December 19, 2014
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HB 1567

1
A bill to be entitled
2An act relating to elections; amending s. 97.012, F.S.;
3authorizing the Secretary of State to investigate voter
4fraud; authorizing the Department of State to adopt rules;
5amending s. 97.021, F.S.; defining the term "marksense
6ballots"; defining the terms "early voting area," "early
7voting site," and "third-party voter registration
8organization"; amending s. 97.051, F.S.; revising the oath
9required upon registering to vote; amending s. 97.052,
10F.S.; revising the contents of the uniform statewide voter
11registration application; amending s. 97.053, F.S.;
12revising provisions governing the acceptance of voter
13registration applications by the supervisor of elections;
14requiring that an applicant complete a registration
15application before the date of book closing in order to be
16eligible to vote in that election; revising the
17information required on the registration application;
18amending s. 97.055, F.S.; limiting the updates that may be
19made to registration information following book closing;
20creating s. 97.0575, F.S.; providing requirements for
21third-party voter registration organizations that collect
22voter-registration applications; providing fines for
23failure to deliver applications as required; authorizing
24the Division of Elections to adopt rules to administer
25provisions governing third-party voter registration
26organizations; amending s. 97.071, F.S.; specifying the
27information to be included on the registration
28identification card; amending s. 98.045, F.S.; deleting a
29cross-reference; amending s. 98.077, F.S.; revising the
30procedures for updating a voter signature used to verify
31an absentee ballot or provisional ballot; amending s.
3299.061, F.S.; providing for qualifying for nomination or
33election by the petition process; requiring the filing of
34statements of financial interest; requiring that a
35qualifying officer accept certain qualifying papers filed
36before the qualifying period; amending s. 99.063, F.S.;
37providing filing requirements for public officers;
38amending s. 99.092, F.S., relating to qualifying fees;
39clarifying provisions governing qualifying for nomination
40or election by the petition process to conform to changes
41made by the act; amending s. 99.095, F.S.; revising the
42requirements for qualifying as a candidate by a petition
43process in lieu of paying a qualifying fee and party
44assessment; providing requirements for submitting
45petitions and certifications; requiring that the division
46or supervisor of elections, as applicable, determine
47whether the required number of signatures has been
48obtained; amending s. 99.0955, F.S.; providing procedures
49for a candidate having no party affiliation to qualify by
50the petition process; amending s. 99.096, F.S.; revising
51the procedures for a minor political party to submit
52nominated candidates to be on the general election ballot;
53providing for candidates to qualify by the petition
54process; amending s. 99.09651, F.S., relating to signature
55requirements for ballot position; conforming provisions to
56changes made by the act; amending s. 100.011, F.S.;
57requiring that an elector in line at the time the polls
58close be allowed to vote; amending s. 100.101, F.S.;
59revising the circumstances under which a special election
60or primary is held; amending s. 100.111, F.S.; revising
61requirements for filling a vacancy in a nomination;
62requiring that ballots cast for a former nominee be
63counted for the person designated to replace the nominee
64under certain circumstances; amending s. 100.141, F.S.,
65relating to the notice of a special election; conforming
66provisions to changes made by the act; amending s.
67101.031, F.S.; revising the Voter's Bill of Rights to
68authorize a provisional ballot if a person's identity is
69in question; amending s. 101.043, F.S.; revising the
70procedures for a voter to provide identification when
71voting; amending s. 101.048, F.S.; providing for certain
72additional voters to cast provisional ballots; providing
73requirements for presenting evidence in support of a
74person's right to vote; requiring that the county
75canvassing board count such a ballot unless it determines
76by a preponderance of the evidence that the person was not
77entitled to vote; requiring that a person casting a
78provisional ballot be informed of certain rights; amending
79s. 101.049, F.S.; providing requirements for ballots for
80persons with disabilities; amending s. 101.051, F.S.;
81prohibiting certain solicitations to provide assistance to
82an elector; providing a penalty; authorizing an elector to
83request that a person other than an election official
84provide him or her with assistance in voting; providing
85for the form of the oath to be signed; amending s.
86101.111, F.S.; revising the requirements for challenging
87an elector's right to vote; providing a penalty for filing
88a frivolous challenge; amending s. 101.131, F.S.; revising
89requirements for poll watchers; authorizing certain
90political committees to have poll watchers; prohibiting a
91poll watcher from interacting with a voter; providing for
92poll watchers at early voting areas; amending s. 101.151,
93F.S.; providing requirements for marksense ballots;
94amending s. 101.171, F.S.; requiring that a copy of a
95proposed constitutional amendment be available at voting
96locations; amending s. 101.294, F.S.; prohibiting a vendor
97of voting equipment from providing systems, components, or
98system upgrades to a local governing body or supervisor of
99elections which have not been certified by the Division of
100Elections; requiring that the vendor provide sworn
101certification of such equipment; amending s. 101.295,
102F.S.; providing a penalty for providing voting equipment
103in violation of ch. 101, F.S.; amending s. 101.49, F.S.;
104revising the procedures for verifying an elector's
105signature; amending s. 101.51, F.S.; requiring that an
106elector occupy a voting booth alone; amending s. 101.5606,
107F.S., relating to requirements for approval of voting
108systems, to conform; amending s. 101.5608, F.S., relating
109to voting by electronic or electromechanical methods, to
110conform; amending s. 101.5612, F.S.; providing
111requirements for testing voting equipment; amending s.
112101.5614, F.S.; correcting a cross-reference; amending s.
113101.572, F.S.; requiring that the supervisor of elections
114notify the candidates if ballots are examined before the
115end of the contest; amending s. 101.58, F.S.; authorizing
116employees of the department to have access to the
117premises, records, equipment, and staff of the supervisors
118of elections; amending s. 101.595, F.S.; requiring that
119certain overvotes and undervotes be reported to the
120department; amending s. 101.6103, F.S.; authorizing the
121canvassing board to begin canvassing before the election;
122prohibiting the release of results before election day;
123providing a penalty for any early release of results;
124requiring that a mail ballot that otherwise satisfies the
125requirements of law for mail ballots be counted even if
126the elector dies after mailing the ballot but before
127election day if certain conditions are met; amending s.
128101.62, F.S.; revising the requirements for mailing
129absentee ballots to voters; amending s. 101.64, F.S.;
130providing for an oath to be provided to persons voting
131absentee under the Uniformed and Overseas Citizens
132Absentee Voting Act; amending s. 101.657, F.S.; revising
133requirements relating to early voting locations; revising
134the times to begin and end early voting and the times for
135opening and closing the early voting sites each day;
136providing for uniformity of county early voting sites;
137requiring any person in line at the closing of an early
138voting site to be allowed to vote; providing for early
139voting in municipal and special district elections;
140requiring supervisors to provide certain information in
141electronic format to the Division of Elections; requiring
142that an early voting ballot that otherwise satisfies the
143requirements of law for early voting ballots be counted
144even if the elector dies on or before election day;
145amending s. 101.663, F.S.; providing for certain persons
146to vote absentee after moving to another state; amending
147s. 101.68, F.S.; prohibiting changing a voter's
148certificate after the absentee ballot is received by the
149supervisor; providing that electors who die on or before
150election day and have cast an absentee ballot shall remain
151on the voter registration books until the election is
152certified; providing that the ballot of an elector who
153casts an absentee ballot shall be counted even if the
154elector dies on or before election day if certain
155conditions are met; amending s. 101.69, F.S.; prohibiting
156a voter from voting another ballot after casting an
157absentee ballot; providing for a provisional ballot under
158certain circumstances; amending s. 101.6923, F.S.;
159providing for the form of the printed instructions on an
160absentee ballot; amending s. 101.694, F.S.; providing
161requirements for absentee envelopes printed for voters
162voting under the Uniformed and Overseas Citizens Absentee
163Voting Act; amending s. 101.697, F.S.; requiring the
164Department of State to determine whether secure electronic
165ballots may be provided for overseas voters; requiring
166that the department adopt rules for accepting overseas
167ballots; amending s. 102.012, F.S.; requiring the
168supervisor of elections to appoint an election board
169before any election; providing duties of the board;
170amending s. 102.014, F.S.; requiring that the Division of
171Elections develop a uniform training curriculum for poll
172workers; amending s. 102.031, F.S.; providing requirements
173for maintaining order at early voting areas; requiring the
174designation of a no-solicitation zone; prohibiting
175photography in a polling room or early voting area;
176amending s. 102.071, F.S.; revising requirements for
177tabulating votes; amending s. 102.111, F.S.; providing for
178corrections to be made to the official election returns;
179amending s. 102.112, F.S.; requiring that a return contain
180a certification by the canvassing board; authorizing the
181Department of State to correct typographical errors;
182amending s. 102.141, F.S.; revising requirements for the
183canvassing boards in submitting returns to the department;
184providing requirements for the report filed by the
185canvassing board; requiring the department to adopt rules
186for filing results and statistical information; amending
187s. 102.166, F.S.; revising the circumstances under which a
188manual recount may be ordered; amending s. 102.168, F.S.;
189requiring that complaints be filed with the board
190responsible for certifying the election results;
191specifying the parties to an action who may contest an
192election or nomination; amending s. 103.021, F.S.;
193providing for nomination of presidential electors by the
194state executive committee of each political party;
195defining the term "national party" for purposes of
196nominating a candidate for President and Vice President of
197the United States; amending ss. 103.051 and 103.061, F.S.;
198specifying duties of the presidential electors; amending
199s. 103.121, F.S.; revising powers and duties of executive
200committees to conform to changes made by the act; amending
201s. 105.031, F.S.; providing for public officers to file a
202statement of financial interests at the time of
203qualifying; requiring that a filing officer accept certain
204qualifying papers filed before the qualifying period;
205amending s. 105.035, F.S.; revising procedures for
206qualifying for certain judicial offices and the office of
207school board member; prohibiting a candidate from
208obtaining signatures until appointing a campaign treasurer
209and designating a campaign depository; revising the
210requirements for the supervisor of elections with respect
211to certifying signatures; creating s. 106.022, F.S.;
212requiring that a political committee, committee of
213continuous existence, or electioneering communications
214entity maintain a registered office and registered agent;
215providing requirements for the statement of appointment;
216prohibiting political parties from accepting certain in-
217kind contributions; amending s. 106.24, F.S.; clarifying
218the duties of the Secretary of State; amending s. 106.141,
219F.S., relating to the disposition of surplus funds;
220conforming provisions to changes made by the act;
221transferring and renumbering s. 98.122, F.S., relating to
222the use of closed captioning and descriptive narrative in
223television broadcasts; amending s. 106.22, F.S.;
224eliminating certain duties of the Division of Elections
225with respect to reports to the Legislature and preliminary
226investigations; amending s. 16.56, F.S.; authorizing the
227Office of Statewide Prosecution to investigate and
228prosecute crimes involving voter registration, voting, or
229certain petition activities; amending s. 119.07, F.S.;
230clarifying requirements of the supervisor of elections
231with respect to notifying candidates of the inspection of
232ballots; amending s. 145.09, F.S.; requiring that the
233Department of State adopt rules establishing certification
234requirements for supervisors of elections; creating s.
235104.0615, F.S.; providing a short title; prohibiting a
236person from using or threatening to use force, violence,
237or intimidation to induce or compel an individual to vote
238or refrain from voting, to refrain from registering to
239vote, or to refrain from acting as an election official or
240poll watcher; prohibiting a person from knowingly using
241false information to challenge an individual's right to
242vote, to induce an individual to refrain from registering
243to vote, or to induce or attempt to induce an individual
244to refrain from acting as an election official or poll
245watcher; prohibiting a person from knowingly destroying,
246mutilating, or defacing a voter registration form or
247election ballot or obstructing or delaying the delivery of
248a voter registration form or election ballot; providing
249criminal penalties; repealing ss. 98.095, 98.0979, 98.181,
25098.481, 101.253, 101.635, 102.061, 106.085, and 106.144,
251F.S., relating to inspections of county registers and the
252voter database, indexes and records, challenges to
253elections, the printing and distribution of ballots,
254duties of the election board, expenditures, and
255endorsements or opposition by certain groups; providing
256for severability; providing effective dates.
257
258Be It Enacted by the Legislature of the State of Florida:
259
260     Section 1.  Section 97.012, Florida Statutes, is amended to
261read:
262     97.012  Secretary of State as chief election officer.--The
263Secretary of State is the chief election officer of the state,
264and it is his or her responsibility to:
265     (1)  Obtain and maintain uniformity in the application,
266operation, and interpretation of the election laws.
267     (2)  Provide uniform standards for the proper and equitable
268implementation of the registration laws.
269     (3)  Actively seek out and collect the data and statistics
270necessary to knowledgeably scrutinize the effectiveness of
271election laws.
272     (4)  Provide technical assistance to the supervisors of
273elections on voter education and election personnel training
274services.
275     (5)  Provide technical assistance to the supervisors of
276elections on voting systems.
277     (6)  Provide voter education assistance to the public.
278     (7)  Coordinate the state's responsibilities under the
279National Voter Registration Act of 1993.
280     (8)  Provide training to all affected state agencies on the
281necessary procedures for proper implementation of this chapter.
282     (9)  Ensure that all registration applications and forms
283prescribed or approved by the department are in compliance with
284the Voting Rights Act of 1965 and the National Voter
285Registration Act of 1993.
286     (10)  Coordinate with the United States Department of
287Defense so that armed forces recruitment offices administer
288voter registration in a manner consistent with the procedures
289set forth in this code for voter registration agencies.
290     (11)  Create and administer maintain a statewide voter
291registration system as required by the Help America Vote Act of
2922002 database.
293     (12)  Maintain a voter fraud hotline and provide election
294fraud education to the public.
295     (13)  Designate an office within the department to be
296responsible for providing information regarding voter
297registration procedures and absentee ballot procedures to absent
298uniformed services voters and overseas voters.
299     (14)  Conduct preliminary investigations into any
300irregularities or fraud involving voter registration, voting, or
301candidate or issue petition activities and report his or her
302findings to the statewide prosecutor or the state attorney for
303the judicial circuit in which the alleged violation occurred for
304prosecution, if warranted. The Department of State may prescribe
305by rule requirements for filing an elections-fraud complaint and
306for investigating any such complaint.
307     Section 2.  Subsection (3) and present subsections (24) and
308(39) of section 97.021, Florida Statutes, are amended, present
309subsections (8) through (33) of that section are redesignated as
310subsections (10) through (35), respectively, present subsections
311(34) through (39) of that section are redesignated as
312subsections (37) through (42), respectively, and new subsections
313(8), (9), and (36) are added to that section, to read:
314     97.021  Definitions.--For the purposes of this code, except
315where the context clearly indicates otherwise, the term:
316     (3)  "Ballot" or "official ballot" when used in reference
317to:
318     (a)  "Marksense Paper ballots" means that printed sheet of
319paper, used in conjunction with an electronic or
320electromechanical vote tabulation voting system, containing the
321names of candidates, or a statement of proposed constitutional
322amendments or other questions or propositions submitted to the
323electorate at any election, on which sheet of paper an elector
324casts his or her vote.
325     (b)  "Electronic or electromechanical devices" means a
326ballot that is voted by the process of electronically
327designating, including by touchscreen, or marking with a marking
328device for tabulation by automatic tabulating equipment or data
329processing equipment.
330     (8)  "Early voting area" means the area designated by the
331supervisor of elections at an early voting site at which early
332voting activities occur, including, but not limited to, lines of
333voters waiting to be processed, the area where voters check in
334and are processed, and the area where voters cast their ballots.
335     (9)  "Early voting site" means those locations specified in
336s. 101.657 and the building in which early voting occurs.
337     (26)(24)  "Polling room" means the actual room in which
338ballots are cast on election day and during early voting.
339     (36)  "Third-party registration organization" means any
340person, entity, or organization soliciting or collecting voter
341registration applications. A third-party voter registration
342organization does not include:
343     (a)  A political party;
344     (b)  A person who seeks only to register to vote or collect
345voter registration applications from that person's spouse,
346child, or parent; or
347     (c)  A person engaged in registering to vote or collecting
348voter registration applications as an employee or agent of the
349division, supervisor of elections, Department of Highway Safety
350and Motor Vehicles, or a voter registration agency.
351     (42)(39)  "Voting system" means a method of casting and
352processing votes that functions wholly or partly by use of
353electromechanical or electronic apparatus or by use of marksense
354paper ballots and includes, but is not limited to, the
355procedures for casting and processing votes and the programs,
356operating manuals, supplies tabulating cards, printouts, and
357other software necessary for the system's operation.
358     Section 3.  Section 97.051, Florida Statutes, is amended to
359read:
360     97.051  Oath upon registering.--A person registering to
361vote must subscribe to the following oath: "I do solemnly swear
362(or affirm) that I will protect and defend the Constitution of
363the United States and the Constitution of the State of Florida,
364that I am qualified to register as an elector under the
365Constitution and laws of the State of Florida, and that all
366information provided in this application is true I am a citizen
367of the United States and a legal resident of Florida."
