Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1334
Ì747052ÉÎ747052
LEGISLATIVE ACTION
Senate . House
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The Committee on Ethics and Elections (Grall) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (6), (43), and (47) of section
6 97.021, Florida Statutes, are amended to read:
7 97.021 Definitions.—For the purposes of this code, except
8 where the context clearly indicates otherwise, the term:
9 (6) “Ballot” or “official ballot” means a printed sheet of
10 paper containing contests, including offices and candidates,
11 constitutional amendments, and other public measures, upon which
12 a voter’s selections will be marked by using a pen compatible
13 with or recommended for use with the voting system, for
14 tabulation by automatic tabulating equipment or data processing
15 equipment that is part of the voting system. The term includes a
16 voter-verifiable paper output upon which a voter’s selections
17 are marked by a voter interface device that meets voter
18 accessibility requirements for individuals with disabilities
19 under s. 301 of the federal Help America Vote Act of 2002 and s.
20 101.56062 when used in reference to:
21 (a) “Electronic or electromechanical devices” means a
22 ballot that is voted by the process of electronically
23 designating, including by touchscreen, or marking with a marking
24 device for tabulation by automatic tabulating equipment or data
25 processing equipment.
26 (b) “Marksense ballots” means that printed sheet of paper,
27 used in conjunction with an electronic or electromechanical vote
28 tabulation voting system, containing the names of candidates, or
29 a statement of proposed constitutional amendments or other
30 questions or propositions submitted to the electorate at any
31 election, on which sheet of paper an elector casts his or her
32 vote.
33 (43) “Voter interface device” means any device that
34 communicates voting instructions and ballot information to a
35 voter and allows the voter to select and vote for candidates and
36 issues. A voter interface device may not be used to tabulate
37 votes. Any vote tabulation must be based upon a subsequent scan
38 of the marked marksense ballot or the voter-verifiable paper
39 output after the voter interface device process has been
40 completed.
41 (47) “Voting system” means a method of casting and
42 processing votes which that functions wholly or partly by use of
43 electromechanical or electronic apparatus or by use of marksense
44 ballots and includes, but is not limited to, the equipment,
45 hardware, firmware, and software; the ballots; the procedures
46 for casting and processing votes; and the programs, operating
47 manuals, and supplies; and the reports, printouts, and other
48 documentation software necessary for the system’s operation.
49 Section 2. Present paragraphs (q) through (u) of subsection
50 (2) of section 97.052, Florida Statutes, are redesignated as
51 paragraphs (r) through (v), respectively, and a new paragraph
52 (q) is added to that subsection, to read:
53 97.052 Uniform statewide voter registration application.—
54 (2) The uniform statewide voter registration application
55 must be designed to elicit the following information from the
56 applicant:
57 (q) Acknowledgment, by providing a box for the applicant to
58 check, that it is a third degree felony under state and federal
59 law to falsely swear or affirm or otherwise submit false
60 information on a voter registration application.
61 Section 3. Subsection (4) of section 97.0525, Florida
62 Statutes, is amended to read:
63 97.0525 Online voter registration.—
64 (4)(a) The online voter registration system must shall
65 compare the Florida driver license number or Florida
66 identification number submitted pursuant to s. 97.052(2)(n) with
67 information maintained by the Department of Highway Safety and
68 Motor Vehicles to confirm that the name and date of birth on the
69 application are consistent with the records of the Department of
70 Highway Safety and Motor Vehicles.
71 (b) If the applicant’s name and date of birth are
72 consistent with the records of the Department of Highway Safety
73 and Motor Vehicles and the records of the Department of Highway
74 Safety and Motor Vehicles indicate that the applicant has
75 provided documents acceptable as evidence of United States
76 citizenship, the online voter registration system must shall
77 transmit, using the statewide voter registration system
78 maintained pursuant to s. 98.035, the applicant’s registration
79 application, along with the digital signature of the applicant
80 on file with the Department of Highway Safety and Motor
81 Vehicles, to the supervisor of elections. The applicant’s
82 digital signature satisfies the signature requirement of s.
83 97.052(2)(r) s. 97.052(2)(q). The applicant’s legal status as a
84 United States citizen must be recorded in the statewide voter
85 registration system.
86 (c) If the applicant’s name and date of birth match the
87 records of the Department of Highway Safety and Motor Vehicles,
88 but the records of the Department of Highway Safety and Motor
89 Vehicles indicate the applicant is not a United States citizen
90 or has not provided documents acceptable as evidence of United
91 States citizenship, the online voter registration system must
92 notify the supervisor of elections that the applicant’s legal
93 status as a United States citizen could not be verified and
94 transmit, using the statewide voter registration system
95 maintained pursuant to s. 98.035, the applicant’s registration
96 application, along with the digital signature of the applicant
97 on file with the Department of Highway Safety and Motor
98 Vehicles, to the supervisor of elections. The applicant’s
99 digital signature satisfies the signature requirement of s.
100 97.052(2)(r).
101 (d) If the applicant’s name and date of birth cannot be
102 verified by the records of the Department of Highway Safety and
103 Motor Vehicles, or if the applicant indicated that he or she has
104 not been issued a Florida driver license or Florida
105 identification card, the online voter registration system must
106 shall populate the applicant’s information, except for the
107 applicant’s Florida driver license number, Florida
108 identification card number, or social security number, into a
109 printable voter registration application pursuant to s.
110 97.052(2) which and direct the applicant may to print, complete,
111 sign, and date, the application and deliver the application to
112 the supervisor of elections for disposition pursuant to s.
113 97.073.
114 (e) If the applicant indicates that he or she has not been
115 issued a Florida driver license or identification card, or
116 chooses to use the system to prepopulate an application to
117 print, sign, date, and deliver to the supervisor, the online
118 voter registration system must populate the applicant’s
119 information into a printable voter registration application
120 pursuant to s. 97.052(2) and direct the applicant to print,
121 sign, and date the application and deliver the application to
122 the supervisor for disposition under s. 97.073.
123 Section 4. Subsections (2), (4), and (6) of section 97.053,
124 Florida Statutes, are amended to read:
125 97.053 Acceptance of voter registration applications.—
126 (2) A voter registration application is complete and
127 becomes the official voter registration record of that applicant
128 when all information necessary to establish the applicant’s
129 eligibility pursuant to s. 97.041 is received by a voter
130 registration official and verified pursuant to subsection (6).
