
2617 changes; amending s. 100.021, F.S.; providing
2618 alternative methods for providing notice of a general
2619 election; amending s. 100.141, F.S.; revising the
2620 methods by which a supervisor may publish notice of a
2621 special election; amending s. 100.342, F.S.;
2622 specifying that the notice for a special election or
2623 referendum may be published on the county’s website,
2624 the municipality’s website, or the supervisor’s
2625 website, as applicable; amending s. 101.001, F.S.;
2626 revising requirements for specified maps maintained by
2627 supervisors of elections; authorizing supervisors of
2628 elections to coordinate with other governmental
2629 entities for a certain purpose; deleting a provision
2630 requiring supervisors to provide the department
2631 certain data on precincts in the county; deleting a
2632 provision requiring the department to maintain a
2633 certain database; requiring supervisors of elections
2634 to include changes in the name of a precinct in a
2635 certain document; amending s. 101.048, F.S.; providing
2636 that specified persons are entitled to vote a
2637 provisional ballot; amending s. 101.151, F.S.;
2638 requiring the word “incumbent” to appear next to a
2639 candidate’s name on an election ballot under specified
2640 conditions; amending s. 101.5612, F.S.; revising the
2641 methods by which certain notice may be provided;
2642 amending s. 101.6103, F.S.; conforming a cross
2643 reference; making technical changes; amending s.
2644 101.62, F.S.; specifying that a supervisor must accept
2645 requests for vote-by-mail ballots only from specified
2646 persons; providing that a request may be made through
2647 a supervisor’s website; requiring the department to
2648 adopt by rule a uniform statewide application for a
2649 written request for a vote-by-mail ballot by a
2650 specified date; requiring a supervisor to cancel a
2651 request for a vote-by-mail ballot if certain mail sent
2652 by the supervisor to the voter is returned to the
2653 supervisor as undeliverable; requiring a voter who
2654 subsequently requests a vote-by-mail ballot to provide
2655 or confirm his or her current residential address;
2656 requiring the supervisor to add certain information to
2657 the voter’s registration record if such information is
2658 provided in the vote-by-mail request; revising the
2659 definition of the term “immediate family”; deleting a
2660 provision requiring vote-by-mail ballot requests to be
2661 received by a specified time before the supervisor
2662 mails a vote-by-mail ballot; revising the day after
2663 which a supervisor may not mail a vote-by-mail ballot;
2664 providing the deadline for submitting a vote-by-mail
2665 ballot request; revising the means by which and the
2666 period during which a supervisor must provide a vote
2667 by-mail ballot to a voter; prohibiting a supervisor
2668 from personally delivering a vote-by-mail ballot to
2669 certain voters or delivering a vote-by-mail ballot to
2670 certain voters’ designees during a certain period
2671 unless certain conditions exist; making technical
2672 changes; amending s. 101.67, F.S.; requiring the
2673 supervisor to segregate and treat certain ballots as
2674 provisional; amending s. 101.68, F.S.; prohibiting
2675 vote-by-mail ballots from being counted if two or more
2676 ballots arrive in one mailing envelope; making
2677 technical changes; amending s. 101.6923, F.S.;
2678 requiring that a specified statement be included in a
2679 vote-by-mail ballot provided to certain voters; making
2680 technical changes; amending s. 101.6925, F.S.;
2681 revising the deadline for a voter to make specified
2682 information available to the supervisor before a vote
2683 by-mail ballot may be canvassed; amending s. 101.694,
2684 F.S.; conforming a cross-reference; amending s.
2685 101.71, F.S.; revising the methods by which certain
2686 notice may be provided; requiring certain public, tax
2687 supported buildings to be made available for use as
2688 early voting locations upon the request of the
2689 supervisor; amending s. 101.733, F.S.; revising the
2690 methods by which certain notice may be provided;
2691 amending s. 102.111, F.S.; revising the time at which
2692 the Elections Canvassing Commission shall meet to
2693 certify returns; amending s. 102.112, F.S.; revising
2694 the timeframe in which county returns must be filed
2695 with the department; amending s. 102.141, F.S.;
2696 requiring a certain number of alternate canvassing
2697 board members; revising the methods by which certain
2698 notice may be provided; requiring the supervisor to
2699 file a report with the Division of Elections within a
2700 specified timeframe; revising the requirements for the
2701 report; requiring the division to review the report
2702 and offer specified training to supervisors based on
2703 the report; requiring the department to submit an
2704 analysis of specified reports to the Governor and the
2705 Legislature by a specified date; amending s. 103.021,
2706 F.S.; revising the timeframe within which a political
2707 party executive committee must submit its presidential
2708 electors to the Governor for nomination; requiring the
2709 state executive committee of each party to submit
2710 specified information; requiring that electors be
2711 qualified registered voters and members of the
2712 political party for which they are named as electors;
2713 specifying that a required oath be made in writing;
2714 revising the timeframe within which the Governor must
2715 certify the electors to the department; revising the
2716 timeframe within which a minor political party must
2717 submit its list of presidential electors to the
2718 department; requiring presidential electors to file
2719 with the Governor a certain written oath; providing
2720 that certain acts constitute a resignation of the
2721 position of presidential elector; amending s. 103.022,
2722 F.S.; requiring certain write-in candidates to submit
2723 specified information; amending s. 103.091, F.S.;
2724 authorizing a qualifying office to accept and hold
2725 qualifying papers for candidates for political party
2726 offices within a specified timeframe before the
2727 qualifying period; amending s. 104.16, F.S.; providing
2728 applicability; amending s. 104.18, F.S.; providing
2729 that a prosecution for voting more than one ballot may
2730 proceed in any jurisdiction in which a ballot was
2731 willfully cast; providing that it is not necessary to
2732 prove which ballot was cast first; defining the term
2733 “votes more than one ballot at any election”; amending
2734 s. 104.42, F.S.; authorizing a supervisor to report
2735 certain findings to the Office of Election Crimes and
2736 Security rather than the Florida Elections Commission;
2737 amending s. 105.031, F.S.; revising the form of the
2738 candidate’s oath to require that candidates for
2739 judicial office acknowledge certain outstanding fines,
2740 fees, or penalties relating to ethics or campaign
2741 finance violations; amending s. 106.03, F.S.;
2742 requiring the division to adopt specified rules;
2743 amending s. 106.07, F.S.; revising reporting intervals
2744 for candidates and political committees from monthly
2745 to quarterly; preempting local governments from
2746 establishing reporting schedules that differ from
2747 certain requirements; conforming a cross-reference;
2748 amending s. 106.0702, F.S.; conforming a cross
2749 reference; amending s. 106.0703, F.S.; revising
2750 reporting intervals for electioneering communications
2751 organizations from monthly to quarterly; conforming a
2752 cross-reference; amending s. 106.08, F.S.; adding text
2753 messages to the items that do not constitute
2754 contributions to be counted toward certain
2755 contribution limits; creating s. 106.1436, F.S.;
2756 defining the term “voter guide”; prohibiting a person
2757 from representing that a voter guide is an official
2758 publication of a political party; providing an
2759 exception; providing disclosure requirements for such
2760 voter guides; providing criminal penalties and fines;
2761 amending s. 106.265, F.S.; increasing the maximum
2762 civil fines that may be imposed for specified
2763 violations; providing that fines assessed against a
2764 political committee also attach jointly and severally
2765 to the chair of the political committee under
2766 specified conditions; amending s. 322.142, F.S.;
2767 authorizing the Department of Highway Safety and Motor
2768 Vehicles to provide certain reproductions to a
2769 supervisor of elections; providing effective dates.