368     Section 4.  Section 97.052, Florida Statutes, is amended to
369read:
370     97.052  Uniform statewide voter registration application.--
371     (1)  The department shall prescribe a uniform statewide
372voter registration application for use in this state.
373     (a)  The uniform statewide voter registration application
374must be accepted for any one or more of the following purposes:
375     1.  Initial registration.
376     2.  Change of address.
377     3.  Change of party affiliation.
378     4.  Change of name.
379     5.  Replacement of a voter registration identification
380card.
381     6.  Signature update.
382     (b)  The department is responsible for printing the uniform
383statewide voter registration application and the voter
384registration application form prescribed by the Federal Election
385Assistance Commission pursuant to federal law the National Voter
386Registration Act of 1993. The applications and forms must be
387distributed, upon request, to the following:
388     1.  Individuals seeking to register to vote.
389     2.  Individuals or groups conducting voter registration
390programs. A charge of 1 cent per application shall be assessed
391on requests for 10,000 or more applications.
392     3.  The Department of Highway Safety and Motor Vehicles.
393     4.  Voter registration agencies.
394     5.  Armed forces recruitment offices.
395     6.  Qualifying educational institutions.
396     7.  Supervisors, who must make the applications and forms
397available in the following manner:
398     a.  By distributing the applications and forms in their
399offices to any individual or group.
400     b.  By distributing the applications and forms at other
401locations designated by each supervisor.
402     c.  By mailing the applications and forms to applicants
403upon the request of the applicant.
404     (c)  The uniform statewide voter registration application
405may be reproduced by any private individual or group, provided
406the reproduced application is in the same format as the
407application prescribed under this section.
408     (2)  The uniform statewide voter registration application
409must be designed to elicit the following information from the
410applicant:
411     (a)  Full name.
412     (b)  Date of birth.
413     (c)  Address of legal residence.
414     (d)  Mailing address, if different.
415     (e)  County of legal residence.
416     (f)  Address of property for which the applicant has been
417granted a homestead exemption, if any.
418     (f)(g)  Race or ethnicity that best describes the
419applicant:
420     1.  American Indian or Alaskan Native.
421     2.  Asian or Pacific Islander.
422     3.  Black, not Hispanic.
423     4.  White, not Hispanic.
424     5.  Hispanic.
425     (g)(h)  State or country of birth.
426     (h)(i)  Sex.
427     (i)(j)  Party affiliation.
428     (j)(k)  Whether the applicant needs assistance in voting.
429     (k)(l)  Name and address where last registered.
430     (l)(m)  Last four digits of the applicant's social security
431number.
432     (m)(n)  Florida driver's license number or the
433identification number from a Florida identification card issued
434under s. 322.051.
435     (n)(o)  Telephone number (optional).
436     (o)(p)  Signature of applicant under penalty for false
437swearing pursuant to s. 104.011, by which the person subscribes
438to the oath required by s. 3, Art. VI of the State Constitution
439and s. 97.051, and swears or affirms that the information
440contained in the registration application is true.
441     (p)(q)  Whether the application is being used for initial
442registration, to update a voter registration record, or to
443request a replacement registration identification card.
444     (q)(r)  Whether the applicant is a citizen of the United
445States by asking the question "Are you a citizen of the United
446States of America?" and providing boxes for the applicant to
447check to indicate whether the applicant is or is not a citizen
448of the United States.
449     (r)(s)  Whether That the applicant has not been convicted
450of a felony, and or, if convicted, has had his or her civil
451rights restored by including the statement "I affirm I am not a
452convicted felon, or if I am, my rights relating to voting have
453been restored" and providing a box for the applicant to affirm
454the statement.
455     (s)(t)  Whether That the applicant has not been adjudicated
456mentally incapacitated with respect to voting or, if so
457adjudicated, has had his or her right to vote restored by
458including the statement "I affirm I have not been adjudicated
459mentally incapacitated with respect to voting or, if I have, my
460competency has been restored" and providing a box for the
461applicant to check to affirm the statement.
462
463The registration form must be in plain language and designed so
464that convicted felons whose civil rights have been restored and
465persons who have been adjudicated mentally incapacitated and
466have had their voting rights restored are not required to reveal
467their prior conviction or adjudication.
468     (3)  The uniform statewide voter registration application
469must also contain:
470     (a)  The oath required by s. 3, Art. VI of the State
471Constitution and s. 97.051.
472     (b)  A statement specifying each eligibility requirement
473under s. 97.041.
474     (c)  The penalties provided in s. 104.011 for false
475swearing in connection with voter registration.
476     (d)  A statement that, if an applicant declines to register
477to vote, the fact that the applicant has declined to register
478will remain confidential and may be used only for voter
479registration purposes.
480     (e)  A statement that informs the applicant who chooses to
481register to vote or update a voter registration record that the
482office at which the applicant submits a voter registration
483application or updates a voter registration record will remain
484confidential and may be used only for voter registration
485purposes.
486     (f)  A statement that informs the applicant that any person
487who has been granted a homestead exemption in this state, and
488who registers to vote in any precinct other than the one in
489which the property for which the homestead exemption has been
490granted, shall have that information forwarded to the property
491appraiser where such property is located, which may result in
492the person's homestead exemption being terminated and the person
493being subject to assessment of back taxes under s. 193.092,
494unless the homestead granted the exemption is being maintained
495as the permanent residence of a legal or natural dependent of
496the owner and the owner resides elsewhere.
497     (f)(g)  A statement informing an the applicant who has not
498been issued a Florida driver's license, a Florida identification
499card, or a social security number that if the application form
500is submitted by mail and the applicant is registering for the
501first time in Florida, the applicant will be required to provide
502identification prior to voting the first time.
503     (4)  A supervisor may produce a voter registration
504application that has the supervisor's direct mailing address if
505the department has reviewed the application and determined that
506it is substantially the same as the uniform statewide voter
507registration application.
508     (5)  The voter registration application form prescribed by
509the Federal Election Assistance Commission pursuant to federal
510law the National Voter Registration Act of 1993 or the federal
511postcard application must be accepted as an application for
512registration in this state if the completed application or
513postcard application contains the information required by the
514constitution and laws of this state.
515     Section 5.  Section 97.053, Florida Statutes, is amended to
516read:
517     97.053  Acceptance of voter registration applications.--
518     (1)  Voter registration applications, changes in
519registration, and requests for a replacement registration
520identification card must be accepted in the office of any
521supervisor, the division, a driver license office, a voter
522registration agency, or an armed forces recruitment office when
523hand delivered by the applicant or a third party during the
524hours that office is open or when mailed.
525     (2)  A completed voter registration application is complete
526and that contains the information necessary to establish an
527applicant's eligibility pursuant to s. 97.041 becomes the
528official voter registration record of that applicant when all
529information necessary to establish the applicant's eligibility
530pursuant to s. 97.041 is received by the appropriate supervisor.
531If the applicant fails to complete his or her voter registration
532application before the date of book closing for an election,
533such applicant is not eligible to vote in that election.
534     (3)  The registration date for a valid initial voter
535registration application that has been hand delivered is the
536date when received by a driver license office, a voter
537registration agency, an armed forces recruitment office, the
538division, or the office of any supervisor in the state.
539     (4)  The registration date for a valid initial voter
540registration application that has been mailed to a driver
541license office, a voter registration agency, an armed forces
542recruitment office, the division, or the office of any
543supervisor in the state and bears a clear postmark is the date
544of that the postmark. If an initial voter registration
545application that has been mailed does not bear a postmark or if
546the postmark is unclear, the registration date is the date the
547registration is received by any supervisor or the division,
548unless it is received within 5 days after the closing of the
549books for an election, excluding Saturdays, Sundays, and legal
550holidays, in which case the registration date is the book-
551closing date.
552     (5)(a)  A voter registration application is complete if it
553contains the following information necessary to establish
554eligibility pursuant to s. 97.041:
555     1.  The applicant's name.
556     2.  The applicant's legal residence address.
557     3.  The applicant's date of birth.
558     4.  A mark in the checkbox affirming An indication that the
559applicant is a citizen of the United States.
560     5.  The applicant's Florida driver's license number, the
561identification number from a Florida identification card issued
562under s. 322.051, or the last four digits of the applicant's
563social security number.
564     6.  A mark in the checkbox affirming An indication that the
565applicant has not been convicted of a felony or that, if
566convicted, has had his or her civil rights restored.
567     7.  A mark in the checkbox affirming An indication that the
568applicant has not been adjudicated mentally incapacitated with
569respect to voting or that, if so adjudicated, has had his or her
570right to vote restored.
571     8.  The original signature of the applicant swearing or
572affirming under the penalty for false swearing pursuant to s.
573104.011 that the information contained in the registration
574application is true and subscribing to the oath required by s.
5753, Art. VI of the State Constitution and s. 97.051.
576     (b)  An applicant who fails to designate party affiliation
577must be registered without party affiliation. The supervisor
578must notify the voter by mail that the voter has been registered
579without party affiliation and that the voter may change party
580affiliation as provided in s. 97.1031.
581     Section 6.  Subsection (1) of section 97.055, Florida
582Statutes, is amended to read:
583     97.055  Registration books; when closed for an election.--
584     (1)  The registration books must be closed on the 29th day
585before each election and must remain closed until after that
586election. If an election is called and there are fewer than 29
587days before that election, the registration books must be closed
588immediately. When the registration books are closed for an
589election, updates to a voter's name, address, and signature
590pursuant to ss. 98.077 and 101.045 shall be the only changes
591permitted for purposes of the upcoming election. Voter
592registration applications and party changes must be accepted but
593only for the purpose of subsequent elections. However, party
594changes received between the book-closing date of the first
595primary election and the date of the second primary election are
596not effective until after the second primary election.
597     Section 7.  Section 97.0575, Florida Statutes, is created
598to read:
599     97.0575  Third-party voter registrations.--
600     (1)  Prior to engaging in any voter-registration
601activities, a third-party voter registration organization shall
602name a registered agent in the state and submit to the division,
603in a form adopted by the division, the name of the registered
604agent and the name of those individuals responsible for the day-
605to-day operation of the third-party voter registration
606organization, including, if applicable, the names of the
607entity's board of directors, president, vice president, managing
608partner, or such other individuals engaged in similar duties or
609functions. On or before the 15th day after the end of each
610calendar quarter, each third-party voter registration
611organization shall submit to the division a report providing the
612date and location of any organized voter-registration drives
613conducted by the organization in the prior calendar quarter.
614     (2)  The failure to submit the information required by
615subsection (1) does not subject the third-party voter
616registration organization to any civil or criminal penalties for
617such failure and the failure to submit such information is not a
618basis for denying such third-party voter registration
619organization with copies of voter-registration application
620forms.
621     (3)  A third-party voter registration organization that
622collects voter-registration applications serves as a fiduciary
623to the applicant, ensuring that any voter-registration
624application entrusted to the third-party voter registration
625organization, irrespective of party affiliation, race,
626ethnicity, or gender shall be promptly delivered to the division
627or the supervisor of elections. If a voter-registration
628application collected by any third-party voter registration
629organization is not delivered to the division or supervisor of
630elections, the individual collecting the voter-registration
631application, the registered agent, and those individuals
632responsible for the day-to-day operation of the third-party
633voter registration organization, including, if applicable, the
634entity's board of directors, president, vice president, managing
635partner, or such other individuals engaged in similar duties or
636functions, shall be personally and jointly and severally liable
637for the following fines:
638     (a)  A fine in the amount of $250 for each application
639received by the division or the supervisor of elections more
640than 10 days after the applicant delivered the completed voter-
641registration application to the third-party voter registration
642organization or any person, entity, or agent acting on its
643behalf.
644     (b)  A fine in the amount of $500 for each application
645collected by a third-party voter registration organization or
646any person, entity, or agent acting on its behalf, prior to book
647closing for any given election for federal or state office and
648received by the division or the supervisor of elections after
649the book closing deadline for such election.
650     (c)  A fine in the amount of $5,000 for each application
651collected by a third-party voter registration organization or
652any person, entity, or agent acting on its behalf, which is not
653submitted to the division or supervisor of elections.
654
655The fines provided in this subsection shall be reduced by three-
656fourths in cases in which the third-party voter registration
657organization has complied with subsection (1).
658     (4)(a)  The division shall adopt by rule a form to elicit
659specific information concerning the facts and circumstances from
660a person who claims to have been registered by a third-party
661voter registration organization but who does not appear as an
662active voter on the voter-registration rolls.
663     (b)  The division may investigate any violation of this
664section. Civil fines shall be assessed by the division and
665enforced through any appropriate legal proceedings.
666     (5)  The date on which an applicant signs a voter-
667registration application is presumed to be the date on which the
668third-party voter registration organization received or
669collected the voter-registration application.
670     (6)  The civil fines provided in this section are in
671addition to any applicable criminal penalties.
672     (7)  Fines collected pursuant to this section shall be
673annually appropriated by the Legislature to the department for
674enforcement of this section and for voter education.
675     (8)  The division may adopt rules to administer this
676section.
677     Section 8.  Section 97.071, Florida Statutes, is amended to
678read:
679     97.071  Registration identification card.--
680     (1)  The supervisor must furnish a registration
681identification card must be furnished to all voters registering
682under the permanent single registration system and must contain:
683     (a)  Voter's registration number.
684     (b)  Date of registration.
685     (c)  Full name.
686     (d)  Party affiliation.
687     (e)  Date of birth.
688     (f)  Race or ethnicity, if provided by the applicant.
689     (g)  Sex, if provided by the applicant.
690     (h)  Address of legal residence.
691     (i)  Precinct number.
692     (j)  Name of supervisor.
693     (k)  Place for voter's signature.
694     (l)  Other information deemed necessary by the department.
695     (2)  A voter may receive a replacement of a registration
696identification card by providing a signed, written request for a
697replacement card to the supervisor. Upon verification of
698registration, the supervisor shall issue the voter a duplicate
699card without charge.
700     (3)  In the case of a change of name, address, or party
701affiliation, the supervisor must issue the voter a new
702registration identification card. However, a registration
703identification card indicating a party affiliation change made
704between the book-closing date for the first primary election and
705the date of the second primary election may not be issued until
706after the second primary election.
707     Section 9.  Subsection (3) of section 98.045, Florida
708Statutes, is amended to read:
709     98.045  Administration of voter registration.--
710     (3)  Notwithstanding the provisions of s. ss. 98.095 and
71198.0977, each supervisor shall maintain for at least 2 years,
712and make available for public inspection and copying, all
713records concerning implementation of registration list
714maintenance programs and activities conducted pursuant to ss.
71598.065, 98.075, and 98.0977. The records must include lists of
716the name and address of each person to whom an address
717confirmation final notice was sent and information as to whether
718each such person responded to the mailing, but may not include
719any information that is confidential or exempt from public
720records requirements under this code.
721     Section 10.  Section 98.077, Florida Statutes, is amended
722to read:
723     98.077  Update of voter signature.--The supervisor of
724elections shall provide to each registered voter of the county
725the opportunity to update his or her signature on file at the
726supervisor's office by providing notification of the ability to
727do so in any correspondence, other than postcard notifications,
728sent to the voter.  The notice shall advise when, where, and how
729to update the signature and shall provide the voter information
730on how to obtain a form from the supervisor that can be returned
731to update the signature.  In addition, at least once during each
732general election year, the supervisor shall publish in a
733newspaper of general circulation or other newspaper in the
734county deemed appropriate by the supervisor a notice specifying
735when, where, or how a voter can update his or her signature that
736is on file or how a voter can obtain a form from the supervisor
737to do so. All signature updates for use in verifying absentee
738and provisional ballots must be received by the appropriate
739supervisor of elections no later than the start of the
740canvassing of absentee ballots by the canvassing board. The
741signature on file at the start of the canvas of the absentee
742ballots is the signature that shall be used in verifying the
743signature on the absentee and provisional ballot certificates.
744     Section 11.  Section 99.061, Florida Statutes, is amended
745to read:
746     99.061  Method of qualifying for nomination or election to
747federal, state, county, or district office.--
748     (1)  The provisions of any special act to the contrary
749notwithstanding, each person seeking to qualify for nomination
750or election to a federal, state, or multicounty district office,
751other than election to a judicial office as defined in chapter
752105 or the office of school board member, shall file his or her
753qualification papers with, and pay the qualifying fee, which
754shall consist of the filing fee and election assessment, and
755party assessment, if any has been levied, to, the Department of
756State, or qualify by the petition process pursuant to s. 99.095
757alternative method with the Department of State, at any time
758after noon of the 1st day for qualifying, which shall be as
759follows:  the 120th day prior to the first primary, but not
760later than noon of the 116th day prior to the date of the first
761primary, for persons seeking to qualify for nomination or
762election to federal office or to the office of the state
763attorney or the public defender; and noon of the 50th day prior
764to the first primary, but not later than noon of the 46th day
765prior to the date of the first primary, for persons seeking to
766qualify for nomination or election to a state or multicounty
767district office, other than the office of the state attorney or
768the public defender.