131 Except as provided in subsection (6), if the applicant fails to
132 complete his or her voter registration application on or before
133 prior to the date of book closing for an election, then such
134 applicant is shall not be eligible to vote in that election.
135 (4)(a) The registration date for a valid initial voter
136 registration application that has been mailed to a driver
137 license office, a voter registration agency, an armed forces
138 recruitment office, the division, or the office of any
139 supervisor in the state and bears a clear postmark is the date
140 of that postmark. If an initial voter registration application
141 that has been mailed does not bear a postmark or if the postmark
142 is unclear, the registration date is the date the application is
143 received by any supervisor or the division, unless it is
144 received within 5 days after the closing of the books for an
145 election, excluding Saturdays, Sundays, and legal holidays, in
146 which case the registration date is the book-closing date.
147 (b) The registration date for a valid application to update
148 the voter’s record with a change of address, name, or party
149 affiliation is retroactive to the date the application was
150 initially received once the required sufficient evidence is
151 verified.
152 (6)(a) A voter registration application, including an
153 application with a change in name, address, or party
154 affiliation, may be accepted as valid only after the department
155 has verified the authenticity or nonexistence of the Florida
156 driver license number, the Florida identification card number,
157 or the last four digits of the social security number provided
158 by the applicant. If a completed voter registration application
159 has been received by the book-closing deadline but the Florida
160 driver license number, the Florida identification card number,
161 or the last four digits of the social security number provided
162 by the applicant cannot be verified, or if the records of the
163 Department of Highway Safety and Motor Vehicles indicate that
164 the applicant is not a United States citizen or has not provided
165 documents acceptable as evidence of United States citizenship,
166 the applicant must shall be notified and that the number cannot
167 be verified and that the applicant must provide evidence to the
168 supervisor sufficient to verify the authenticity of the
169 applicant’s Florida driver license number, Florida
170 identification card number, or last four digits of the social
171 security number or, if applicable, must provide documents
172 acceptable as evidence of United States citizenship. If the
173 applicant provides the necessary evidence, the supervisor must
174 shall place the applicant’s name on the registration rolls as an
175 active voter. If the applicant has not provided the necessary
176 evidence or the number has not otherwise been verified prior to
177 the applicant presenting himself or herself to vote, the
178 applicant must shall be provided a provisional ballot. The
179 provisional ballot must shall be counted only if the number is
180 verified by the end of the canvassing period or if the applicant
181 presents evidence to the supervisor of elections sufficient to
182 verify the authenticity of the applicant’s Florida driver
183 license number, Florida identification card number, or last four
184 digits of the social security number or, if applicable, presents
185 documents acceptable as evidence of United States citizenship no
186 later than 5 p.m. of the second day following the election.
187 (b) Upon receipt of a voter registration application,
188 including an application with a change in name, address, or
189 party affiliation, which indicates that the applicant has not
190 been issued a current and valid Florida driver license, Florida
191 identification card, or social security number, or if the
192 records of the Department of Highway Safety and Motor Vehicles
193 indicate that the applicant is not a United States citizen or
194 has not provided documents acceptable as evidence of United
195 States citizenship, the supervisor of elections shall verify the
196 voter’s legal status as a United States citizen using available
197 state and federal governmental sources and, if applicable,
198 initiate notice pursuant to s. 98.075(7).
199 Section 5. Subsections (11) and (13) of section 97.057,
200 Florida Statutes, are amended to read:
201 97.057 Voter registration by the Department of Highway
202 Safety and Motor Vehicles.—
203 (11) The Department of Highway Safety and Motor Vehicles
204 shall enter into an agreement with the department to match
205 information in the statewide voter registration system with
206 information in the database of the Department of Highway Safety
207 and Motor Vehicles to the extent required to verify the accuracy
208 of the Florida driver license number, Florida identification
209 number, or last four digits of the social security number and
210 the legal status as a United States citizen, provided on
211 applications for voter registration as required in s. 97.053.
212 The department shall also include in the statewide voter
213 registration system the type of documentary proof that the
214 licensee or cardholder provided as evidence of United States
215 citizenship.
216 (13) Notwithstanding declinations to register or to update
217 a voter registration pursuant to paragraph (2)(b), the
218 Department of Highway Safety and Motor Vehicles, in accordance
219 with s. 98.093(8), shall must assist the Department of State in
220 regularly identifying changes in residence address on the
221 Florida driver license or Florida identification card or changes
222 in the Florida driver license or Florida identification card
223 number of such persons who may be voters of a voter. The
224 Department of State must report each such change to the
225 appropriate supervisor of elections who must change the voter’s
226 registration records in accordance with s. 98.065(4).
227 Section 6. Subsection (1) of section 98.045, Florida
228 Statutes, is amended to read:
229 98.045 Administration of voter registration.—
230 (1) ELIGIBILITY OF APPLICANT.—
231 (a) The supervisor shall must ensure that any eligible
232 applicant for voter registration is registered to vote and that
233 each application for voter registration is processed in
234 accordance with law. The supervisor shall determine whether a
235 voter registration applicant is ineligible based on any of the
236 following:
237 1.(a) The failure to complete a voter registration
238 application as specified in s. 97.053.
239 2.(b) The applicant is deceased.
240 3.(c) The applicant has been convicted of a felony for
241 which his or her voting rights have not been restored.
242 4.(d) The applicant has been adjudicated mentally
243 incapacitated with respect to the right to vote and such right
244 has not been restored.
245 5.(e) The applicant does not meet the age requirement
246 pursuant to s. 97.041.
247 6.(f) The applicant is not a United States citizen.
248 7.(g) The applicant is a fictitious person.
249 8.(h) The applicant has provided an address of legal
250 residence that is not his or her legal residence.
251 9.(i) The applicant has provided a Florida driver license
252 number, Florida identification card number, or the last four
253 digits of a social security number that is not verifiable by the
254 department.
255 (b) If the latest voter registration records show that a
256 new applicant was previously registered but subsequently removed
257 for ineligibility pursuant to s. 98.075(7), the supervisor must
258 verify the current eligibility of the applicant to register
259 within 13 days after receipt of such records by reviewing the
260 information provided by a governmental entity listed in s.