769     (2)  The provisions of any special act to the contrary
770notwithstanding, each person seeking to qualify for nomination
771or election to a county office, or district or special district
772office not covered by subsection (1), shall file his or her
773qualification papers with, and pay the qualifying fee, which
774shall consist of the filing fee and election assessment, and
775party assessment, if any has been levied, to, the supervisor of
776elections of the county, or shall qualify by the petition
777process pursuant to s. 99.095 alternative method with the
778supervisor of elections, at any time after noon of the 1st day
779for qualifying, which shall be the 50th day prior to the first
780primary or special district election, but not later than noon of
781the 46th day prior to the date of the first primary or special
782district election. However, if a special district election is
783held at the same time as the second primary or general election,
784qualifying shall be the 50th day prior to the first primary, but
785not later than noon of the 46th day prior to the date of the
786first primary. Within 30 days after the closing of qualifying
787time, the supervisor of elections shall remit to the secretary
788of the state executive committee of the political party to which
789the candidate belongs the amount of the filing fee, two-thirds
790of which shall be used to promote the candidacy of candidates
791for county offices and the candidacy of members of the
792Legislature.
793     (3)(a)  Each person seeking to qualify for election to
794office as a write-in candidate shall file his or her
795qualification papers with the respective qualifying officer at
796any time after noon of the 1st day for qualifying, but not later
797than noon of the last day of the qualifying period for the
798office sought.
799     (b)  Any person who is seeking election as a write-in
800candidate shall not be required to pay a filing fee, election
801assessment, or party assessment. A write-in candidate shall not
802be entitled to have his or her name printed on any ballot;
803however, space for the write-in candidate's name to be written
804in shall be provided on the general election ballot.  No person
805may qualify as a write-in candidate if the person has also
806otherwise qualified for nomination or election to such office.
807     (4)  At the time of qualifying for office, each candidate
808for a constitutional office shall file a full and public
809disclosure of financial interests pursuant to s. 8, Art. II of
810the State Constitution, and a candidate for any other office,
811including local elective office, shall file a statement of
812financial interests pursuant to s. 112.3145.
813     (5)  The Department of State shall certify to the
814supervisor of elections, within 7 days after the closing date
815for qualifying, the names of all duly qualified candidates for
816nomination or election who have qualified with the Department of
817State.
818     (6)  Notwithstanding the qualifying period prescribed in
819this section, if a candidate has submitted the necessary
820petitions by the required deadline in order to qualify by the
821petition process pursuant to s. 99.095 alternative method as a
822candidate for nomination or election and the candidate is
823notified after the 5th day prior to the last day for qualifying
824that the required number of signatures has been obtained, the
825candidate is entitled to subscribe to the candidate's oath and
826file the qualifying papers at any time within 5 days from the
827date the candidate is notified that the necessary number of
828signatures has been obtained.  Any candidate who qualifies
829within the time prescribed in this subsection is entitled to
830have his or her name printed on the ballot.
831     (7)(a)  In order for a candidate to be qualified, the
832following items must be received by the filing officer by the
833end of the qualifying period:
834     1.  A properly executed check drawn upon the candidate's
835campaign account in an amount not less than the fee required by
836s. 99.092 or, in lieu thereof, as applicable, the copy of the
837notice of obtaining ballot position pursuant to s. 99.095 or the
838undue burden oath authorized pursuant to s. 99.0955 or s.
83999.096.  If a candidate's check is returned by the bank for any
840reason, the filing officer shall immediately notify the
841candidate and the candidate shall, the end of qualifying
842notwithstanding, have 48 hours from the time such notification
843is received, excluding Saturdays, Sundays, and legal holidays,
844to pay the fee with a cashier's check purchased from funds of
845the campaign account. Failure to pay the fee as provided in this
846subparagraph shall disqualify the candidate.
847     2.  The candidate's oath required by s. 99.021, which must
848contain the name of the candidate as it is to appear on the
849ballot; the office sought, including the district or group
850number if applicable; and the signature of the candidate, duly
851acknowledged.
852     3.  The loyalty oath required by s. 876.05, signed by the
853candidate and duly acknowledged.
854     4.  If the office sought is partisan, the written statement
855of political party affiliation required by s. 99.021(1)(b).
856     5.  The completed form for the appointment of campaign
857treasurer and designation of campaign depository, as required by
858s. 106.021.
859     6.  The full and public disclosure or statement of
860financial interests required by subsection (4). A public officer
861who has filed the full and public disclosure or statement of
862financial interests with the Commission on Ethics or the
863supervisor of elections prior to qualifying for office may file
864a copy of that disclosure at the time of qualifying.
865     (b)  If the filing officer receives qualifying papers that
866do not include all items as required by paragraph (a) prior to
867the last day of qualifying, the filing officer shall make a
868reasonable effort to notify the candidate of the missing or
869incomplete items and shall inform the candidate that all
870required items must be received by the close of qualifying.  A
871candidate's name as it is to appear on the ballot may not be
872changed after the end of qualifying.
873     (8)  Notwithstanding the qualifying period prescribed in
874this section, a qualifying office may accept and hold qualifying
875papers submitted not earlier than 14 days prior to the beginning
876of the qualifying period, to be processed and filed during the
877qualifying period.
878     (9)(8)  Notwithstanding the qualifying period prescribed by
879this section, in each year in which the Legislature apportions
880the state, the qualifying period for persons seeking to qualify
881for nomination or election to federal office shall be between
882noon of the 57th day prior to the first primary, but not later
883than noon of the 53rd day prior to the first primary.
884     (10)(9)  The Department of State may prescribe by rule
885requirements for filing papers to qualify as a candidate under
886this section.
887     Section 12.  Section 99.063, Florida Statutes, is amended
888to read:
889     99.063  Candidates for Governor and Lieutenant Governor.--
890     (1)  No later than 5 p.m. of the 9th day following the
891second primary election, each candidate for Governor shall
892designate a Lieutenant Governor as a running mate.  Such
893designation must be made in writing to the Department of State.
894     (2)  No later than 5 p.m. of the 9th day following the
895second primary election, each designated candidate for
896Lieutenant Governor shall file with the Department of State:
897     (a)  The candidate's oath required by s. 99.021, which must
898contain the name of the candidate as it is to appear on the
899ballot; the office sought; and the signature of the candidate,
900duly acknowledged.
901     (b)  The loyalty oath required by s. 876.05, signed by the
902candidate and duly acknowledged.
903     (c)  If the office sought is partisan, the written
904statement of political party affiliation required by s.
90599.021(1)(b).
906     (d)  The full and public disclosure of financial interests
907pursuant to s. 8, Art. II of the State Constitution. A public
908officer who has filed the full and public disclosure with the
909Commission on Ethics prior to qualifying for office may file a
910copy of that disclosure at the time of qualifying.
911     (3)  A designated candidate for Lieutenant Governor is not
912required to pay a separate qualifying fee or obtain signatures
913on petitions. Ballot position obtained by the candidate for
914Governor entitles the designated candidate for Lieutenant
915Governor, upon receipt by the Department of State of the
916qualifying papers required by subsection (2), to have his or her
917name placed on the ballot for the joint candidacy.
918     (4)  In order to have the name of the candidate for
919Lieutenant Governor printed on the first or second primary
920election ballot, a candidate for Governor participating in the
921primary must designate the candidate for Lieutenant Governor,
922and the designated candidate must qualify no later than the end
923of the qualifying period specified in s. 99.061.  If the
924candidate for Lieutenant Governor has not been designated and
925has not qualified by the end of the qualifying period specified
926in s. 99.061, the phrase "Not Yet Designated" must be included
927in lieu of the candidate's name on primary election ballots and
928on advance absentee ballots for the general election.
929     (5)  Failure of the Lieutenant Governor candidate to be
930designated and qualified by the time specified in subsection (2)
931shall result in forfeiture of ballot position for the candidate
932for Governor for the general election.
933     Section 13.  Section 99.092, Florida Statutes, is amended
934to read:
935     99.092  Qualifying fee of candidate; notification of
936Department of State.--
937     (1)  Each person seeking to qualify for nomination or
938election to any office, except a person seeking to qualify by
939the petition process alternative method pursuant to s. 99.095,
940s. 99.0955, or s. 99.096 and except a person seeking to qualify
941as a write-in candidate, shall pay a qualifying fee, which shall
942consist of a filing fee and election assessment, to the officer
943with whom the person qualifies, and any party assessment levied,
944and shall attach the original or signed duplicate of the receipt
945for his or her party assessment or pay the same, in accordance
946with the provisions of s. 103.121, at the time of filing his or
947her other qualifying papers.  The amount of the filing fee is 3
948percent of the annual salary of the office.  The amount of the
949election assessment is 1 percent of the annual salary of the
950office sought.  The election assessment shall be deposited into
951the Elections Commission Trust Fund.  The amount of the party
952assessment is 2 percent of the annual salary. The annual salary
953of the office for purposes of computing the filing fee, election
954assessment, and party assessment shall be computed by
955multiplying 12 times the monthly salary, excluding any special
956qualification pay, authorized for such office as of July 1
957immediately preceding the first day of qualifying.  No
958qualifying fee shall be returned to the candidate unless the
959candidate withdraws his or her candidacy before the last date to
960qualify.  If a candidate dies prior to an election and has not
961withdrawn his or her candidacy before the last date to qualify,
962the candidate's qualifying fee shall be returned to his or her
963designated beneficiary, and, if the filing fee or any portion
964thereof has been transferred to the political party of the
965candidate, the Secretary of State shall direct the party to
966return that portion to the designated beneficiary of the
967candidate.
968     (2)  The supervisor of elections shall, immediately after
969the last day for qualifying, submit to the Department of State a
970list containing the names, party affiliations, and addresses of
971all candidates and the offices for which they qualified.
972     Section 14.  Section 99.095, Florida Statutes, is amended
973to read:
974     (Substantial rewording of section. See
975     s. 99.095, F.S., for present text.)
976     99.095  Petition process in lieu of a qualifying fee and
977party assessment.--
978     (1)  A person who seeks to qualify as a candidate for any
979office and who meets the petition requirements of this section
980is not required to pay the qualifying fee or party assessment
981required by this chapter.
982     (2)(a)  A candidate shall obtain the number of signatures
983of voters in the geographical area represented by the office
984sought equal to at least 1 percent of the total number of
985registered voters of that geographical area, as shown by the
986compilation by the department for the last preceding general
987election. Signatures may not be obtained until the candidate has
988filed the appointment of campaign treasurer and designation of
989campaign depository pursuant to s. 106.021.
990     (b)  The format of the petition shall be prescribed by the
991division and shall be used by candidates to reproduce petitions
992for circulation. If the candidate is running for an office that
993requires a group or district designation, the petition must
994indicate that designation and if it does not, the signatures are
995not valid. A separate petition is required for each candidate.
996     (3)  Each petition must be submitted before noon of the
99728th day preceding the first day of the qualifying period for
998the office sought to the supervisor of elections of the county
999in which such petition was circulated. Each supervisor shall
1000check the signatures on the petitions to verify their status as
1001voters in the county, district, or other geographical area
1002represented by the office sought. No later than the 7th day
1003before the first day of the qualifying period, the supervisor
1004shall certify the number of valid signatures.
1005     (4)(a)  Certifications for candidates for federal, state,
1006or multicounty district office shall be submitted to the
1007division. The division shall determine whether the required
1008number of signatures has been obtained and shall notify the
1009candidate.
1010     (b)  For candidates for county or district office not
1011covered by paragraph (a), the supervisor shall determine whether
1012the required number of signatures has been obtained and shall
1013notify the candidate.
1014     (5)  If the required number of signatures has been
1015obtained, the candidate is eligible to qualify pursuant to s.
101699.061.
1017     Section 15.  Section 99.0955, Florida Statutes, is amended
1018to read:
1019     99.0955  Candidates with no party affiliation; name on
1020general election ballot.--
1021     (1)  Each person seeking to qualify for election as a
1022candidate with no party affiliation shall file his or her
1023qualifying qualification papers and pay the qualifying fee or
1024qualify by the petition process pursuant to s. 99.095
1025alternative method prescribed in subsection (3) with the officer
1026and during the times and under the circumstances prescribed in
1027s. 99.061. Upon qualifying, the candidate is entitled to have
1028his or her name placed on the general election ballot.
1029     (2)  The qualifying fee for candidates with no party
1030affiliation shall consist of a filing fee and an election
1031assessment as prescribed in s. 99.092. The amount of the filing
1032fee is 3 percent of the annual salary of the office sought.  The
1033amount of the election assessment is 1 percent of the annual
1034salary of the office sought.  The election assessment shall be
1035deposited into the Elections Commission Trust Fund. Filing fees
1036paid to the Department of State shall be deposited into the
1037General Revenue Fund of the state.  Filing fees paid to the
1038supervisor of elections shall be deposited into the general
1039revenue fund of the county.
1040     (3)(a)  A candidate with no party affiliation may, in lieu
1041of paying the qualifying fee, qualify for office by the
1042alternative method prescribed in this subsection.  A candidate
1043using this petitioning process shall file an oath with the
1044officer before whom the candidate would qualify for the office
1045stating that he or she intends to qualify by this alternative
1046method.  If the person is running for an office that requires a
1047group or district designation, the candidate must indicate the
1048designation in his or her oath.  The oath shall be filed at any
1049time after the first Tuesday after the first Monday in January
1050of the year in which the election is held, but before the 21st
1051day preceding the first day of the qualifying period for the
1052office sought.  The Department of State shall prescribe the form
1053to be used in administering and filing the oath.  Signatures may
1054not be obtained by a candidate on any petition until the
1055candidate has filed the oath required in this subsection. Upon
1056receipt of the written oath from a candidate, the qualifying
1057officer shall provide the candidate with petition forms in
1058sufficient numbers to facilitate the gathering of signatures.
1059If the candidate is running for an office that requires a group
1060or district designation, the petition must indicate that
1061designation or the signatures obtained on the petition will not
1062be counted.
1063     (b)  A candidate shall obtain the signatures of a number of
1064qualified electors in the geographical entity represented by the
1065office sought equal to 1 percent of the registered electors of
1066the geographical entity represented by the office sought, as
1067shown by the compilation by the Department of State for the
1068preceding general election.
1069     (c)  Each petition must be submitted before noon of the
107021st day preceding the first day of the qualifying period for
1071the office sought, to the supervisor of elections of the county
1072for which such petition was circulated. Each supervisor to whom
1073a petition is submitted shall check the signatures on the
1074petition to verify their status as electors in the county,
1075district, or other geographical entity represented by the office
1076sought.  Before the first day for qualifying, the supervisor
1077shall certify the number shown as registered electors.
1078     (d)1.  Certifications for candidates for federal, state, or
1079multicounty district office shall be submitted to the Department
1080of State. The Department of State shall determine whether the
1081required number of signatures has been obtained for the name of
1082the candidate to be placed on the ballot and shall notify the
1083candidate.
1084     2.  For candidates for county or district office not
1085covered by subparagraph 1., the supervisor of elections shall
1086determine whether the required number of signatures has been
1087obtained for the name of the candidate to be placed on the
1088ballot and shall notify the candidate.
1089     (e)  If the required number of signatures has been
1090obtained, the candidate shall, during the time prescribed for
1091qualifying for office, submit a copy of the notice received
1092under paragraph (d) and file his or her qualifying papers and
1093the oath prescribed by s. 99.021 with the qualifying officer.
1094     Section 16.  Section 99.096, Florida Statutes, is amended
1095to read:
1096     99.096  Minor political party candidates; names on ballot.-
1097-
1098     (1)  The executive committee of a minor political party
1099shall, No later than noon of the third day prior to the first
1100day of the qualifying period prescribed for federal candidates,
1101the executive committee of a minor political party shall submit
1102to the Department of State a list of federal candidates
1103nominated by the party to be on the general election ballot. and
1104No later than noon of the third day prior to the first day of
1105the qualifying period for state candidates, the executive
1106committee of a minor political party shall submit to the filing
1107officer for each of the candidates submit to the Department of
1108State the official list of the state, multicounty, and county
1109respective candidates nominated by that party to be on the
1110ballot in the general election. The Department of State shall
1111notify the appropriate supervisors of elections of the name of
1112each minor party candidate eligible to qualify before such
1113supervisor. The official list of nominated candidates may not be
1114changed by the party after having been filed with the filing
1115officers Department of State, except that candidates who have
1116qualified may withdraw from the ballot pursuant to the
1117provisions of this code, and vacancies in nominations may be
1118filled pursuant to s. 100.111.
1119     (2)  Each person seeking to qualify for election as a
1120candidate of a minor political party shall file his or her
1121qualifying qualification papers with, and pay the qualifying fee
1122and, if one has been levied, the party assessment, or qualify by
1123the petition process pursuant to s. 99.095 alternative method
1124prescribed in subsection (3), with the officer and at the times
1125and under the circumstances provided in s. 99.061.