261 98.075 or s. 98.093 to determine whether the applicant remains
262 ineligible. If the supervisor determines that the applicant is
263 ineligible, the supervisor must deny the application and notify
264 the applicant pursuant to s. 97.073.
265 Section 7. Subsection (6) and paragraph (a) of subsection
266 (7) of section 98.075, Florida Statutes, are amended to read:
267 98.075 Registration records maintenance activities;
268 ineligibility determinations.—
269 (6) ELIGIBILITY.—
270 (a) Citizenship.—The department shall identify those
271 registered voters who are potentially ineligible based on their
272 legal status regarding United States citizenship by comparing or
273 receiving information from the Department of Highway Safety and
274 Motor Vehicles, clerks of state and federal courts, and the
275 United States Department of Homeland Security, as provided in s.
276 98.093. The department shall review such information and make an
277 initial determination as to whether the information is credible
278 and reliable. If the department determines that the information
279 is credible and reliable, the department must notify the
280 supervisor and provide a copy of the supporting documentation
281 indicating potential ineligibility of the voter to be
282 registered. Upon receipt of the notice that the department has
283 made a determination of initial credibility and reliability, the
284 supervisor must adhere to the procedures set forth in subsection
285 (7) before the removal of a registered voter’s name from the
286 statewide voter registration system.
287 (b) Other bases for ineligibility OTHER BASES FOR
288 INELIGIBILITY.—Subsections (2)-(6) (2)-(5) do not limit or
289 restrict the department or the supervisor in his or her duty to
290 act upon direct receipt of, access to, or knowledge of
291 information from any governmental entity that identifies a
292 registered voter as potentially ineligible. If the department or
293 supervisor receives information from any governmental entity
294 other than those identified in subsections (2)-(6) (2)-(5) that
295 a registered voter is ineligible because the voter is deceased,
296 adjudicated a convicted felon without having had his or her
297 voting rights restored, adjudicated mentally incapacitated
298 without having had his or her voting rights restored, does not
299 meet the age requirement pursuant to s. 97.041, is not a United
300 States citizen, is a fictitious person, or has listed an address
301 that is not his or her address of legal residence, the
302 supervisor must adhere to the procedures set forth in subsection
303 (7) before the removal of the name of a registered voter who is
304 determined to be ineligible from the statewide voter
305 registration system.
306 (7) PROCEDURES FOR REMOVAL.—
307 (a) If the supervisor receives notice or information
308 pursuant to subsections (4)-(6), the supervisor of the county in
309 which the voter is registered must:
310 1. Notify the registered voter of his or her potential
311 ineligibility by mail within 7 days after receipt of notice or
312 information. The notice must include:
313 a. A statement of the basis for the registered voter’s
314 potential ineligibility and a copy of any documentation upon
315 which the potential ineligibility is based. Such documentation
316 must include any conviction from another jurisdiction determined
317 to be a similar offense to murder or a felony sexual offense, as
318 those terms are defined in s. 98.0751.
319 b. A statement that failure to respond within 30 days after
320 receipt of the notice may result in a determination of
321 ineligibility and in removal of the registered voter’s name from
322 the statewide voter registration system.
323 c. A return form that requires the registered voter to
324 admit or deny the accuracy of the information underlying the
325 potential ineligibility for purposes of a final determination by
326 the supervisor.
327 d. A statement that, if the voter is denying the accuracy
328 of the information underlying the potential ineligibility, the
329 voter has a right to request a hearing for the purpose of
330 determining eligibility.
331 e. Instructions for the registered voter to contact the
332 supervisor of elections of the county in which the voter is
333 registered if assistance is needed in resolving the matter.
334 f. Instructions for seeking restoration of civil rights
335 pursuant to s. 8, Art. IV of the State Constitution and
336 information explaining voting rights restoration pursuant to s.
337 4, Art. VI of the State Constitution following a felony
338 conviction, if applicable.
339 g. A list of the following acceptable documents or evidence
340 of United States citizenship which, if provided or used to
341 verify the voter as a United States citizen, must be recorded in
342 the statewide voter registration system:
343 (I) An original or certified copy of a United States birth
344 certificate.
345 (II) A valid, unexpired United States passport.
346 (III) A naturalization certificate issued by the United
347 States Department of Homeland Security.
348 (IV) A Consular Report of Birth Abroad provided by the
349 United States Department of State.
350 (V) A current and valid Florida driver license or Florida
351 identification card issued by the Department of Highway Safety
352 and Motor Vehicles, if such driver license or identification
353 card indicates United States citizenship.
354 (VI) A current and valid photo identification issued by the
355 Federal Government or the state which indicates United States
356 citizenship.
357 (VII) An order from a federal court granting United States
358 citizenship.
359 (VIII) If the applicant’s legal name is different from the
360 name that appears on one of the documents specified in this sub
361 subparagraph, official legal documentation providing proof of
362 legal name change.
363 h. The following statement: “If you attempt to vote at an
364 early voting site or your normal election day polling place, you
365 will be required to vote a provisional ballot. If you vote by
366 mail, your ballot will be treated as a provisional ballot. In
367 either case, your ballot may not be counted until a final
368 determination of eligibility is made. If you wish for your
369 ballot to be counted, you must contact the supervisor of
370 elections office within 2 days after the election and present
371 evidence that you are eligible to vote.”
372 2. If the mailed notice is returned as undeliverable, the
373 supervisor must, within 14 days after receiving the returned
374 notice, either publish notice once in a newspaper of general
375 circulation in the county in which the voter was last registered
376 or publish notice on the county’s website as provided in s.
377 50.0311 or on the supervisor’s website, as deemed appropriate by
378 the supervisor. The notice must contain the following:
379 a. The voter’s name and address.
380 b. A statement that the voter is potentially ineligible to
381 be registered to vote.
382 c. A statement that failure to respond within 30 days after
383 the notice is published may result in a determination of
384 ineligibility by the supervisor and removal of the registered
385 voter’s name from the statewide voter registration system.
386 d. An instruction for the voter to contact the supervisor
387 no later than 30 days after the date of the published notice to
388 receive information regarding the basis for the potential
389 ineligibility and the procedure to resolve the matter.
390 e. An instruction to the voter that, if further assistance
391 is needed, the voter should contact the supervisor of elections
392 of the county in which the voter is registered.
393 f. A statement that, if the voter denies the accuracy of
394 the information underlying the potential ineligibility, the
395 voter has a right to request a hearing for the purpose of
396 determining eligibility.
397 g. The following statement: “If you attempt to vote at an
398 early voting site or your normal election day polling place, you
399 will be required to vote a provisional ballot. If you vote by
400 mail, your ballot will be treated as a provisional ballot. In
401 either case, your ballot may not be counted until a final
402 determination of eligibility is made. If you wish for your
403 ballot to be counted, you must contact the supervisor of
404 elections office within 2 days after the election and present
405 evidence that you are eligible to vote.”
406 3. If a registered voter fails to respond to a notice
407 pursuant to subparagraph 1. or subparagraph 2., the supervisor
408 must make a final determination of the voter’s eligibility
409 within 7 days after expiration of the voter’s timeframe to
410 respond. If the supervisor determines that the voter is
411 ineligible, the supervisor must remove the name of the
412 registered voter from the statewide voter registration system
413 within 7 days. The supervisor shall notify the registered voter
414 of the supervisor’s determination and action.
415 4. If a registered voter responds to the notice pursuant to
416 subparagraph 1. or subparagraph 2. and admits the accuracy of
417 the information underlying the potential ineligibility, the
418 supervisor must, as soon as practicable, make a final
419 determination of ineligibility and remove the voter’s name from
420 the statewide voter registration system. The supervisor shall
421 notify the registered voter of the supervisor’s determination
422 and action.
423 5. If a registered voter responds to the notice issued
424 pursuant to subparagraph 1. or subparagraph 2. and denies the
425 accuracy of the information underlying the potential
426 ineligibility but does not request a hearing, the supervisor
427 must review the evidence and make a determination of eligibility
428 no later than 30 days after receiving the response from the
429 voter. If the supervisor determines that the registered voter is
430 ineligible, the supervisor must remove the voter’s name from the
431 statewide voter registration system upon such determination and
432 notify the registered voter of the supervisor’s determination
433 and action and that the removed voter has a right to appeal a
434 determination of ineligibility pursuant to s. 98.0755. If such
435 registered voter requests a hearing, the supervisor must send
436 notice to the registered voter to attend a hearing at a time and
437 place specified in the notice. The supervisor shall schedule and
438 issue notice for the hearing within 7 days after receiving the
439 voter’s request for a hearing and shall hold the hearing no
440 later than 30 days after issuing the notice of the hearing. A
441 voter may request an extension upon showing good cause by
442 submitting an affidavit to the supervisor as to why he or she is
443 unable to attend the scheduled hearing. Upon hearing all
444 evidence presented at the hearing, the supervisor shall make a
445 determination of eligibility within 7 days. If the supervisor
446 determines that the registered voter is ineligible, the
447 supervisor must remove the voter’s name from the statewide voter
448 registration system and notify the registered voter of the
449 supervisor’s determination and action and that the removed voter
450 has a right to appeal a determination of ineligibility pursuant
451 to s. 98.0755.
452 Section 8. Present subsection (9) of section 98.093,
453 Florida Statutes, is redesignated as subsection (10), a new
454 subsection (9) is added to that section, and subsection (8) of
455 that section is amended, to read:
456 98.093 Duty of officials to furnish information relating to
457 deceased persons, persons adjudicated mentally incapacitated,
458 persons convicted of a felony, and persons who are not United
459 States citizens.—
460 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—The
461 Department of Highway Safety and Motor Vehicles shall furnish
462 weekly to the department the following information:
463 (a) Information identifying those persons whose names have
464 been removed from the Florida driver license or Florida
465 identification card database during the preceding week because
466 they have been licensed or been issued an identification card in
467 another state. The information must contain the person’s name,
468 last known Florida address, date of birth, sex, last four digits
469 of his or her social security number, and Florida driver license
470 number or Florida identification card number and, if available,
471 the address and the state in which the person is now licensed.
472 (b) Information identifying those persons who during the
473 preceding week presented evidence of non-United States
474 citizenship upon being issued a new or renewed Florida driver
475 license or Florida identification card. The information must
476 contain the person’s name; address; date of birth; last four
477 digits of the social security number, if applicable; Florida
478 driver license number or Florida identification card number, as
479 available; and alien registration number or other legal status
480 identifier.
481 (c) Information identifying those persons who during the
482 preceding week presented documents acceptable as evidence of
483 United States citizenship upon being issued a new, renewed, or
484 replacement Florida driver license or Florida identification
485 card. The information must contain the person’s name; address;
486 date of birth; last four digits of the social security number,
487 if applicable; Florida driver license number or Florida
488 identification card number, as available; the type of
489 documentary proof provided in support of citizenship; and, if
490 applicable, the alien registration number or other legal status
491 identifier. Any of the following documents are acceptable as
492 evidence of United States citizenship:
493 1. An original or certified copy of a United States birth
494 certificate.
495 2. A valid, unexpired United States passport.
496 3. A naturalization certificate issued by the United States
497 Department of Homeland Security.
498 4. A Consular Report of Birth Abroad provided by the United
499 States Department of State.
500 5. A current and valid Florida driver license or Florida
501 identification card issued by the Department of Highway Safety
502 and Motor Vehicles, if such driver license or identification
503 card indicates United States citizenship.
504 6. A current and valid photo identification issued by the
505 Federal Government or the state which indicates United States
506 citizenship.
507 7. An order from a federal court granting United States
508 citizenship.
509 8. If the applicant’s legal name is different from the name
510 that appears on one of the documents specified in this
511 paragraph, official legal documentation providing for proof of
512 legal name change.
513 (d) Information identifying a change in residence address
514 on the Florida driver license or Florida identification card of
515 any person who declined pursuant to s. 97.057(2) to register or
516 update his or her voter record. The information must contain the
517 person’s name; date of birth; sex; last four digits of the
518 social security number, if available; and Florida driver license
519 or Florida identification card number, as available, in order to
520 identify a voter’s registration record. The Department of State
521 must report each such change in residence address to the
522 appropriate supervisor, who must change the voter’s registration
523 records in accordance with s. 98.065(4).