1126     (3)(a)  A minor party candidate may, in lieu of paying the
1127qualifying fee and party assessment, qualify for office by the
1128alternative method prescribed in this subsection.  A candidate
1129using this petitioning process shall file an oath with the
1130officer before whom the candidate would qualify for the office
1131stating that he or she intends to qualify by this alternative
1132method.  If the person is running for an office that requires a
1133group or district designation, the candidate must indicate the
1134designation in his or her oath.  The oath must be filed at any
1135time after the first Tuesday after the first Monday in January
1136of the year in which the election is held, but before the 21st
1137day preceding the first day of the qualifying period for the
1138office sought.  The Department of State shall prescribe the form
1139to be used in administering and filing the oath.  Signatures may
1140not be obtained by a candidate on any petition until the
1141candidate has filed the oath required in this section.  Upon
1142receipt of the written oath from a candidate, the qualifying
1143officer shall provide the candidate with petition forms in
1144sufficient numbers to facilitate the gathering of signatures.
1145If the candidate is running for an office that requires a group
1146or district designation, the petition must indicate that
1147designation or the signatures on such petition will not be
1148counted.
1149     (b)  A candidate shall obtain the signatures of a number of
1150qualified electors in the geographical entity represented by the
1151office sought equal to 1 percent of the registered electors in
1152the geographical entity represented by the office sought, as
1153shown by the compilation by the Department of State for the last
1154preceding general election.
1155     (c)  Each petition shall be submitted prior to noon of the
115621st day preceding the first day of the qualifying period for
1157the office sought to the supervisor of elections of the county
1158for which the petition was circulated. Each supervisor to whom a
1159petition is submitted shall check the signatures on the petition
1160to verify their status as electors in the county, district, or
1161other geographical entity represented by the office sought.
1162Before the first day for qualifying, the supervisor shall
1163certify the number shown as registered electors.
1164     (d)1.  Certifications for candidates for federal, state, or
1165multicounty district office shall be submitted to the Department
1166of State. The Department of State shall determine whether the
1167required number of signatures has been obtained for the name of
1168the candidate to be placed on the ballot and shall notify the
1169candidate.
1170     2.  For candidates for county or district office not
1171covered by subparagraph 1., the supervisor of elections shall
1172determine whether the required number of signatures has been
1173obtained for the name of the candidate to be placed on the
1174ballot and shall notify the candidate.
1175     (e)  If the required number of signatures has been
1176obtained, the candidate shall, during the prescribed time for
1177qualifying for office, submit a copy of the notice received
1178under paragraph (d) and file his or her qualifying papers and
1179the oath prescribed by s. 99.021 with the qualifying officer.
1180     (4)  A minor party candidate whose name has been submitted
1181pursuant to subsection (1) and who has qualified for office is
1182entitled to have his or her name placed on the general election
1183ballot.
1184     Section 17.  Subsection (1) of section 99.09651, Florida
1185Statutes, is amended to read:
1186     99.09651  Signature requirements for ballot position in
1187year of apportionment.--
1188     (1)  In a year of apportionment, any candidate for
1189representative to Congress, state Senate, or state House of
1190Representatives seeking ballot position by the petition process
1191alternative method prescribed in s. 99.095, s. 99.0955, or s.
119299.096 shall obtain at least the number of signatures equal to
1193one-third of 1 percent of the ideal population for the district
1194of the office being sought.
1195     Section 18.  Subsection (1) of section 100.011, Florida
1196Statutes, is amended to read:
1197     100.011  Opening and closing of polls, all elections;
1198expenses.--
1199     (1)  The polls shall be open at the voting places at 7:00
1200a.m., on the day of the election, and shall be kept open until
12017:00 p.m., of the same day, and the time shall be regulated by
1202the customary time in standard use in the county seat of the
1203locality.  The inspectors shall make public proclamation of the
1204opening and closing of the polls.  During the election and
1205canvass of the votes, the ballot box shall not be concealed. Any
1206elector who is in line at the time of the official closing of
1207the polls shall be allowed to cast a vote in the election.
1208     Section 19.  Section 100.101, Florida Statutes, is amended
1209to read:
1210     100.101  Special elections and special primary elections.--
1211Except as provided in s. 100.111(2), a special election or
1212special primary election shall be held in the following cases:
1213     (1)  If no person has been elected at a general election to
1214fill an office which was required to be filled by election at
1215such general election.
1216     (2)  If a vacancy occurs in the office of state senator or
1217member of the state house of representatives.
1218     (3)  If it is necessary to elect presidential electors, by
1219reason of the offices of President and Vice President both
1220having become vacant.
1221     (4)  If a vacancy occurs in the office of member from
1222Florida of the House of Representatives of Congress.
1223     (5)  If a vacancy occurs in nomination.
1224     Section 20.  Section 100.111, Florida Statutes, is amended
1225to read:
1226     100.111  Filling vacancy.--
1227     (1)(a)  If any vacancy occurs in any office which is
1228required to be filled pursuant to s. 1(f), Art. IV of the State
1229Constitution and the remainder of the term of such office is 28
1230months or longer, then at the next general election a person
1231shall be elected to fill the unexpired portion of such term,
1232commencing on the first Tuesday after the first Monday following
1233such general election.
1234     (b)  If such a vacancy occurs prior to the first day set by
1235law for qualifying for election to office at such general
1236election, any person seeking nomination or election to the
1237unexpired portion of the term shall qualify within the time
1238prescribed by law for qualifying for other offices to be filled
1239by election at such general election.
1240     (c)  If such a vacancy occurs prior to the first primary
1241but on or after the first day set by law for qualifying, the
1242Secretary of State shall set dates for qualifying for the
1243unexpired portion of the term of such office. Any person seeking
1244nomination or election to the unexpired portion of the term
1245shall qualify within the time set by the Secretary of State.  If
1246time does not permit party nominations to be made in conjunction
1247with the first and second primary elections, the Governor may
1248call a special primary election, and, if necessary, a second
1249special primary election, to select party nominees for the
1250unexpired portion of such term.
1251     (2)(a)  If, in any state or county office required to be
1252filled by election, a vacancy occurs during an election year by
1253reason of the incumbent having qualified as a candidate for
1254federal office pursuant to s. 99.061, no special election is
1255required. Any person seeking nomination or election to the
1256office so vacated shall qualify within the time prescribed by s.
125799.061 for qualifying for state or county offices to be filled
1258by election.
1259     (b)  If such a vacancy occurs in an election year other
1260than the one immediately preceding expiration of the present
1261term, the Secretary of State shall notify the supervisor of
1262elections in each county served by the office that a vacancy has
1263been created. Such notice shall be provided to the supervisor of
1264elections not later than the close of the first day set for
1265qualifying for state or county office.  The supervisor shall
1266provide public notice of the vacancy in any manner the Secretary
1267of State deems appropriate.
1268     (3)  Whenever there is a vacancy for which a special
1269election is required pursuant to s. 100.101 s. 100.101(1)-(4),
1270the Governor, after consultation with the Secretary of State,
1271shall fix the date of a special first primary election, a
1272special second primary election, and a special election.  
1273Nominees of political parties other than minor political parties
1274shall be chosen under the primary laws of this state in the
1275special primary elections to become candidates in the special
1276election.  Prior to setting the special election dates, the
1277Governor shall consider any upcoming elections in the
1278jurisdiction where the special election will be held.  The dates
1279fixed by the Governor shall be specific days certain and shall
1280not be established by the happening of a condition or stated in
1281the alternative.  The dates fixed shall provide a minimum of 2
1282weeks between each election.  In the event a vacancy occurs in
1283the office of state senator or member of the House of
1284Representatives when the Legislature is in regular legislative
1285session, the minimum times prescribed by this subsection may be
1286waived upon concurrence of the Governor, the Speaker of the
1287House of Representatives, and the President of the Senate.  If a
1288vacancy occurs in the office of state senator and no session of
1289the Legislature is scheduled to be held prior to the next
1290general election, the Governor may fix the dates for any special
1291primary and for the special election to coincide with the dates
1292of the first and second primary and general election.  If a
1293vacancy in office occurs in any district in the state Senate or
1294House of Representatives or in any congressional district, and
1295no session of the Legislature, or session of Congress if the
1296vacancy is in a congressional district, is scheduled to be held
1297during the unexpired portion of the term, the Governor is not
1298required to call a special election to fill such vacancy.
1299     (a)  The dates for candidates to qualify in such special
1300election or special primary election shall be fixed by the
1301Department of State, and candidates shall qualify not later than
1302noon of the last day so fixed.  The dates fixed for qualifying
1303shall allow a minimum of 14 days between the last day of
1304qualifying and the special first primary election.
1305     (b)  The filing of campaign expense statements by
1306candidates in such special elections or special primaries and by
1307committees making contributions or expenditures to influence the
1308results of such special primaries or special elections shall be
1309not later than such dates as shall be fixed by the Department of
1310State, and in fixing such dates the Department of State shall
1311take into consideration and be governed by the practical time
1312limitations.
1313     (c)  The dates for a candidate to qualify by the petition
1314process pursuant to s. 99.095 alternative method in such special
1315primary or special election shall be fixed by the Department of
1316State.  In fixing such dates the Department of State shall take
1317into consideration and be governed by the practical time
1318limitations. Any candidate seeking to qualify by the petition
1319process alternative method in a special primary election shall
1320obtain 25 percent of the signatures required by s. 99.095, s.
132199.0955, or s. 99.096, as applicable.
1322     (d)  The qualifying fees and party assessments of such
1323candidates as may qualify shall be the same as collected for the
1324same office at the last previous primary for that office.  The
1325party assessment shall be paid to the appropriate executive
1326committee of the political party to which the candidate belongs.
1327     (e)  Each county canvassing board shall make as speedy a
1328return of the result of such special elections and primaries as
1329time will permit, and the Elections Canvassing Commission
1330likewise shall make as speedy a canvass and declaration of the
1331nominees as time will permit.
1332     (4)(a)  In the event that death, resignation, withdrawal,
1333removal, or any other cause or event should cause a party to
1334have a vacancy in nomination which leaves no candidate for an
1335office from such party, the Governor shall, after conferring
1336with the Secretary of State, call a special primary election
1337and, if necessary, a second special primary election to select
1338for such office a nominee of such political party.  The dates on
1339which candidates may qualify for such special primary election
1340shall be fixed by the Department of State, and the candidates
1341shall qualify no later than noon of the last day so fixed. The
1342filing of campaign expense statements by candidates in special
1343primaries shall not be later than such dates as shall be fixed
1344by the Department of State. In fixing such dates, the Department
1345of State shall take into consideration and be governed by the
1346practical time limitations. The qualifying fees and party
1347assessment of such candidates as may qualify shall be the same
1348as collected for the same office at the last previous primary
1349for that office. Each county canvassing board shall make as
1350speedy a return of the results of such primaries as time will
1351permit, and the Elections Canvassing Commission shall likewise
1352make as speedy a canvass and declaration of the nominees as time
1353will permit.
1354     (b)  If the vacancy in nomination occurs later than
1355September 15, or if the vacancy in nomination occurs with
1356respect to a candidate of a minor political party which has
1357obtained a position on the ballot, no special primary election
1358shall be held and the Department of State shall notify the chair
1359of the appropriate state, district, or county political party
1360executive committee of such party; and, within 5 7 days, the
1361chair shall call a meeting of his or her executive committee to
1362consider designation of a nominee to fill the vacancy. The name
1363of any person so designated shall be submitted to the Department
1364of State within 7 14 days after of notice to the chair in order
1365that the person designated may have his or her name printed or
1366otherwise placed on the ballot of the ensuing general election,
1367but in no event shall the supervisor of elections be required to
1368place on a ballot a name submitted less than 21 days prior to
1369the election. If the name of the new nominee is submitted after
1370the certification of results of the preceding primary election,
1371however, the ballots shall not be changed and vacancy occurs
1372less than 21 days prior to the election, the person designated
1373by the political party will replace the former party nominee
1374even though the former party nominee's name will appear be on
1375the ballot. Any ballots cast for the former party nominee will
1376be counted for the person designated by the political party to
1377replace the former party nominee. If there is no opposition to
1378the party nominee, the person designated by the political party
1379to replace the former party nominee will be elected to office at
1380the general election. For purposes of this paragraph, the term
1381"district political party executive committee" means the members
1382of the state executive committee of a political party from those
1383counties comprising the area involving a district office.
1384     (b)(c)  When, under the circumstances set forth in the
1385preceding paragraph, vacancies in nomination are required to be
1386filled by committee nominations, such vacancies shall be filled
1387by party rule. In any instance in which a nominee is selected by
1388a committee to fill a vacancy in nomination, such nominee shall
1389pay the same filing fee and take the same oath as the nominee
1390would have taken had he or she regularly qualified for election
1391to such office.
1392     (c)(d)  Any person who, at the close of qualifying as
1393prescribed in ss. 99.061 and 105.031, was qualified for
1394nomination or election to or retention in a public office to be
1395filled at the ensuing general election is prohibited from
1396qualifying as a candidate to fill a vacancy in nomination for
1397any other office to be filled at that general election, even if
1398such person has withdrawn or been eliminated as a candidate for
1399the original office sought. However, this paragraph does not
1400apply to a candidate for the office of Lieutenant Governor who
1401applies to fill a vacancy in nomination for the office of
1402Governor on the same ticket or to a person who has withdrawn or
1403been eliminated as a candidate and who is subsequently
1404designated as a candidate for Lieutenant Governor under s.
140599.063.
1406     (5)  In the event of unforeseeable circumstances not
1407contemplated in these general election laws concerning the
1408calling and holding of special primary elections and special
1409elections resulting from court order or other unpredictable
1410circumstances, the Department of State shall have the authority
1411to provide for the conduct of orderly elections.
1412     (6)  In the event that a vacancy occurs which leaves less
1413than 4 weeks for a candidate seeking to qualify by the
1414alternative method to gather signatures for ballot position, the
1415number of signatures required for ballot placement shall be 25
1416percent of the number of signatures required by s. 99.095, s.
141799.0955, or s. 99.096, whichever is applicable.
1418     Section 21.  Section 100.141, Florida Statutes, is amended
1419to read:
1420     100.141  Notice of special election to fill any vacancy in
1421office or nomination.--
1422     (1)  Whenever a special election is required to fill any
1423vacancy in office or nomination, the Governor, after
1424consultation with the Secretary of State, shall issue an order
1425declaring on what day the election shall be held and deliver the
1426order to the Department of State.
1427     (2)  The Department of State shall prepare a notice stating
1428what offices and vacancies are to be filled in the special
1429election, the date set for each special primary election and the
1430special election, the dates fixed for qualifying for office, the
1431dates fixed for qualifying by the petition process pursuant to
1432s. 99.095 alternative method, and the dates fixed for filing
1433campaign expense statements.
1434     (3)  The department shall deliver a copy of such notice to
1435the supervisor of elections of each county in which the special
1436election is to be held.  The supervisor shall have the notice
1437published two times in a newspaper of general circulation in the
1438county at least 10 days prior to the first day set for
1439qualifying for office.  If such a newspaper is not published
1440within the period set forth, the supervisor shall post at least
1441five copies of the notice in conspicuous places in the county
1442not less than 10 days prior to the first date set for
1443qualifying.
1444     Section 22.  Subsection (2) of section 101.031, Florida
1445Statutes, is amended to read:
1446     101.031  Instructions for electors.--
1447     (2)  The supervisor of elections in each county shall have
1448posted at each polling place in the county the Voter's Bill of
1449Rights and Responsibilities in the following form:  
1450
1451
VOTER'S BILL OF RIGHTS
1452
1453     Each registered voter in this state has the right to:
1454     1.  Vote and have his or her vote accurately counted.
1455     2.  Cast a vote if he or she is in line at the official
1456closing of the polls in that county.
1457     3.  Ask for and receive assistance in voting.
1458     4.  Receive up to two replacement ballots if he or she
1459makes a mistake prior to the ballot being cast.
1460     5.  An explanation if his or her registration or identity
1461is in question.
1462     6.  If his or her registration or identity is in question,
1463cast a provisional ballot.
1464     7.  Prove his or her identity by signing an affidavit if
1465election officials doubt the voter's identity.
1466     7.8.  Written instructions to use when voting, and, upon
1467request, oral instructions in voting from elections officers.
1468     8.9.  Vote free from coercion or intimidation by elections
1469officers or any other person.
1470     9.10.  Vote on a voting system that is in working condition
1471and that will allow votes to be accurately cast.  
1472
1473
VOTER RESPONSIBILITIES
1474
1475     Each registered voter in this state should:
1476     1.  Familiarize himself or herself with the candidates and
1477issues.
1478     2.  Maintain with the office of the supervisor of elections
1479a current address.
1480     3.  Know the location of his or her polling place and its
1481hours of operation.
1482     4.  Bring proper identification to the polling station.
1483     5.  Familiarize himself or herself with the operation of
1484the voting equipment in his or her precinct.
1485     6.  Treat precinct workers with courtesy.
1486     7.  Respect the privacy of other voters.
1487     8.  Report any problems or violations of election laws to
1488the supervisor of elections.
1489     9.  Ask questions, if needed.
1490     10.  Make sure that his or her completed ballot is correct
1491before leaving the polling station.
1492
1493NOTE TO VOTER: Failure to perform any of these responsibilities
1494does not prohibit a voter from voting.
1495     Section 23.  Section 101.043, Florida Statutes, is amended
1496to read:
1497     101.043  Identification required at polls.--
1498     (1)  The precinct register, as prescribed in s. 98.461,
1499shall be used at the polls in lieu of the registration books for
1500the purpose of identifying the elector at the polls prior to
1501allowing him or her to vote. The clerk or inspector shall
1502require each elector, upon entering the polling place, to
1503present a current and valid picture identification as provided
1504in s. 97.0535(3)(a). If the picture identification does not
1505contain the signature of the voter, an additional identification
1506that provides the voter's signature shall be required. The
1507elector shall sign his or her name in the space provided, and
1508the clerk or inspector shall compare the signature with that on
1509the identification provided by the elector and enter his or her
1510initials in the space provided and allow the elector to vote if
1511the clerk or inspector is satisfied as to the identity of the
1512elector.
1513     (2)  Except as provided in subsection (3), if the elector
1514fails to furnish the required identification, or if the clerk or
1515inspector is in doubt as to the identity of the elector, such
1516clerk or inspector shall follow the procedure prescribed in s.
1517101.49.
1518     (2)(3)  If the elector who fails to furnish the required
1519identification is a first-time voter who registered by mail and
1520has not provided the required identification to the supervisor
1521of elections prior to election day, the elector shall be allowed
1522to vote a provisional ballot. The canvassing board shall
1523determine the validity of the ballot pursuant to s. 101.048(2).
1524     Section 24.  Section 101.048, Florida Statutes, is amended
1525to read:
1526     101.048  Provisional ballots.--
1527     (1)  At all elections, a voter claiming to be properly
1528registered in the county and eligible to vote at the precinct in
1529the election, but whose eligibility cannot be determined, a
1530person whom an election official asserts is not eligible, and
1531other persons specified in the code shall be entitled to vote a
1532provisional ballot. Once voted, the provisional ballot shall be
1533placed in a secrecy envelope and thereafter sealed in a
1534provisional ballot envelope. The provisional ballot shall be
1535deposited in a ballot box. All provisional ballots shall remain
1536sealed in their envelopes for return to the supervisor of
1537elections. The department shall prescribe the form of the
1538provisional ballot envelope. A person casting a provisional
1539ballot shall have the right to present written evidence
1540supporting his or her eligibility to vote to the supervisor of
1541elections by not later that 5 p.m. on the third day following
1542the election.
1543     (2)(a)  The county canvassing board shall examine each
1544Provisional Ballot Voter's Certificate and Affirmation envelope
1545to determine if the person voting that ballot was entitled to
1546vote at the precinct where the person cast a vote in the
1547election and that the person had not already cast a ballot in
1548the election. In determining whether a person casting a
1549provisional ballot is entitled to vote, the county canvassing
1550board shall review the information provided in the Voter's
1551Certificate and Affirmation, written evidence provided by the
1552person pursuant to subsection (1), any other evidence presented
1553by the supervisor of elections, and, in the case of a challenge,
1554any evidence presented by the challenger. A ballot of a person
1555casting a provisional ballot shall be counted unless the
1556canvassing board determines by a preponderance of the evidence
1557that the person was not entitled to vote.
1558     (b)1.  If it is determined that the person was registered
1559and entitled to vote at the precinct where the person cast a
1560vote in the election, the canvassing board shall compare the
1561signature on the Provisional Ballot Voter's Certificate and
1562Affirmation envelope with the signature on the voter's
1563registration and, if it matches, shall count the ballot.
1564     2.  If it is determined that the person voting the
1565provisional ballot was not registered or entitled to vote at the
1566precinct where the person cast a vote in the election, the
1567provisional ballot shall not be counted and the ballot shall
1568remain in the envelope containing the Provisional Ballot Voter's
1569Certificate and Affirmation and the envelope shall be marked
1570"Rejected as Illegal."
1571     (3)  The Provisional Ballot Voter's Certificate and
1572Affirmation shall be in substantially the following form:  
1573
1574STATE OF FLORIDA  
1575COUNTY OF ....
1576
1577     I do solemnly swear (or affirm) that my name is ....; that
1578my date of birth is ....; that I am registered and qualified to
1579vote and at the time I registered I resided at ...., in the
1580municipality of ...., in .... County, Florida; that I am
1581registered in the .... Party; that I am a qualified voter of the
1582county; and that I have not voted in this election.  I
1583understand that if I commit any fraud in connection with voting,
1584vote a fraudulent ballot, or vote more than once in an election,
1585I can be convicted of a felony of the third degree and fined up
1586to $5,000 and/or imprisoned for up to 5 years.  
1587...(Signature of Voter)...
1588...(Current Residence Address)...
1589...(Current Mailing Address)...
1590...(City, State, Zip Code)...
1591...(Driver's License Number or Last Four Digits of Social
1592Security Number)...
1593
1594Sworn to and subscribed before me this .... day of ........,
1595...(year)....  
1596...(Election Official)...  
1597
1598Precinct # ....                 Ballot Style/Party Issued: ....
1599
1600     (4)  Notwithstanding the requirements of subsections (1),
1601(2), and (3) In counties where the voting system does not
1602utilize a paper ballot, the supervisor of elections may, and for
1603persons with disabilities shall, provide the appropriate
1604provisional ballot to the voter by electronic means that meet
1605the requirements of s. 101.56062, as provided for by the
1606certified voting system. Each person casting a provisional
1607ballot by electronic means shall, prior to casting his or her
1608ballot, complete the Provisional Ballot Voter's Certificate and
1609Affirmation as provided in subsection (3).
1610     (5)  Each person casting a provisional ballot shall be
1611given written instructions regarding the person's right to
1612provide the supervisor of elections with written evidence of his
1613or her eligibility to vote and regarding the free access system
1614established pursuant to subsection (6). The instructions shall
1615contain information on how to access the system and the
1616information the voter will need to provide to obtain information
1617on his or her particular ballot. The instructions shall also
1618include the following statement: "If this is a primary election,
1619you should contact the supervisor of elections' office
1620immediately to confirm that you are registered and can vote in
1621the general election."
1622     (6)  Each supervisor of elections shall establish a free
1623access system that allows each person who casts a provisional
1624ballot to determine whether his or her provisional ballot was
1625counted in the final canvass of votes and, if not, the reasons
1626why. Information regarding provisional ballots shall be
1627available no later than 30 days following the election. The
1628system established must restrict information regarding an
1629individual ballot to the person who cast the ballot.
1630     Section 25.  Section 101.049, Florida Statutes, is amended
1631to read:
1632     101.049  Provisional ballots; special circumstances.--
1633     (1)  Any person who votes in an election after the regular
1634poll-closing time pursuant to a court or other order extending
1635the statutory polling hours must vote a provisional ballot. Once
1636voted, the provisional ballot shall be placed in a secrecy
1637envelope and thereafter sealed in a provisional ballot envelope.
1638The election official witnessing the voter's subscription and
1639affirmation on the Provisional Ballot Voter's Certificate shall
1640indicate whether or not the voter met all requirements to vote a
1641regular ballot at the polls. All such provisional ballots shall
1642remain sealed in their envelopes and be transmitted to the
1643supervisor of elections.
1644     (2)  Separate and apart from all other ballots, the county
1645canvassing board shall count all late-voted provisional ballots
1646that the canvassing board determines to be valid.
1647     (3)  The supervisor shall ensure that late-voted
1648provisional ballots are not commingled with other ballots during
1649the canvassing process or at any other time they are statutorily
1650required to be in the supervisor's possession.
1651     (4)  This section shall not apply to voters in line at the
1652poll-closing time provided in s. 100.011 who cast their ballots
1653subsequent to that time.
1654     (5)  As an alternative, provisional ballots cast pursuant
1655to this section may, and for persons with disabilities shall, be
1656cast in accordance with the provisions of s. 101.048(4).
1657     Section 26.  Effective July 1, 2005, section 101.051,
1658Florida Statutes, as amended by section 10 of chapter 2002-281,
1659Laws of Florida, is amended to read:
1660     101.051  Electors seeking assistance in casting ballots;
1661oath to be executed; forms to be furnished.--
1662     (1)  Any elector applying to vote in any election who
1663requires assistance to vote by reason of blindness, disability,
1664or inability to read or write may request the assistance of two
1665election officials or some other person of the elector's own
1666choice, other than the elector's employer, an agent of the
1667employer, or an officer or agent of his or her union, to assist
1668the elector in casting his or her vote. Any such elector, before
1669retiring to the voting booth, may have one of such persons read
1670over to him or her, without suggestion or interference, the
1671titles of the offices to be filled and the candidates therefor
1672and the issues on the ballot. After the elector requests the aid
1673of the two election officials or the person of the elector's
1674choice, they shall retire to the voting booth for the purpose of
1675casting the elector's vote according to the elector's choice.
1676     (2)  It is unlawful for any person to be in the voting
1677booth with any elector except as provided in subsection (1). A
1678person at a polling place or early voting site, or within 100
1679feet of the entrance of a polling place or early voting site,
1680may not solicit any elector in an effort to provide assistance
1681to vote pursuant to subsection (1). Any person who violates this
1682subsection commits a misdemeanor of the first degree, punishable
1683as provided in s. 775.082 or s. 775.083.
1684     (3)  Any elector applying to cast an absentee ballot in the
1685office of the supervisor, in any election, who requires
1686assistance to vote by reason of blindness, disability, or
1687inability to read or write may request the assistance of some
1688person of his or her own choice, other than the elector's
1689employer, an agent of the employer, or an officer or agent of
1690his or her union, in casting his or her absentee ballot.
1691     (4)  If an elector needs assistance in voting pursuant to
1692the provisions of this section, the clerk or one of the
1693inspectors shall require the elector requesting assistance in
1694voting to take the following oath:  
1695
1696
DECLARATION TO SECURE ASSISTANCE
1697
1698  State of Florida
1699  County of ....
1700  Date ....
1701  Precinct ....
1702     I, ...(Print name)..., swear or affirm that I am a
1703registered elector and request assistance from ...(Print
1704names)... in voting at the ...(name of election)... held on
1705...(date of election)....        ...(Signature of assistor)....
1706Sworn and subscribed to before me this .... day of ....,
1707...(year)....  
1708...(Signature of Official Administering Oath)...
1709     (5)  If an elector needing assistance requests that a
1710person other than an election official provide him or her with
1711assistance in voting, the clerk or one of the inspectors shall
1712require the person providing assistance to take the following
1713oath:
1714
1715
DECLARATION TO PROVIDE ASSISTANCE
1716
1717  State of Florida
1718  County of ....
1719  Date ....
1720  Precinct ....
1721     I, ...(Print name)..., have been requested by ...(print
1722name of elector needing assistance)... to provide him or her
1723with assistance to vote. I swear or affirm that I am not the
1724employer, an agent of the employer, or an officer or agent of
1725the union of the voter and that I have not solicited this voter
1726at the polling place or early voting site or within 100 feet of
1727such locations in an effort to provide assistance....(Signature
1728of assistor)...
1729Sworn and subscribed to before me this .... day of ....,
1730...(year)....
1731...(Signature of Official Administering Oath)...
1732     (6)(5)  The supervisor of elections shall deliver a
1733sufficient number of these forms to each precinct, along with
1734other election paraphernalia.
1735     Section 27.  Section 101.111, Florida Statutes, is amended
1736to read:
1737     101.111  Person desiring to vote may be challenged;
1738challenger to execute oath; oath of person challenged;
1739determination of challenge.--
1740     (1)  When the right to vote of any person who desires to
1741vote is challenged by any elector or poll watcher, the challenge
1742shall be reduced to writing with an oath as provided in this
1743section, giving reasons for the challenge, which shall be
1744delivered to the clerk or inspector. Any elector or poll watcher
1745challenging the right of a person to vote shall execute the oath
1746set forth below:  
1747
1748
OATH OF PERSON ENTERING CHALLENGE
1749
1750  State of Florida
1751  County of ....
1752
1753I do solemnly swear that my name is ...; that I am a member of
1754the .... party; that I am a registered voter or pollwatcher ....
1755years old; that my residence address is ...., in the
1756municipality of ....; and that I have reason to believe that
1757.... is attempting to vote illegally and the reasons for my
1758belief are set forth herein to wit:.............................
1759................................................................
1760................................................................
1761...(Signature of person challenging voter)...
1762
1763Sworn and subscribed to before me this .... day of ....,
1764...(year)....  
1765...(Clerk of election)...
1766
1767     (2)  Before a person who is challenged is permitted to
1768vote, the challenged person's right to vote shall be determined
1769in accordance with the provisions of subsection (3). The clerk
1770or inspector shall immediately deliver to the challenged person
1771a copy of the oath of the person entering the challenge and the
1772challenged voter shall be allowed to cast a provisional ballot.
1773shall request the challenged person to execute the following
1774oath:   
1775
1776
OATH OF PERSON CHALLENGED
1777
1778  State of Florida
1779  County of ....
1780
1781I do solemnly swear that my name is ....; that I am a member of
1782the .... party; that my date of birth is ....; that my residence
1783address is ...., in the municipality of ...., in this the ....
1784precinct of .... county; that I personally made application for
1785registration and signed my name and that I am a qualified voter
1786in this election.
1787...(Signature of person)...
1788
1789Sworn and subscribed to before me this .... day of ....,
1790...(year)....
1791...(Clerk of election or Inspector)...
1792
1793Any inspector or clerk of election may administer the oath.
1794     (3)  Any elector or poll watcher may challenge the right of
1795any voter to vote not sooner than 30 days before an election by
1796filing a completed copy of the oath contained in subsection (1)
1797to the supervisor of election's office. The challenged voter
1798shall be permitted to cast a provisional ballot.
1799     (4)  Any elector or poll watcher filing a frivolous
1800challenge of any person's right to vote commits a misdemeanor of
1801the first degree, punishable as provided in s. 775.082, s.
1802775.083, or s. 775.084; however, electors or poll watchers shall
1803not be subject to liability for any action taken in good faith
1804and in furtherance of any activity or duty permitted of such
1805electors or poll watchers by law. Each instance where any
1806elector or poll watcher files a frivolous challenge of any
1807person's right to vote constitutes a separate offense.
1808     (a)  The clerk and inspectors shall compare the information
1809in the challenged person's oath with that entered on the
1810precinct register and shall take any other evidence that may be
1811offered. The clerk and inspectors shall then decide by a
1812majority vote whether the challenged person may vote a regular
1813ballot.
1814     (b)  If the challenged person refuses to complete the oath
1815or if a majority of the clerk and inspectors doubt the
1816eligibility of the person to vote, the challenged person shall
1817be allowed to vote a provisional ballot. The oath of the person
1818entering the challenge and the oath of the person challenged
1819shall be attached to the provisional ballot for transmittal to
1820the canvassing board.
1821     Section 28.  Section 101.131, Florida Statutes, is amended
1822to read:
1823     101.131  Watchers at polls.--
1824     (1)  Each political party and each candidate may have one
1825watcher in each polling room or early voting area at any one
1826time during the election. A political committee formed for the
1827specific purpose of expressly advocating the passage or defeat
1828of an issue on the ballot may have one watcher for each polling
1829room or early voting area at any one time during the election.
1830No watcher shall be permitted to come closer to the officials'
1831table or the voting booths than is reasonably necessary to
1832properly perform his or her functions, but each shall be allowed
1833within the polling room or early voting area to watch and
1834observe the conduct of electors and officials.  The poll
1835watchers shall furnish their own materials and necessities and
1836shall not obstruct the orderly conduct of any election. The poll
1837watchers shall pose any questions regarding polling place
1838procedures directly to the clerk for resolution. They may not
1839interact with voters. Each poll watcher shall be a qualified and
1840registered elector of the county in which he or she serves.
1841     (2)  Each party, each political committee, and each
1842candidate requesting to have poll watchers shall designate, in
1843writing, poll watchers for each precinct prior to noon of the
1844second Tuesday preceding the election poll watchers for each
1845polling room on election day. Designations of poll watchers for
1846early voting areas shall be submitted in writing to the
1847supervisor of elections at least 14 days before early voting
1848begins.  The poll watchers for each polling room precinct shall
1849be approved by the supervisor of elections on or before the
1850Tuesday before the election. Poll watchers for early voting
1851areas shall be approved by the supervisor of elections no later
1852than 7 days before early voting begins. The supervisor shall
1853furnish to each election board precinct a list of the poll
1854watchers designated and approved for such polling room or early
1855voting area precinct.
1856     (3)  No candidate or sheriff, deputy sheriff, police
1857officer, or other law enforcement officer may be designated as a
1858poll watcher.
1859     Section 29.  Subsection (1) of section 101.151, Florida
1860Statutes, is amended to read:
1861     101.151  Specifications for ballots.--
1862     (1)  Marksense Paper ballots shall be printed on paper of
1863such thickness that the printing cannot be distinguished from
1864the back and shall meet the specifications of the voting system
1865that will be used to tabulate the ballots.
1866     Section 30.  Section 101.171, Florida Statutes, is amended
1867to read:
1868     101.171  Copy of constitutional amendment to be available
1869at voting locations posted.--Whenever any amendment to the State
1870Constitution is to be voted upon at any election, the Department
1871of State shall have printed, and shall furnish to each
1872supervisor of elections, a sufficient number of copies of the
1873amendment either in poster or booklet form, and the supervisor
1874shall have a copy thereof conspicuously posted or available at
1875each polling room or early voting area precinct upon the day of
1876election.