524 (e) Information identifying new, renewed, or replacement
525 Florida driver license or Florida identification card numbers
526 issued to persons who declined pursuant to s. 97.057(2) to
527 register or update their voter record. The information must
528 contain the person’s name; date of birth; last four digits of
529 the social security number, if available; and the prior, if
530 applicable, and current Florida driver license or Florida
531 identification card number in order to identify a voter’s
532 registration record. Within 7 days, the Department of State
533 shall report such information to the appropriate supervisor, who
534 must update the voter registration records.
535 (f) Information identifying those persons for which it has
536 received official information during the preceding week that the
537 person is deceased. The information must contain the name,
538 address, date of birth, last four digits of the social security
539 number, Florida driver license number or Florida identification
540 card number, and date of death of each such person.
541 (9) FEDERAL COURTS.—Upon receipt of information from a jury
542 coordinator that a person was disqualified or potentially
543 disqualified as a prospective juror from jury service due to not
544 having United States citizenship, being convicted of a felony,
545 being deceased, being a nonresident of this state, or being a
546 nonresident of the county, the department shall use such
547 information to identify registered voters or applicants for
548 voter registration who may be potentially ineligible based on
549 information provided in accordance with s. 98.075.
550 Section 9. Present subsections (5) through (8) of section
551 99.012, Florida Statutes, are redesignated as subsections (7)
552 through (10), respectively, and new subsections (5) and (6) are
553 added to that section, to read:
554 99.012 Restrictions on individuals qualifying for public
555 office.—
556 (5) A person may not qualify for nomination as a candidate
557 of a political party if he or she has not been a registered
558 member of that party for the 365-day period preceding the
559 beginning of qualifying; or as a candidate with no party
560 affiliation if he or she has not been registered without party
561 affiliation, or has been a registered member of any political
562 party, for the 365-day period preceding the beginning of
563 qualifying.
564 (6) A person may not qualify as a candidate for public
565 office, whether federal, state, district, county, or municipal,
566 if he or she has legally changed his or her name through a
567 petition pursuant to s. 68.07 during the 365-day period
568 preceding the beginning of qualifying. This subsection does not
569 apply to any change of name in proceedings for dissolution of
570 marriage or adoption of children or based on a change of name
571 conducted with a marriage certificate.
572 Section 10. Paragraphs (b) and (c) of subsection (1) of
573 section 99.021, Florida Statutes, are amended to read:
574 99.021 Form of candidate oath.—
575 (1)
576 (b) In addition, any person seeking to qualify for
577 nomination as a candidate of any political party shall, at the
578 time of subscribing to the oath or affirmation, state in
579 writing:
580 1. The party of which the person is a member.
581 2. That the person has been a registered member of the
582 political party for which he or she is seeking nomination as a
583 candidate for at least 365 consecutive days preceding before the
584 beginning of qualifying before preceding the general election
585 for which the person seeks to qualify.
586 3. That the person has paid the assessment levied against
587 him or her, if any, as a candidate for said office by the
588 executive committee of the party of which he or she is a member.
589 (c) In addition, any person seeking to qualify for office
590 as a candidate with no party affiliation shall, at the time of
591 subscribing to the oath or affirmation, state in writing that he
592 or she is registered without any party affiliation and that he
593 or she has not been a registered member of any political party
594 for at least 365 consecutive days preceding before the beginning
595 of qualifying before preceding the general election for which
596 the person seeks to qualify.
597 Section 11. Subsection (1) of section 101.151, Florida
598 Statutes, is amended to read:
599 101.151 Specifications for ballots.—
600 (1)(a) Marksense Ballots must shall be printed on paper of
601 such thickness that the printing cannot be distinguished from
602 the back and must shall meet the specifications of the voting
603 system that will be used to tabulate the ballots.
604 (b) Polling places and early voting sites may employ a
605 ballot-on-demand production system to print individual marksense
606 ballots, including provisional ballots, for eligible electors.
607 Ballot-on-demand technology may be used to produce marksense
608 vote-by-mail, early voting, and election-day ballots.
609 Section 12. Subsection (4) of section 101.5606, Florida
610 Statutes, is amended to read:
611 101.5606 Requirements for approval of systems.—No
612 electronic or electromechanical voting system shall be approved
613 by the Department of State unless it is so constructed that:
614 (4) For systems using marksense ballots, It accepts a
615 rejected ballot pursuant to subsection (3) if a voter chooses to
616 cast the ballot, but records no vote for any office that has
617 been overvoted or undervoted.
618 Section 13. Section 101.56075, Florida Statutes, is amended
619 to read:
620 101.56075 Voting methods.—For the purpose of designating
621 ballot selections, all voting must be by official marksense
622 ballot, using a pen compatible with or recommended for use with
623 the voting system, unless a voter requests to vote using marking
624 device or a voter interface device that produces a voter
625 verifiable paper output and meets the voter accessibility
626 requirements for individuals with disabilities under s. 301 of
627 the federal Help America Vote Act of 2002 and s. 101.56062.
628 Section 14. Section 101.5608, Florida Statutes, is amended
629 to read:
630 101.5608 Voting at the polls by electronic or
631 electromechanical method; procedures.—
632 (1) Each voter elector desiring to vote must shall be
633 identified to the clerk or inspector of the election as a duly
634 qualified voter elector of such election and must shall sign his
635 or her name on the precinct register or other form or device
636 provided by the supervisor. The inspector shall compare the
637 signature with the signature on the identification provided by
638 the voter elector. If the inspector is reasonably sure that the
639 person is entitled to vote, the inspector must shall provide the
640 person with a ballot.
641 (2) When an electronic or electromechanical voting system
642 uses utilizes a ballot card or marksense ballot, the following
643 procedures must shall be followed:
644 (a) After receiving a ballot from an inspector, the voter
645 elector shall, without leaving the polling place, retire to a
646 booth or compartment and mark the ballot. After marking his or
647 her ballot, the voter must elector shall place the ballot in a
648 secrecy envelope so that the ballot will be deposited in the
649 tabulator without exposing the voter’s choices.
650 (b) Any voter who spoils his or her ballot or makes an
651 error may return the ballot to the election official and secure
652 another ballot, except that in no case shall a voter be
653 furnished more than three ballots. If the vote tabulation device
654 has rejected a ballot, the ballot must shall be considered
655 spoiled and a new ballot must shall be provided to the voter
656 unless the voter chooses to cast the rejected ballot. The
657 election official, without examining the original ballot, shall
658 state the possible reasons for the rejection and shall provide
659 instruction to the voter pursuant to s. 101.5611. A spoiled
660 ballot must shall be preserved, without examination, in an
661 envelope provided for that purpose. The stub shall be removed
662 from the ballot and placed in an envelope.
663 (c) The supervisor of elections shall prepare for each
664 polling place at least one ballot box to contain the ballots of
665 a particular precinct, and each ballot box must shall be plainly
666 marked with the name of the precinct for which it is intended.
667 (3) The Department of State shall promulgate rules
668 regarding voting procedures to be used when an electronic or
669 electromechanical voting system is of a type which does not use
670 utilize a ballot card or marksense ballot.
671 (4) In any election in which a write-in candidate has
672 qualified for office, the supervisor of elections shall provide
673 for write-in voting pursuant to rules adopted by the Division of
674 Elections.
675 Section 15. Subsection (5) of section 101.5612, Florida
676 Statutes, is amended to read:
677 101.5612 Testing of tabulating equipment.—
678 (5) Any tests involving marksense ballots pursuant to this
679 section must shall employ test ballots created by the supervisor
680 of elections using actual ballots that have been printed for the
681 election. If ballot-on-demand ballots will be used in the
682 election, the supervisor must shall also create test ballots
683 using the ballot-on-demand technology that will be used to
684 produce ballots in the election, using the same paper stock as
685 will be used for ballots in the election.
686 Section 16. Subsection (2) of section 102.111, Florida
687 Statutes, is amended to read:
688 102.111 Elections Canvassing Commission.—
689 (2) The Elections Canvassing Commission shall meet at 8
690 a.m. on the 9th day after a primary election and at 8 a.m. on
691 the 14th day after a general election to certify the returns of
692 the election for each federal, state, and multicounty office and
693 for each constitutional amendment. The meeting must be at 9
694 a.m., except for days the Legislature convenes for organization
695 session pursuant to s. 3(a), Art. III of the State Constitution,
696 on which days the meeting must be at 8 a.m. If a member of a
697 county canvassing board that was constituted pursuant to s.
698 102.141 determines, within 5 days after the certification by the
699 Elections Canvassing Commission, that a typographical error
700 occurred in the official returns of the county, the correction
701 of which could result in a change in the outcome of an election,
702 the county canvassing board must certify corrected returns to
703 the Department of State within 24 hours, and the Elections
704 Canvassing Commission must correct and recertify the election
705 returns as soon as practicable.
706 Section 17. Subsections (3) through (7) of section 102.141,
707 Florida Statutes, are amended to read:
708 102.141 County canvassing board; duties.—
709 (3) The canvass, except the canvass of absent voters’
710 electors’ returns and the canvass of provisional ballots, must
711 shall be made from the returns and certificates of the
712 inspectors as signed and filed by them with the supervisor, and
713 the county canvassing board may shall not change the number of
714 votes cast for a candidate, nominee, constitutional amendment,
715 or other measure submitted to the electorate of the county,
716 respectively, in any polling place, as shown by the returns. All
717 returns must shall be made to the board on or before 2 a.m. of
718 the day following any primary, general, or other election. If
719 the returns from any precinct are missing, if there are any
720 omissions on the returns from any precinct, or if there is an
721 obvious error on any such returns, the canvassing board must
722 shall order a retabulation of the returns from such precinct.
723 Before canvassing such returns, the canvassing board shall
724 examine the tabulation of the ballots cast in such precinct and
725 determine whether the returns correctly reflect the votes cast.
726 If there is a discrepancy between the returns and the tabulation
727 of the ballots cast, the tabulation of the ballots cast must
728 shall be presumed correct and such votes must shall be canvassed
729 accordingly.
730 (4)(a) The supervisor of elections shall upload into the
731 county’s election management system by 7 p.m. local time on the
732 day before the election the results of all early voting and
733 vote-by-mail ballots that have been canvassed and tabulated by
734 the end of the early voting period. Pursuant to ss. 101.5614(8),
735 101.657, and 101.68(2), the tabulation of votes cast or the
736 results of such uploads may not be made public before the close
737 of the polls on election day.
738 (b) The supervisor, on behalf of the canvassing board,
739 shall report all early voting and all tabulated vote-by-mail
740 results to the Department of State within 30 minutes after the
741 polls close. Thereafter, the canvassing board shall report, with
742 the exception of provisional ballot results, updated precinct
743 election results by uploading such results to the department at
744 least every 45 minutes until all results are completely
745 reported. The supervisor of elections shall notify the
746 department immediately of any circumstances that do not permit
747 periodic updates as required. Results must shall be submitted in
748 a format prescribed by the department.
749 (5) The canvassing board shall submit on forms or in
750 formats provided by the division unofficial returns to the
751 Department of State for each federal, statewide, state, or
752 multicounty office or ballot measure no later than noon on the
753 third day after any primary election and no later than noon on
754 the fourth day after any general or other election. Such returns
755 must shall include the canvass of all ballots, including write
756 in votes, as required by subsection (2).
757 (6) If the county canvassing board determines that the
758 unofficial returns may contain a counting error in which the
759 vote tabulation system failed to count votes that were properly
760 marked in accordance with the instructions on the ballot, the
761 county canvassing board must shall:
762 (a) Correct the error and retabulate the affected ballots
763 with the vote tabulation system; or
764 (b) Request that the Department of State verify the
765 tabulation software. When the Department of State verifies such
766 software, the department shall compare the software used to
767 tabulate the votes with the software filed with the department
768 pursuant to s. 101.5607 and check the election parameters.
769 (7) If the unofficial returns reflect that a candidate for
770 any office was defeated or eliminated by one-half of a percent
771 or less of the votes cast for such office, that a candidate for
772 retention to a judicial office was retained or not retained by
773 one-half of a percent or less of the votes cast on the question
774 of retention, or that a measure appearing on the ballot was
775 approved or rejected by one-half of a percent or less of the
776 votes cast on such measure, a recount shall be ordered of the
777 votes cast with respect to such office or measure. The Secretary
778 of State is responsible for ordering recounts in races that are
779 federal or, state races that are, and multicounty and any other
780 multicounty races. The county canvassing board or the local
781 board responsible for certifying the election is responsible for
782 ordering recounts in all other races. A recount need not be
783 ordered with respect to the returns for any office, however, if
784 the candidate or candidates defeated or eliminated from
785 contention for such office by one-half of a percent or less of
786 the votes cast for such office request in writing that a recount
787 not be made.