1877     Section 31.  Section 101.294, Florida Statutes, is amended
1878to read:
1879     101.294  Purchase and sale of voting equipment.--
1880     (1)  The Division of Elections of the Department of State
1881shall adopt uniform rules for the purchase, use, and sale of
1882voting equipment in the state.  No governing body shall purchase
1883or cause to be purchased any voting equipment unless such
1884equipment has been certified for use in this state by the
1885Department of State.
1886     (2)  Any governing body contemplating the purchase or sale
1887of voting equipment shall notify the Division of Elections of
1888such considerations.  The division shall attempt to coordinate
1889the sale of excess or outmoded equipment by one county with
1890purchases of necessary equipment by other counties.
1891     (3)  The division shall inform the governing bodies of the
1892various counties of the state of the availability of new or used
1893voting equipment and of sources available for obtaining such
1894equipment.
1895     (4)  A vendor of voting equipment may not provide an
1896uncertified voting system, voting system component, or voting
1897system upgrade to a local governing body or supervisor of
1898elections in this state.
1899     (5)  Before or in conjunction with providing a voting
1900system, voting system component, or voting system upgrade, the
1901vendor shall provide the local governing body or supervisor of
1902elections with a sworn certification that the voting system,
1903voting system component, or voting system upgrade being provided
1904has been certified by the Division of Elections.
1905     Section 32.  Section 101.295, Florida Statutes, is amended
1906to read:
1907     101.295  Penalties for violation.--
1908     (1)  Any member of a governing body which purchases or
1909sells voting equipment in violation of the provisions of ss.
1910101.292-101.295, which member knowingly votes to purchase or
1911sell voting equipment in violation of the provisions of ss.
1912101.292-101.295, is guilty of a misdemeanor of the first degree,
1913punishable as provided by s. 775.082 or s. 775.083, and shall be
1914subject to suspension from office on the grounds of malfeasance.
1915     (2)  Any vendor, chief executive officer, or vendor
1916representative of voting equipment who provides a voting system,
1917voting system component, or voting system upgrade in violation
1918of this chapter commits a felony of the third degree, punishable
1919as provided in s. 775.082, s. 775.083, or s. 775.084.
1920     Section 33.  Section 101.49, Florida Statutes, is amended
1921to read:
1922     101.49  Procedure of election officers where signatures
1923differ.--
1924     (1)  Whenever any clerk or inspector, upon a just
1925comparison of the signatures, doubts that the signature on the
1926identification presented by the of any elector who presents
1927himself or herself at the polls to vote is the same as the
1928signature of the elector affixed on the precinct register or
1929early voting certificate in the registration book, the clerk or
1930inspector shall deliver to the person an affidavit which shall
1931be in substantially the following form:  
1932
1933STATE OF FLORIDA,  
1934COUNTY OF .....
1935     I do solemnly swear (or affirm) that my name is ....; that
1936I am .... years old; that I was born in the State of ....; that
1937I am registered to vote, and at the time I registered I resided
1938on .... Street, in the municipality of ...., County of ....,
1939State of Florida; that I am a qualified voter of the county and
1940state aforesaid and have not voted in this election.  
1941...(Signature of voter)...
1942     Sworn to and subscribed before me this .... day of .
1943...., A. D....(year)....  
1944...(Clerk or inspector of election)...
1945Precinct No. .....
1946County of .....
1947
1948     (2)  The person shall fill out, in his or her own
1949handwriting or with assistance from a member of the election
1950board, the form and make an affidavit to the facts stated in the
1951filled-in form; such affidavit shall then be sworn to and
1952subscribed before one of the inspectors or clerks of the
1953election who is authorized to administer the oath. Whenever the
1954affidavit is made and filed with the clerk or inspector, the
1955person shall then be admitted to cast his or her vote, but if
1956the person fails or refuses to make out or file such affidavit
1957and asserts his or her eligibility, then he or she shall be
1958entitled to vote a provisional ballot not be permitted to vote.
1959     Section 34.  Effective July 1, 2005, subsection (1) of
1960section 101.51, Florida Statutes, as amended by section 11 of
1961chapter 2002-281, Laws of Florida, is amended to read:
1962     101.51  Electors to occupy booth alone.--
1963     (1)  When the elector presents himself or herself to vote,
1964the election official shall ascertain whether the elector's name
1965is upon the register of electors, and, if the elector's name
1966appears and no challenge interposes, or, if interposed, be not
1967sustained, one of the election officials stationed at the
1968entrance shall announce the name of the elector and permit him
1969or her to enter the booth or compartment to cast his or her
1970vote, allowing only one elector at a time to pass through to
1971vote. An elector, while casting his or her ballot, may not
1972occupy a booth or compartment already occupied or speak with
1973anyone, except as provided by s. 101.051, while in the polling
1974place.
1975     Section 35.  Subsection (4) of section 101.5606, Florida
1976Statutes, is amended to read:
1977     101.5606  Requirements for approval of systems.--No
1978electronic or electromechanical voting system shall be approved
1979by the Department of State unless it is so constructed that:
1980     (4)  For systems using marksense paper ballots, it accepts
1981a rejected ballot pursuant to subsection (3) if a voter chooses
1982to cast the ballot, but records no vote for any office that has
1983been overvoted or undervoted.
1984     Section 36.  Subsections (2) and (3) of section 101.5608,
1985Florida Statutes, are amended to read:
1986     101.5608  Voting by electronic or electromechanical method;
1987procedures.--
1988     (2)  When an electronic or electromechanical voting system
1989utilizes a ballot card or marksense paper ballot, the following
1990procedures shall be followed:
1991     (a)  After receiving a ballot from an inspector, the
1992elector shall, without leaving the polling place, retire to a
1993booth or compartment and mark the ballot. After preparing his or
1994her ballot, the elector shall place the ballot in a secrecy
1995envelope with the stub exposed or shall fold over that portion
1996on which write-in votes may be cast, as instructed, so that the
1997ballot will be deposited in the ballot box without exposing the
1998voter's choices. Before the ballot is deposited in the ballot
1999box, the inspector shall detach the exposed stub and place it in
2000a separate envelope for audit purposes; when a fold-over ballot
2001is used, the entire ballot shall be placed in the ballot box.
2002     (b)  Any voter who spoils his or her ballot or makes an
2003error may return the ballot to the election official and secure
2004another ballot, except that in no case shall a voter be
2005furnished more than three ballots. If the vote tabulation device
2006has rejected a ballot, the ballot shall be considered spoiled
2007and a new ballot shall be provided to the voter unless the voter
2008chooses to cast the rejected ballot. The election official,
2009without examining the original ballot, shall state the possible
2010reasons for the rejection and shall provide instruction to the
2011voter pursuant to s. 101.5611. A spoiled ballot shall be
2012preserved, without examination, in an envelope provided for that
2013purpose. The stub shall be removed from the ballot and placed in
2014an envelope.
2015     (c)  The supervisor of elections shall prepare for each
2016polling place at least one ballot box to contain the ballots of
2017a particular precinct, and each ballot box shall be plainly
2018marked with the name of the precinct for which it is intended.
2019     (3)  The Department of State shall promulgate rules
2020regarding voting procedures to be used when an electronic or
2021electromechanical voting system is of a type which does not
2022utilize a ballot card or marksense paper ballot.
2023     Section 37.  Subsection (2) of section 101.5612, Florida
2024Statutes, is amended to read:
2025     101.5612  Testing of tabulating equipment.--
2026     (2)  On any day not more than 10 days prior to the
2027commencement of early voting as provided in s. 101.657, the
2028supervisor of elections shall have the automatic tabulating
2029equipment publicly tested to ascertain that the equipment will
2030correctly count the votes cast for all offices and on all
2031measures. If the ballots to be used at the polling place on
2032election day are not available at the time of the testing, the
2033supervisor may conduct an additional test not more than 10 days
2034before election day. Public notice of the time and place of the
2035test shall be given at least 48 hours prior thereto by
2036publication once in one or more newspapers of general
2037circulation in the county or, if there is no newspaper of
2038general circulation in the county, by posting the notice in at
2039least four conspicuous places in the county. The supervisor or
2040the municipal elections official may, at the time of qualifying,
2041give written notice of the time and location of the public
2042preelection test to each candidate qualifying with that office
2043and obtain a signed receipt that the notice has been given. The
2044Department of State shall give written notice to each statewide
2045candidate at the time of qualifying, or immediately at the end
2046of qualifying, that the voting equipment will be tested and
2047advise each candidate to contact the county supervisor of
2048elections as to the time and location of the public preelection
2049test. The supervisor or the municipal elections official shall,
2050at least 15 days prior to the commencement of early voting as
2051provided in s. 101.657, send written notice by certified mail to
2052the county party chair of each political party and to all
2053candidates for other than statewide office whose names appear on
2054the ballot in the county and who did not receive written
2055notification from the supervisor or municipal elections official
2056at the time of qualifying, stating the time and location of the
2057public preelection test of the automatic tabulating equipment.
2058The canvassing board shall convene, and each member of the
2059canvassing board shall certify to the accuracy of the test. For
2060the test, the canvassing board may designate one member to
2061represent it. The test shall be open to representatives of the
2062political parties, the press, and the public. Each political
2063party may designate one person with expertise in the computer
2064field who shall be allowed in the central counting room when all
2065tests are being conducted and when the official votes are being
2066counted. The designee shall not interfere with the normal
2067operation of the canvassing board.
2068     Section 38.  Subsection (5) of section 101.5614, Florida
2069Statutes, is amended to read:
2070     101.5614  Canvass of returns.--
2071     (5)  If any absentee ballot is physically damaged so that
2072it cannot properly be counted by the automatic tabulating
2073equipment, a true duplicate copy shall be made of the damaged
2074ballot in the presence of witnesses and substituted for the
2075damaged ballot. Likewise, a duplicate ballot shall be made of an
2076absentee ballot containing an overvoted race or a marked
2077absentee ballot in which every race is undervoted which shall
2078include all valid votes as determined by the canvassing board
2079based on rules adopted by the division pursuant to s.
2080102.166(4)(5). All duplicate ballots shall be clearly labeled
2081"duplicate," bear a serial number which shall be recorded on the
2082defective ballot, and be counted in lieu of the defective
2083ballot. After a ballot has been duplicated, the defective ballot
2084shall be placed in an envelope provided for that purpose, and
2085the duplicate ballot shall be tallied with the other ballots for
2086that precinct.
2087     Section 39.  Section 101.572, Florida Statutes, is amended
2088to read:
2089     101.572  Public inspection of ballots.--The official
2090ballots and ballot cards received from election boards and
2091removed from absentee ballot mailing envelopes shall be open for
2092public inspection or examination while in the custody of the
2093supervisor of elections or the county canvassing board at any
2094reasonable time, under reasonable conditions; however, no
2095persons other than the supervisor of elections or his or her
2096employees or the county canvassing board shall handle any
2097official ballot or ballot card. If the ballots are being
2098examined prior to the end of the contest period in s. 102.168,
2099the supervisor of elections shall make a reasonable effort to
2100notify all candidates whose names appear on such ballots or
2101ballot cards by telephone or otherwise of the time and place of
2102the inspection or examination.  All such candidates, or their
2103representatives, shall be allowed to be present during the
2104inspection or examination.
2105     Section 40.  Section 101.58, Florida Statutes, is amended
2106to read:
2107     101.58  Supervising and observing registration and election
2108processes.--
2109     (1)  The Department of State may, at any time it deems fit;
2110upon the petition of 5 percent of the registered electors; or
2111upon the petition of any candidate, county executive committee
2112chair, state committeeman or committeewoman, or state executive
2113committee chair, appoint one or more deputies whose duties shall
2114be to observe and examine the registration and election
2115processes and the condition, custody, and operation of voting
2116systems and equipment in any county or municipality. The deputy
2117shall have access to all registration books and records as well
2118as any other records or procedures relating to the voting
2119process. The deputy may supervise preparation of the voting
2120equipment and procedures for election, and it shall be unlawful
2121for any person to obstruct the deputy in the performance of his
2122or her duty. The deputy shall file with the Department of State
2123a report of his or her findings and observations of the
2124registration and election processes in the county or
2125municipality, and a copy of the report shall also be filed with
2126the clerk of the circuit court of said county. The compensation
2127of such deputies shall be fixed by the Department of State; and
2128costs incurred under this section shall be paid from the annual
2129operating appropriation made to the Department of State.
2130     (2)  Upon the written direction of the Secretary of State,
2131any employee of the Department of State having expertise in the
2132matter of concern to the Secretary of State shall have full
2133access to all premises, records, equipment, and staff of the
2134supervisor of elections.
2135     Section 41.  Subsection (1) of section 101.595, Florida
2136Statutes, is amended to read:
2137     101.595  Analysis and reports of voting problems.--
2138     (1)  No later than December 15 of each general election
2139year, the supervisor of elections in each county shall report to
2140the Department of State the total number of overvotes and
2141undervotes in the "President and Vice President" or "Governor
2142and Lieutenant Governor" race that appears first on the ballot
2143or, if neither appears, the first race appearing on the ballot
2144pursuant to s. 101.151(2), along with the likely reasons for
2145such overvotes and undervotes and other information as may be
2146useful in evaluating the performance of the voting system and
2147identifying problems with ballot design and instructions which
2148may have contributed to voter confusion.
2149     Section 42.  Section 101.6103, Florida Statutes, is amended
2150to read:
2151     101.6103  Mail ballot election procedure.--
2152     (1)  Except as otherwise provided in subsection (7) (6),
2153the supervisor of elections shall mail all official ballots with
2154a secrecy envelope, a return mailing envelope, and instructions
2155sufficient to describe the voting process to each elector
2156entitled to vote in the election not sooner than the 20th day
2157before the election and not later than the 10th day before the
2158date of the election.  All such ballots shall be mailed by
2159first-class mail. Ballots shall be addressed to each elector at
2160the address appearing in the registration records and placed in
2161an envelope which is prominently marked "Do Not Forward."
2162     (2)  Upon receipt of the ballot the elector shall mark the
2163ballot, place it in the secrecy envelope, sign the return
2164mailing envelope supplied with the ballot, and comply with the
2165instructions provided with the ballot. The elector shall mail,
2166deliver, or have delivered the marked ballot so that it reaches
2167the supervisor of elections no later than 7 p.m. on the day of
2168the election.  The ballot must be returned in the return mailing
2169envelope.
2170     (3)  The return mailing envelope shall contain a statement
2171in substantially the following form:  
2172
2173
VOTER'S CERTIFICATE
2174
2175     I, (Print Name), do solemnly swear (or affirm) that I am a
2176qualified voter in this election and that I have not and will
2177not vote more than one ballot in this election.
2178     I understand that failure to sign this certificate and give
2179my residence address will invalidate my ballot.  
2180...(Signature)...
2181...(Residence Address)...
2182
2183     (4)  If the ballot is destroyed, spoiled, lost, or not
2184received by the elector, the elector may obtain a replacement
2185ballot from the supervisor of elections as provided in this
2186subsection.  An elector seeking a replacement ballot shall sign
2187a sworn statement that the ballot was destroyed, spoiled, lost,
2188or not received and present such statement to the supervisor of
2189elections prior to 7 p.m. on the day of the election.  The
2190supervisor of elections shall keep a record of each replacement
2191ballot provided under this subsection.
2192     (5)  A ballot shall be counted only if:
2193     (a)  It is returned in the return mailing envelope;
2194     (b)  The elector's signature has been verified as provided
2195in this subsection; and
2196     (c)  It is received by the supervisor of elections not
2197later than 7 p.m. on the day of the election.
2198
2199The supervisor of elections shall verify the signature of each
2200elector on the return mailing envelope with the signature on the
2201elector's registration records.  Such verification may commence
2202at any time prior to the canvass of votes.  The supervisor of
2203elections shall safely keep the ballot unopened in his or her
2204office until the county canvassing board canvasses the vote.  If
2205the supervisor of elections determines that an elector to whom a
2206replacement ballot has been issued under subsection (4) has
2207voted more than once, the canvassing board shall determine which
2208ballot, if any, is to be counted.
2209     (6)  The canvassing board may begin the canvassing of mail
2210ballots at 7 a.m. on the fourth day before the election,
2211including processing the ballots through the tabulating
2212equipment. However, results may not be released until after 7
2213p.m. on election day. Any canvassing board member or election
2214employee who releases any result before 7 p.m. on election day
2215commits a felony of the third degree, punishable as provided in
2216s. 775.082, s. 775.083, or s. 775.084.
2217     (7)(6)  With respect to absent electors overseas entitled
2218to vote in the election, the supervisor of elections shall mail
2219an official ballot with a secrecy envelope, a return mailing
2220envelope, and instructions sufficient to describe the voting
2221process to each such elector on a date sufficient to allow such
2222elector time to vote in the election and to have his or her
2223marked ballot reach the supervisor by 7 p.m. on the day of the
2224election.