788 (a) Each canvassing board responsible for conducting a
789 recount shall put each marksense ballot through automatic
790 tabulating equipment and determine whether the returns correctly
791 reflect the votes cast. If any marksense ballot is physically
792 damaged so that it cannot be properly counted by the automatic
793 tabulating equipment during the recount, a true duplicate shall
794 be made of the damaged ballot pursuant to the procedures in s.
795 101.5614(4). Immediately before the start of the recount, a test
796 of the tabulating equipment shall be conducted as provided in s.
797 101.5612. If the test indicates no error, the recount tabulation
798 of the ballots cast shall be presumed correct and such votes
799 shall be canvassed accordingly. If an error is detected, the
800 cause therefor shall be ascertained and corrected and the
801 recount repeated, as necessary. The canvassing board shall
802 immediately report the error, along with the cause of the error
803 and the corrective measures being taken, to the Department of
804 State. No later than 11 days after the election, the canvassing
805 board shall file a separate incident report with the Department
806 of State, detailing the resolution of the matter and identifying
807 any measures that will avoid a future recurrence of the error.
808 If the automatic tabulating equipment used in a recount is not
809 part of the voting system and the ballots have already been
810 processed through such equipment, the canvassing board is not
811 required to put each ballot through any automatic tabulating
812 equipment again.
813 (b) Each canvassing board responsible for conducting a
814 recount where touchscreen ballots were used shall examine the
815 counters on the precinct tabulators to ensure that the total of
816 the returns on the precinct tabulators equals the overall
817 election return. If there is a discrepancy between the overall
818 election return and the counters of the precinct tabulators, the
819 counters of the precinct tabulators shall be presumed correct
820 and such votes shall be canvassed accordingly.
821 (c) The canvassing board shall submit on forms or in
822 formats provided by the division a second set of unofficial
823 returns to the Department of State for each federal, statewide,
824 state, or multicounty office or ballot measure. The returns
825 shall be filed no later than 3 p.m. on the 5th day after any
826 primary election and no later than 3 p.m. on the 9th day after
827 any general election in which a recount was ordered by the
828 Secretary of State. If the canvassing board is unable to
829 complete the recount prescribed in this subsection by the
830 deadline, the second set of unofficial returns submitted by the
831 canvassing board shall be identical to the initial unofficial
832 returns and the submission shall also include a detailed
833 explanation of why it was unable to timely complete the recount.
834 However, the canvassing board shall complete the recount
835 prescribed in this subsection, along with any manual recount
836 prescribed in s. 102.166, and certify election returns in
837 accordance with the requirements of this chapter.
838 (d) The Department of State shall adopt detailed rules
839 prescribing additional recount procedures for each certified
840 voting system, which shall be uniform to the extent practicable.
841 Section 18. Section 102.166, Florida Statutes, is amended
842 to read:
843 102.166 Manual recounts of overvotes and undervotes.—
844 (1) If the second set of unofficial returns pursuant to ss.
845 101.591 and 102.141, s. 102.141 indicates that a candidate for
846 any office was defeated or eliminated by one-quarter of a
847 percent or less of the votes cast for such office, that a
848 candidate for retention to a judicial office was retained or not
849 retained by one-quarter of a percent or less of the votes cast
850 on the question of retention, or that a measure appearing on the
851 ballot was approved or rejected by one-quarter of a percent or
852 less of the votes cast on such measure, a manual recount of the
853 overvotes and undervotes cast in the entire geographic
854 jurisdiction of such office or ballot measure must shall be
855 ordered unless:
856 (a) The candidate or candidates defeated or eliminated from
857 contention by one-quarter of 1 percent or fewer of the votes
858 cast for such office request in writing that a recount not be
859 made; or
860 (b) The number of overvotes and undervotes is fewer than
861 the number of votes needed to change the outcome of the
862 election.
863
864 The Secretary of State is responsible for ordering a manual
865 recount for federal or, state races that are multicounty, and
866 any other multicounty races. The county canvassing board or
867 local board responsible for certifying the election is
868 responsible for ordering a manual recount for all other races. A
869 manual recount consists of a recount of marksense ballots or of
870 digital images of those ballots by a person.
871 Section 19. Section 104.51, Florida Statutes, is created to
872 read:
873 104.51 Time limitation; election fraud.—A prosecution for a
874 felony violation under the Florida Election Code must be
875 commenced within 5 years after the date the violation is
876 committed.
877 Section 20. Section 322.034, Florida Statutes, is created
878 to read:
879 322.034 Legal status designation on state-issued driver
880 licenses and identification cards.—
881 (1) By July 1, 2027, a Florida driver license or Florida
882 identification card issued to a qualified applicant who is a
883 United States citizen as last recorded in the system must
884 include his or her legal citizenship status at the time of new
885 issuance, renewal, or replacement.
886 (2) Notwithstanding any other law, the department must, at
887 no charge, issue a renewal or replacement driver license or
888 identification card if a licensee or cardholder timely updates
889 his or her legal status upon becoming a citizen of the United
890 States as required in s. 322.19.
891 Section 21. Subsection (2) of section 121.121, Florida
892 Statutes, is amended to read:
893 121.121 Authorized leaves of absence.—
894 (2) A member who is required to resign his or her office as
895 a subordinate officer, deputy sheriff, or police officer because
896 he or she is a candidate for a public office which is currently
897 held by his or her superior officer who is also a candidate for
898 reelection to the same office, in accordance with s. 99.012(7)
899 s. 99.012(5), shall, upon return to covered employment, be
900 eligible to purchase retirement credit for the period between
901 his or her date of resignation and the beginning of the term of
902 office for which he or she was a candidate as a leave of absence
903 without pay, as provided in subsection (1).
904 Section 22. For the purpose of incorporating the amendment
905 made by this act to section 98.075, Florida Statutes, in a
906 reference thereto, subsection (6) of section 98.065, Florida
907 Statutes, is reenacted to read:
908 98.065 Registration list maintenance programs.—
909 (6) The supervisor shall, at a minimum, conduct an annual
910 review of voter registration records to identify registration
911 records in which a voter is registered at an address that may
912 not be an address of legal residence for the voter. For those
913 registration records with such addresses that the supervisor has
914 reasonable belief are not legal residential addresses, the
915 supervisor shall initiate list maintenance activities pursuant
916 to s. 98.075(6) and (7).
917 Section 23. This act shall take effect July 1, 2026
918
919 ================= T I T L E A M E N D M E N T ================
920 And the title is amended as follows:
921 Delete everything before the enacting clause
922 and insert:
923 A bill to be entitled
924 An act relating to elections; amending s. 97.021,
925 F.S.; revising definitions; amending s. 97.052, F.S.;
926 revising the information the statewide voter
927 registration application is designed to elicit from an
928 applicant to include a certain acknowledgment;
929 amending s. 97.0525, F.S.; requiring that the online
930 voter registration system transmit specified
931 information to the supervisor of elections under
932 specified circumstances; requiring that the
933 applicant’s legal status as a United States citizen be
934 recorded in the statewide voter registration system;
935 requiring that if the records of the Department of
936 Highway Safety and Motor Vehicles indicate that an
937 applicant is not a United States citizen or has not
938 submitted evidence of citizenship, the online voter
939 registration system must notify the supervisor of the
940 applicant’s legal status and transmit the application
941 to the supervisor; providing that an applicant’s
942 digital signature satisfies a certain requirement;
943 providing that if an applicant’s name and date of
944 birth cannot be verified, the system must populate
945 certain information into a printable version of the
946 registration application; requiring the applicant to
947 print, complete, sign, date, and deliver such
948 application to the supervisor; requiring that the
949 online voter registration system populate an
950 applicant’s information and direct the applicant to
951 perform specified actions under specified conditions;
952 conforming a cross-reference; amending s. 97.053,
953 F.S.; providing that applications to update a voter’s
954 record are retroactive under a specified condition;
955 requiring supervisors to verify a voter’s legal status
956 as a United States citizen using specified sources and
957 initiate a certain notice if applicable; amending s.
958 97.057, F.S.; requiring that an agreement between the
959 Department of Highway Safety and Motor Vehicles and
960 the Department of State match information regarding
961 the legal status as a United States citizen of
962 applicants applying to vote; requiring the Department
963 of State to include specified information in the
964 statewide voter registration system; requiring the
965 Department of Highway Safety and Motor Vehicles to
966 assist the Department of State in identifying certain
967 changes in information for persons who may be voters;
968 deleting a provision requiring the Department of State
969 to report certain changes to supervisors; amending s.
970 98.045, F.S.; requiring supervisors to verify the
971 current eligibility of certain applicants within a
972 specified timeframe by reviewing specified information
973 provided by governmental entities to make a
974 determination under specified conditions; requiring
975 the supervisor to deny the application and notify the
976 applicant if a certain determination is made; amending
977 s. 98.075, F.S.; requiring the Department of State to
978 identify certain voters by comparing or receiving
979 information from specified sources; requiring the
980 Department of State to review such information and
981 make an initial determination; requiring the
982 department to notify the supervisor if certain
983 information is credible and reliable and provide a
984 copy of specified documentation to the supervisor;
985 requiring the supervisor to adhere to specified
986 procedures to remove the voter’s name from the
987 statewide voter registration system; specifying
988 acceptable documents or evidence of United States
989 citizenship which must be recorded in the statewide
990 voter registration system; amending s. 98.093, F.S.;
991 revising the information that the Department of
992 Highway Safety and Motor Vehicles is required to
993 furnish weekly to the Department of State; specifying
994 documents acceptable as evidence of United States
995 citizenship; requiring the Department of State to
996 report certain information to supervisors within a
997 specified timeframe and for supervisors to update the
998 voter registration records; requiring that the
999 Department of State use certain information from
1000 federal jury coordinators to identify voters and
1001 applicants who are potentially ineligible; amending s.
1002 99.012, F.S.; prohibiting a person from qualifying for
1003 nomination as a candidate of a political party if the
1004 person has not been a registered member of such party
1005 for a specified timeframe; prohibiting a person from
1006 qualifying for specified public office if the person
1007 has changed his or her name within a specified
1008 timeframe; providing applicability; amending s.
1009 99.021, F.S.; revising the form of candidate oath to
1010 conform to changes made by the act; amending ss.
1011 101.151 and 101.5606, F.S.; conforming provisions to
1012 changes made by the act; amending s. 101.56075, F.S.;
1013 requiring that all voting be done by official ballot
1014 using certain pens; providing an exception; amending
1015 s. 101.5608, F.S.; deleting the requirement that the
1016 stub be removed from the ballot and placed in an
1017 envelope; conforming provisions to changes made by the
1018 act; amending s. 101.5612, F.S.; conforming provisions
1019 to changes made by the act; amending s. 102.111, F.S.;
1020 revising the meeting times of the Elections Canvassing
1021 Commission to certify elections returns; amending s.
1022 102.141, F.S.; requiring that supervisors upload
1023 certain results by a specified local time; requiring
1024 the supervisors, on behalf of the canvassing boards,
1025 to report all early voting and all tabulated vote-by
1026 mail ballots to the department; requiring canvassing
1027 boards to periodically report updated precinct
1028 election results by uploading the results to the
1029 department; conforming provisions to changes made by
1030 the act; amending s. 102.166, F.S.; conforming
1031 provisions to changes made by the act; creating s.
1032 104.51, F.S.; requiring that certain prosecutions be
1033 commenced within a specified timeframe after a
1034 specified violation is committed; creating s. 322.034,
1035 F.S.; requiring, by a specified date, that Florida
1036 driver licenses and Florida identification cards
1037 issued to qualified applicants include the legal
1038 citizenship status of the applicant on the license or
1039 card; requiring the Department of Highway Safety and
1040 Motor Vehicles to issue, at no charge, Florida driver
1041 licenses and Florida identification cards to certain
1042 licensees and cardholders; amending s. 121.121, F.S.;
1043 conforming a cross-reference; reenacting s. 98.065(6),
1044 F.S., relating to registration list maintenance
1045 programs, to incorporate the amendment made to s.
1046 98.075, F.S., in a reference thereto; providing an
1047 effective date.