2225     (8)  Effective July 1, 2005, a ballot that otherwise
2226satisfies the requirements of subsection (5) shall be counted
2227even if the elector dies after mailing the ballot but before
2228election day, as long as, prior to the death of the voter, the
2229ballot was:
2230     (a)  Postmarked by the United States Postal Service;
2231     (b)  Date-stamped with a verifiable tracking number by
2232common carrier; or
2233     (c)  Already in the possession of the supervisor of
2234elections.
2235     Section 43.  Section 101.62, Florida Statutes, is amended
2236to read:
2237     101.62  Request for absentee ballots.--
2238     (1)(a)  The supervisor may accept a request for an absentee
2239ballot from an elector in person or in writing. Except as
2240provided in s. 101.694, one request shall be deemed sufficient
2241to receive an absentee ballot for all elections which are held
2242within a calendar year, unless the elector or the elector's
2243designee indicates at the time the request is made the elections
2244for which the elector desires to receive an absentee ballot.
2245Such request may be considered canceled when any first-class
2246mail sent by the supervisor to the elector is returned as
2247undeliverable.
2248     (b)  The supervisor may accept a written or telephonic
2249request for an absentee ballot from the elector, or, if directly
2250instructed by the elector, a member of the elector's immediate
2251family, or the elector's legal guardian. For purposes of this
2252section, the term "immediate family" has the same meaning as
2253specified in paragraph (4)(b).  The person making the request
2254must disclose:
2255     1.  The name of the elector for whom the ballot is
2256requested;
2257     2.  The elector's address;
2258     3.  The elector's date of birth;
2259     4.  The requester's name;
2260     5.  The requester's address;
2261     6.  The requester's driver's license number, if available;
2262     7.  The requester's relationship to the elector; and
2263     8.  The requester's signature (written requests only).
2264     (2)  If A request for an absentee ballot to be mailed to a
2265voter must be is received no later than 5 p.m. on the sixth day
2266after the Friday before the election by the supervisor of
2267elections from an absent elector overseas, the supervisor shall
2268send a notice to the elector acknowledging receipt of his or her
2269request and notifying the elector that the ballot will not be
2270forwarded due to insufficient time for return of the ballot by
2271the required deadline. The supervisor of elections shall mail
2272absentee ballots to voters requesting ballots by such deadline
2273no later than 4 days before the election.
2274     (3)  For each request for an absentee ballot received, the
2275supervisor shall record the date the request was made, the date
2276the absentee ballot was delivered to the voter or the voter's
2277designee or the date the absentee ballot was delivered to the
2278post office or other carrier or mailed, the date the ballot was
2279received by the supervisor, and such other information he or she
2280may deem necessary. This information shall be provided in
2281electronic format as provided by rule adopted by the division.
2282The information shall be updated and made available no later
2283than noon of each day and shall be contemporaneously provided to
2284the division. This information shall be confidential and exempt
2285from the provisions of s. 119.07(1) and shall be made available
2286to or reproduced only for the voter requesting the ballot, a
2287canvassing board, an election official, a political party or
2288official thereof, a candidate who has filed qualification papers
2289and is opposed in an upcoming election, and registered political
2290committees or registered committees of continuous existence, for
2291political purposes only.
2292     (4)(a)  To each absent qualified elector overseas who has
2293requested an absentee ballot, the supervisor of elections shall,
2294not fewer than 35 days before the first primary election, mail
2295an absentee ballot.  Not fewer than 45 days before the second
2296primary and general election, the supervisor of elections shall
2297mail an absentee ballot. If the regular absentee ballots are not
2298available, the supervisor shall mail an advance absentee ballot
2299to those persons requesting ballots for such elections.  The
2300advance absentee ballot for the second primary shall be the same
2301as the first primary absentee ballot as to the names of
2302candidates, except that for any offices where there are only two
2303candidates, those offices and all political party executive
2304committee offices shall be omitted.  Except as provided in ss.
230599.063(4) and 100.371(6), the advance absentee ballot for the
2306general election shall be as specified in s. 101.151, except
2307that in the case of candidates of political parties where
2308nominations were not made in the first primary, the names of the
2309candidates placing first and second in the first primary
2310election shall be printed on the advance absentee ballot. The
2311advance absentee ballot or advance absentee ballot information
2312booklet shall be of a different color for each election and also
2313a different color from the absentee ballots for the first
2314primary, second primary, and general election. The supervisor
2315shall mail an advance absentee ballot for the second primary and
2316general election to each qualified absent elector for whom a
2317request is received until the absentee ballots are printed. The
2318supervisor shall enclose with the advance second primary
2319absentee ballot and advance general election absentee ballot an
2320explanation stating that the absentee ballot for the election
2321will be mailed as soon as it is printed; and, if both the
2322advance absentee ballot and the absentee ballot for the election
2323are returned in time to be counted, only the absentee ballot
2324will be counted. The Department of State may prescribe by rule
2325the requirements for preparing and mailing absentee ballots to
2326absent qualified electors overseas.
2327     (b)  As soon as the remainder of the absentee ballots are
2328printed, the supervisor shall provide an absentee ballot to each
2329elector by whom a request for that ballot has been made by one
2330of the following means:
2331     1.  By nonforwardable, return-if-undeliverable mail to the
2332elector's current mailing address on file with the supervisor,
2333unless the elector specifies in the request that:
2334     a.  The elector is absent from the county and does not plan
2335to return before the day of the election;
2336     b.  The elector is temporarily unable to occupy the
2337residence because of hurricane, tornado, flood, fire, or other
2338emergency or natural disaster; or
2339     c.  The elector is in a hospital, assisted-living facility,
2340nursing home, short-term medical or rehabilitation facility, or
2341correctional facility,
2342
2343in which case the supervisor shall mail the ballot by
2344nonforwardable, return-if-undeliverable mail to any other
2345address the elector specifies in the request.
2346     2.  By forwardable mail to voters who are entitled to vote
2347by absentee ballot under the Uniformed and Overseas Citizens
2348Absentee Voting Act.
2349     3.  By personal delivery before 7 p.m. on election day to
2350the elector, upon presentation of the identification required in
2351s. 101.657.
2352     4.  By delivery to a designee on election day or up to 4
2353days prior to the day of an election. Any elector may designate
2354in writing a person to pick up the ballot for the elector;
2355however, the person designated may not pick up more than two
2356absentee ballots per election, other than the designee's own
2357ballot, except that additional ballots may be picked up for
2358members of the designee's immediate family.  For purposes of
2359this section, "immediate family" means the designee's spouse or
2360the parent, child, grandparent, or sibling of the designee or of
2361the designee's spouse.  The designee shall provide to the
2362supervisor the written authorization by the elector and a
2363picture identification of the designee and must complete an
2364affidavit.  The designee shall state in the affidavit that the
2365designee is authorized by the elector to pick up that ballot and
2366shall indicate if the elector is a member of the designee's
2367immediate family and, if so, the relationship.  The department
2368shall prescribe the form of the affidavit. If the supervisor is
2369satisfied that the designee is authorized to pick up the ballot
2370and that the signature of the elector on the written
2371authorization matches the signature of the elector on file, the
2372supervisor shall give the ballot to that designee for delivery
2373to the elector.
2374     (5)  In the event that the Elections Canvassing Commission
2375is unable to certify the results of an election for a state
2376office in time to comply with subsection (4), the Department of
2377State is authorized to prescribe rules for a ballot to be sent
2378to absent electors overseas.
2379     (6)  Nothing other than the materials necessary to vote
2380absentee shall be mailed or delivered with any absentee ballot.
2381     Section 44.  Section 101.64, Florida Statutes, is amended
2382to read:
2383     101.64  Delivery of absentee ballots; envelopes; form.--
2384     (1)  The supervisor shall enclose with each absentee ballot
2385two envelopes: a secrecy envelope, into which the absent elector
2386shall enclose his or her marked ballot; and a mailing envelope,
2387into which the absent elector shall then place the secrecy
2388envelope, which shall be addressed to the supervisor and also
2389bear on the back side a certificate in substantially the
2390following form:  
2391
2392
Note: Please Read Instructions Carefully Before
2393
Marking Ballot and Completing Voter's Certificate.
2394
2395
VOTER'S CERTIFICATE
2396     I, ...., do solemnly swear or affirm that I am a qualified
2397and registered voter of .... County, Florida, and that I have
2398not and will not vote more than one ballot in this election. I
2399understand that if I commit or attempt to commit any fraud in
2400connection with voting, vote a fraudulent ballot, or vote more
2401than once in an election, I can be convicted of a felony of the
2402third degree and fined up to $5,000 and/or imprisoned for up to
24035 years. I also understand that failure to sign this certificate
2404will invalidate my ballot.  
2405
2406...(Date)...                          ...(Voter's Signature)...
2407
2408     (2)  The certificate shall be arranged on the back of the
2409mailing envelope so that the line for the signature of the
2410absent elector is across the seal of the envelope; however, no
2411statement shall appear on the envelope which indicates that a
2412signature of the voter must cross the seal of the envelope. The
2413absent elector shall execute the certificate on the envelope.
2414     (3)  In lieu of the voter's certificate provided in this
2415section, the supervisor of elections shall provide each person
2416voting absentee under the Uniformed and Overseas Citizens
2417Absentee Voting Act with the standard oath prescribed by the
2418presidential designee.
2419     Section 45.  Subsection (1) of section 101.657, Florida
2420Statutes, is amended, present subsection (2) of that section is
2421renumbered as subsection (4), and new subsections (2) and (3)
2422are added to that section, to read:
2423     101.657  Early voting.--
2424     (1)(a)  As a convenience to the voter, the supervisor of
2425elections shall allow an elector to vote early in the main or
2426branch office of the supervisor by depositing the voted ballot
2427in a voting device used by the supervisor to collect or tabulate
2428ballots. In order for a branch office to be used for early
2429voting, it shall be a permanent full-service facility of the
2430supervisor and shall have been designated and used as such for
2431at least 1 year prior to the election. The supervisor may also
2432designate any city hall or permanent public library facility as
2433early voting sites; however, if so designated, the sites must be
2434geographically located so as to provide all voters in the county
2435an equal opportunity to cast a ballot, insofar as is
2436practicable. The results or tabulation of votes cast during
2437early voting may not be made before the close of the polls on
2438election day. Results shall be reported by precinct.
2439     (b)  The supervisor shall designate each early voting site
2440by no later than the 30th day prior to an election and shall
2441designate an early voting area, as defined in s. 97.021, at each
2442early voting site.
2443     (c)  All early voting sites in a county shall be open on
2444the same days for the same amount of time and shall allow any
2445person in line at the closing of an early voting site to vote.
2446     (d)(b)  Early voting shall begin on the 15th day before an
2447election and end on the 2nd day before an election. For purposes
2448of a special election held pursuant to s. 100.101, early voting
2449shall begin on the 8th day before an election and end on the 2nd
2450day before an election. Early voting shall be provided for at
2451least 8 hours per weekday and 8 hours in the aggregate each
2452weekend at each site during the applicable periods. Early voting
2453sites shall open no sooner than 7 a.m. and close no later than 7
2454p.m. on each applicable day during the applicable periods. Early
2455voting shall also be provided for 8 hours in the aggregate for
2456each weekend during the applicable periods.
2457     (e)  Notwithstanding the requirements of s. 100.3605,
2458municipalities may provide early voting in municipal elections
2459that are not held in conjunction with county or state elections.
2460If a municipality provides early voting, it may designate as
2461many sites as necessary and shall conduct its activities in
2462accordance with the provisions of paragraphs (a)-(c). The
2463supervisor is not required to conduct early voting if it is
2464provided pursuant to this subsection.
2465     (f)  Notwithstanding the requirements of s. 189.405,
2466special districts may provide early voting in any district
2467election not held in conjunction with county or state elections.
2468If a special district provides early voting, it may designate as
2469many sites as necessary and shall conduct its activities in
2470accordance with the provisions of paragraphs (a)-(c). The
2471supervisor is not required to conduct early voting if it is
2472provided pursuant to this subsection.
2473     (2)  During any early voting period, each supervisor of
2474elections shall make available the total number of voters
2475casting a ballot at each early voting location during the
2476previous day. Each supervisor shall prepare an electronic data
2477file listing the individual voters who cast a ballot during the
2478early voting period. This information shall be provided in
2479electronic format as provided by rule adopted by the division.
2480The information shall be updated and made available no later
2481than noon of each day and shall be contemporaneously provided to
2482the division.
2483     (3)  The ballot of each elector voting early shall be
2484counted even if the elector dies on or before election day.
2485     Section 46.  Subsection (2) of section 101.663, Florida
2486Statutes, is amended to read:
2487     101.663  Electors; change of residence.--
2488     (2)  An elector registered in this state who moves his or
2489her permanent residence to another state after the registration
2490books in that state have closed and who is prohibited by the
2491laws of that state from voting for the offices of President and
2492Vice President of the United States shall be permitted to vote
2493absentee in the county of his or her former residence for the
2494offices of President and Vice President of the United States
2495those offices.
2496     Section 47.  Subsection (1) and paragraph (c) of subsection
2497(2) of section 101.68, Florida Statutes, are amended to read:
2498     101.68  Canvassing of absentee ballot.--
2499     (1)  The supervisor of the county where the absent elector
2500resides shall receive the voted ballot, at which time the
2501supervisor shall compare the signature of the elector on the
2502voter's certificate with the signature of the elector in the
2503registration books to determine whether the elector is duly
2504registered in the county and may record on the elector's
2505registration certificate that the elector has voted. However,
2506effective July 1, 2005, an elector who dies after casting an
2507absentee ballot but on or before election day shall remain
2508listed in the registration books until the results have been
2509certified for the election in which the ballot was cast. The
2510supervisor shall safely keep the ballot unopened in his or her
2511office until the county canvassing board canvasses the vote.
2512After an absentee ballot is received by the supervisor, the
2513ballot is deemed to have been cast, and changes or additions may
2514not be made to the voter's certificate.
2515     (2)
2516     (c)1.  The canvassing board shall, if the supervisor has
2517not already done so, compare the signature of the elector on the
2518voter's certificate with the signature of the elector in the
2519registration books to see that the elector is duly registered in
2520the county and to determine the legality of that absentee
2521ballot. Effective July 1, 2005, the ballot of an elector who
2522casts an absentee ballot shall be counted even if the elector
2523dies on or before election day, as long as, prior to the death
2524of the voter, the ballot was postmarked by the United States
2525Postal Service, date-stamped with a verifiable tracking number
2526by common carrier, or already in the possession of the
2527supervisor of elections. An absentee ballot shall be considered
2528illegal if it does not include the signature of the elector, as
2529shown by the registration records. However, an absentee ballot
2530shall not be considered illegal if the signature of the elector
2531does not cross the seal of the mailing envelope. If the
2532canvassing board determines that any ballot is illegal, a member
2533of the board shall, without opening the envelope, mark across
2534the face of the envelope: "rejected as illegal." The envelope
2535and the ballot contained therein shall be preserved in the
2536manner that official ballots voted are preserved.
2537     2.  If any elector or candidate present believes that an
2538absentee ballot is illegal due to a defect apparent on the
2539voter's certificate, he or she may, at any time before the
2540ballot is removed from the envelope, file with the canvassing
2541board a protest against the canvass of that ballot, specifying
2542the precinct, the ballot, and the reason he or she believes the
2543ballot to be illegal. A challenge based upon a defect in the
2544voter's certificate may not be accepted after the ballot has
2545been removed from the mailing envelope.
2546     Section 48.  Section 101.69, Florida Statutes, is amended
2547to read:
2548     101.69  Voting in person; return of absentee ballot.--The
2549provisions of this code shall not be construed to prohibit any
2550elector from voting in person at the elector's precinct on the
2551day of an election or at an early voting site, notwithstanding
2552that the elector has requested an absentee ballot for that
2553election. An elector who has returned a voted absentee ballot to
2554the supervisor, however, is deemed to have cast his or her
2555ballot and is not entitled to vote another ballot or to have a
2556provisional ballot counted by the county canvassing board. An
2557elector who has received an absentee ballot and has not returned
2558the voted ballot to the supervisor, but desires to vote in
2559person, shall return the ballot, whether voted or not, to the
2560election board in the elector's precinct or to an early voting
2561site. The returned ballot shall be marked "canceled" by the
2562board and placed with other canceled ballots. However, if the
2563elector does not return the ballot and the election official:
2564     (1)  Confirms that the supervisor has received the
2565elector's absentee ballot, the elector shall not be allowed to
2566vote in person. If the elector maintains that he or she has not
2567returned the absentee ballot or remains eligible to vote, the
2568elector shall be provided a provisional ballot as provided in s.
2569101.048.
2570     (2)  Confirms that the supervisor has not received the
2571elector's absentee ballot, the elector shall be allowed to vote
2572in person as provided in this code. The elector's absentee
2573ballot, if subsequently received, shall not be counted and shall
2574remain in the mailing envelope, and the envelope shall be marked
2575"Rejected as Illegal."
2576     (3)  Cannot determine whether the supervisor has received
2577the elector's absentee ballot, the elector may vote a
2578provisional ballot as provided in s. 101.048.
2579     Section 49.  Section 101.6923, Florida Statutes, is amended
2580to read:
2581     101.6923  Special absentee ballot instructions for certain
2582first-time voters.--
2583     (1)  The provisions of this section apply to voters who
2584registered to vote by mail, who have not previously voted in the
2585county, and who have not provided the identification or
2586information required by s. 97.0535 by the time the absentee
2587ballot is mailed.
2588     (2)  A voter covered by this section shall be provided with
2589the following printed instructions with his or her absentee
2590ballot in substantially the following form:
2591
2592READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
2593BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
2594YOUR BALLOT NOT TO COUNT.
2595
2596     1.  In order to ensure that your absentee ballot will be
2597counted, it should be completed and returned as soon as possible
2598so that it can reach the supervisor of elections of the county
2599in which your precinct is located no later than 7 p.m. on the
2600date of the election.
2601     2.  Mark your ballot in secret as instructed on the ballot.
2602You must mark your own ballot unless you are unable to do so
2603because of blindness, disability, or inability to read or write.
2604     3.  Mark only the number of candidates or issue choices for
2605a race as indicated on the ballot. If you are allowed to "Vote
2606for One" candidate and you vote for more than one, your vote in
2607that race will not be counted.
2608     4.  Place your marked ballot in the enclosed secrecy
2609envelope and seal the envelope.
2610     5.  Insert the secrecy envelope into the enclosed envelope
2611bearing the Voter's Certificate. Seal the envelope and
2612completely fill out the Voter's Certificate on the back of the
2613envelope.
2614     a.  You must sign your name on the line above (Voter's
2615Signature).
2616     b.  If you are an overseas voter, you must include the date
2617you signed the Voter's Certificate on the line above (Date) or
2618your ballot may not be counted.
2619     6.  Unless you meet one of the exemptions in Item 7., you
2620must make a copy of one of the following forms of
2621identification:
2622     a.  Identification which must include your name and
2623photograph: current and valid Florida driver's license; Florida
2624identification card issued by the Department of Highway Safety
2625and Motor Vehicles; United States passport; employee badge or
2626identification; buyer's club identification card; debit or
2627credit card; military identification; student identification;
2628retirement center identification; neighborhood association
2629identification; entertainment identification; or public
2630assistance identification; or
2631     b.  Identification which shows your name and current
2632residence address: current utility bill, bank statement,
2633government check, paycheck, or government document (excluding
2634voter identification card).
2635     7.  The identification requirements of Item 6. do not apply
2636if you meet one of the following requirements:
2637     a.  You are 65 years of age or older.
2638     b.  You have a temporary or permanent physical disability.
2639     c.  You are a member of a uniformed service on active duty
2640who, by reason of such active duty, will be absent from the
2641county on election day.
2642     d.  You are a member of the Merchant Marine who, by reason
2643of service in the Merchant Marine, will be absent from the
2644county on election day.
2645     e.  You are the spouse or dependent of a member referred to
2646in paragraph c. or paragraph d. who, by reason of the active
2647duty or service of the member, will be absent from the county on
2648election day.
2649     f.  You are currently residing outside the United States.
2650     8.  Place the envelope bearing the Voter's Certificate into
2651the mailing envelope addressed to the supervisor. Insert a copy
2652of your identification in the mailing envelope. DO NOT PUT YOUR
2653IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2654INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2655BALLOT WILL NOT COUNT.
2656     9.  Mail, deliver, or have delivered the completed mailing
2657envelope. Be sure there is sufficient postage if mailed.
2658     10.  FELONY NOTICE. It is a felony under Florida law to
2659accept any gift, payment, or gratuity in exchange for your vote
2660for a candidate. It is also a felony under Florida law to vote
2661in an election using a false identity or false address, or under
2662any other circumstances making your ballot false or fraudulent.
2663     Section 50.  Subsection (3) of section 101.694, Florida
2664Statutes, is amended to read:
2665     101.694  Mailing of ballots upon receipt of federal
2666postcard application.--
2667     (3)  Absentee envelopes printed for voters entitled to vote
2668absentee under the Uniformed and Overseas Citizens Absentee
2669Voting Act shall meet the specifications as determined by the
2670Federal Voting Assistance Program of the United States
2671Department of Defense and the United States Postal Service.
2672There shall be printed across the face of each envelope in which
2673a ballot is sent to a federal postcard applicant, or is returned
2674by such applicant to the supervisor, two parallel horizontal red
2675bars, each one-quarter inch wide, extending from one side of the
2676envelope to the other side, with an intervening space of one-
2677quarter inch, the top bar to be 1? inches from the top of the
2678envelope, and with the words "Official Election Balloting
2679Material-via Air Mail," or similar language, between the bars.
2680There shall be printed in the upper right corner of each such
2681envelope, in a box, the words "Free of U. S. Postage, including
2682Air Mail." All printing on the face of each envelope shall be in
2683red, and there shall be printed in red in the upper left corner
2684of each ballot envelope an appropriate inscription or blanks for
2685return address of sender.  Additional specifications may be
2686prescribed by rule of the Division of Elections upon
2687recommendation of the presidential designee under the Uniformed
2688and Overseas Citizens Absentee Voting Act. Otherwise, the
2689envelopes shall be the same as those used in sending ballots to,
2690or receiving them from, other absentee voters.
2691     Section 51.  Section 101.697, Florida Statutes, is amended
2692to read:
2693     101.697  Electronic transmission of election materials.--
2694The Department of State shall determine whether secure
2695electronic means can be established for receiving ballots from
2696overseas voters. If such security can be established, the
2697department shall adopt rules to authorize a supervisor of
2698elections to accept from an overseas voter a request for an
2699absentee ballot or and a voted absentee ballot by secure
2700facsimile machine transmission or other secure electronic means
2701from overseas voters. The rules must provide that in order to
2702accept a voted ballot, the verification of the voter must be
2703established, the security of the transmission must be
2704established, and each ballot received must be recorded.
2705     Section 52.  Section 102.012, Florida Statutes, is amended
2706to read:
2707     102.012  Inspectors and clerks to conduct elections.--
2708     (1)  The supervisor of elections of each county, at least
270920 days prior to the holding of any election, shall appoint an
2710election board comprised of poll workers who serve as clerks or
2711inspectors two election boards for each precinct in the county;
2712however, the supervisor of elections may, in any election,
2713appoint one election board if the supervisor has reason to
2714believe that only one is necessary. The clerk shall be in charge
2715of, and responsible for, seeing that the election board carries
2716out its duties and responsibilities. Each inspector and each
2717clerk shall take and subscribe to an oath or affirmation, which
2718shall be written or printed, to the effect that he or she will
2719perform the duties of inspector or clerk of election,
2720respectively, according to law and will endeavor to prevent all
2721fraud, deceit, or abuse in conducting the election. The oath may
2722be taken before an officer authorized to administer oaths or
2723before any of the persons who are to act as inspectors, one of
2724them to swear the others, and one of the others sworn thus, in
2725turn, to administer the oath to the one who has not been sworn.  
2726The oaths shall be returned with the poll list and the returns
2727of the election to the supervisor. In all questions that may
2728arise before the members of an election board, the decision of a
2729majority of them shall decide the question.  The supervisor of
2730elections of each county shall be responsible for the attendance
2731and diligent performance of his or her duties by each clerk and
2732inspector.
2733     (2)  Each member of the election board shall be able to
2734read and write the English language and shall be a registered
2735qualified elector of the county in which the member is appointed
2736or a person who has preregistered to vote, pursuant to s.
273797.041(1)(b), in the county in which the member is appointed. No
2738election board shall be composed solely of members of one
2739political party; however, in any primary in which only one party
2740has candidates appearing on the ballot, all clerks and
2741inspectors may be of that party. Any person whose name appears
2742as an opposed candidate for any office shall not be eligible to
2743serve on an election board.
2744     (3)  The supervisor shall furnish inspectors of election
2745for each precinct with the list of registered voters for the
2746precinct registration books divided alphabetically as will best
2747facilitate the holding of an election. The supervisor shall also
2748furnish to the inspectors of election at the polling place at
2749each precinct in the supervisor's county a sufficient number of
2750forms and blanks for use on election day.
2751     (4)(a)  The election board of each precinct shall attend
2752the polling place by 6 a.m. of the day of the election and shall
2753arrange the furniture, stationery, and voting equipment.
2754     (b)  The An election board shall conduct the voting,
2755beginning and closing at the time set forth in s. 100.011. If
2756more than one board has been appointed, the second board shall,
2757upon the closing of the polls, come on duty and count the votes
2758cast. In such case, the first board shall turn over to the
2759second board all closed ballot boxes, registration books, and
2760other records of the election at the time the boards change.
2761The second board shall continue counting until the count is
2762complete or until 7 a.m. the next morning, and, if the count is
2763not completed at that time, the first board that conducted the
2764election shall again report for duty and complete the count. The
2765second board shall turn over to the first board all ballots
2766counted, all ballots not counted, and all registration books and
2767other records and shall advise the first board as to what has
2768transpired in tabulating the results of the election.
2769     (5)  In precincts in which there are more than 1,000
2770registered electors, the supervisor of elections shall appoint
2771additional election boards necessary for the election.
2772     (6)  In any precinct in which there are fewer than 300
2773registered electors, it is not necessary to appoint two election
2774boards, but one such board will suffice. Such board shall be
2775composed of at least one inspector and one clerk.
2776     Section 53.  Subsections (1), (2), (3), and (5) of section
2777102.014, Florida Statutes, is amended to read:
2778     102.014  Poll worker recruitment and training.--
2779     (1)  The supervisor of elections shall conduct training for
2780inspectors, clerks, and deputy sheriffs prior to each primary,
2781general, and special election for the purpose of instructing
2782such persons in their duties and responsibilities as election
2783officials. The Division of Elections shall develop a statewide
2784uniform training curriculum for poll workers, and each
2785supervisor shall use such curriculum in training poll workers. A
2786certificate may be issued by the supervisor of elections to each
2787person completing such training. No person shall serve as an
2788inspector, clerk, or deputy sheriff for an election unless such
2789person has completed the training as required. A clerk may not
2790work at the polls unless he or she demonstrates a working
2791knowledge of the laws and procedures relating to voter
2792registration, voting system operation, balloting and polling
2793place procedures, and problem-solving and conflict-resolution
2794skills.
2795     (2)  A person who has attended previous training conducted
2796within 2 years before the election may be appointed by the
2797supervisor to fill a vacancy on an election board day.  If no
2798person with prior training is available to fill such vacancy,
2799the supervisor of elections may fill such vacancy in accordance
2800with the provisions of subsection (3) from among persons who
2801have not received the training required by this section.
2802     (3)  In the case of absence or refusal to act on the part
2803of any inspector or clerk at any precinct on the day of an
2804election, the supervisor shall appoint a replacement who meets
2805the qualifications prescribed in s. 102.012(2).  The inspector
2806or clerk so appointed shall be a member of the same political
2807party as the clerk or inspector whom he or she replaces.
2808     (5)  The Department of State shall create a uniform polling
2809place procedures manual and adopt the manual by rule. Each
2810supervisor of elections shall ensure that the manual is
2811available in hard copy or electronic form in every polling place
2812precinct in the supervisor's jurisdiction on election day. The
2813manual shall guide inspectors, clerks, and deputy sheriffs in
2814the proper implementation of election procedures and laws. The
2815manual shall be indexed by subject, and written in plain, clear,
2816unambiguous language. The manual shall provide specific examples
2817of common problems encountered at the polls on election day, and
2818detail specific procedures for resolving those problems. The
2819manual shall include, without limitation:
2820     (a)  Regulations governing solicitation by individuals and
2821groups at the polling place;
2822     (b)  Procedures to be followed with respect to voters whose
2823names are not on the precinct register;
2824     (c)  Proper operation of the voting system;
2825     (d)  Ballot handling procedures;
2826     (e)  Procedures governing spoiled ballots;
2827     (f)  Procedures to be followed after the polls close;
2828     (g)  Rights of voters at the polls;
2829     (h)  Procedures for handling emergency situations;
2830     (i)  Procedures for dealing with irate voters;
2831     (j)  The handling and processing of provisional ballots;
2832and
2833     (k)  Security procedures.
2834
2835The Department of State shall revise the manual as necessary to
2836address new procedures in law or problems encountered by voters
2837and poll workers at the precincts.
2838     Section 54.  Section 102.031, Florida Statutes, is amended
2839to read:
2840     102.031  Maintenance of good order at polls; authorities;
2841persons allowed in polling rooms and early voting areas;
2842unlawful solicitation of voters.--
2843     (1)  Each election board shall possess full authority to
2844maintain order at the polls and enforce obedience to its lawful
2845commands during an election and the canvass of the votes.
2846     (2)  The sheriff shall deputize a deputy sheriff for each
2847polling place and each early voting site who shall be present
2848during the time the polls or early voting sites are open and
2849until the election is completed, who shall be subject to all
2850lawful commands of the clerk or inspectors, and who shall
2851maintain good order. The deputy may summon assistance from among
2852bystanders to aid him or her when necessary to maintain peace
2853and order at the polls or early voting sites.
2854     (3)(a)  No person may enter any polling room or polling
2855place where the polling place is also a polling room, or any
2856early voting area during voting hours except the following:
2857     1.  Official poll watchers;
2858     2.  Inspectors;
2859     3.  Election clerks;
2860     4.  The supervisor of elections or his or her deputy;
2861     5.  Persons there to vote, persons in the care of a voter,
2862or persons caring for such voter;
2863     6.  Law enforcement officers or emergency service personnel
2864there with permission of the clerk or a majority of the
2865inspectors; or
2866     7.  A person, whether or not a registered voter, who is
2867assisting with or participating in a simulated election for
2868minors, as approved by the supervisor of elections.
2869     (b)  The restriction in this subsection does not apply
2870where the polling room is in an area commonly traversed by the
2871public in order to gain access to businesses or homes or in an
2872area traditionally utilized as a public area for discussion.
2873     (4)(a)(c)  No person, political committee, committee of
2874continuous existence, or other group or organization may solicit
2875voters inside the polling place or within 100 50 feet of the
2876entrance to any polling place, or polling room where the polling
2877place is also a polling room, or early voting site. Before the
2878opening of the polling place or early voting site, the clerk or
2879supervisor shall designate the no-solicitation zone and mark the
2880boundaries. on the day of any election.
2881     1.  Solicitation shall not be restricted if:
2882     a.  Conducted from a separately marked area within the 50-
2883foot zone so as not to disturb, hinder, impede, obstruct, or
2884interfere with voter access to the polling place or polling room
2885entrance; and
2886     b.  The solicitation activities and subject matter are
2887clearly and easily identifiable by the voters as an activity in
2888which they may voluntarily participate; or
2889     c.  Conducted on property within the 50-foot zone which is
2890a residence, established business, private property, sidewalk,
2891park, or property traditionally utilized as a public area for
2892discussion.
2893     2.  Solicitation shall not be permitted within the 50-foot
2894zone on a public sidewalk or other similar means of access to
2895the polling room if it is clearly identifiable to the poll
2896workers that the solicitation is impeding, obstructing, or
2897interfering with voter access to the polling room or polling
2898place.
2899     (b)(d)  For the purpose of this subsection, the term
2900"solicit" shall include, but not be limited to, seeking or
2901attempting to seek any vote, fact, opinion, or contribution;
2902distributing or attempting to distribute any political or
2903campaign material, leaflet, or handout; conducting a poll;
2904seeking or attempting to seek a signature on any petition; and
2905selling or attempting to sell any item.
2906     (c)(e)  Each supervisor of elections shall inform the clerk
2907of each precinct of the area within which soliciting is
2908unlawful, based on the particular characteristics of that
2909polling place. The supervisor or the clerk may take any
2910reasonable action necessary to ensure order at the polling
2911places, including, but not limited to, which shall include:
2912     1.  Designating a specific area for soliciting pursuant to
2913paragraph (c) of this subsection, or
2914     2.  having disruptive and unruly persons removed by law
2915enforcement officers from the polling room or place or from the
2916100-foot 50-foot zone surrounding the polling place.
2917     (5)  No photography is permitted in the polling room or
2918early voting area.
2919     Section 55.  Section 102.071, Florida Statutes, is amended
2920to read:
2921     102.071  Tabulation of votes and proclamation of results
2922where ballots are used.--The election board shall post at the
2923polls, for the benefit of the public, the results of the voting
2924for each office or other item on the ballot as the count is
2925completed. Upon completion of all counts in all races, a
2926certificate triplicate certificates of the results shall be
2927drawn up by the inspectors and clerk at each precinct upon a
2928form provided by the supervisor of elections which shall contain
2929the name of each person voted for, for each office, and the
2930number of votes cast for each person for such office; and, if
2931any question is submitted, the certificate shall also contain
2932the number of votes cast for and against the question. The
2933certificate shall be signed by the inspectors and clerk, and one
2934of the certificates shall be delivered without delay by one of
2935the inspectors, securely sealed, to the supervisor for immediate
2936publication; the duplicate copy of the certificate shall be
2937delivered to the county court judge; and the remaining copy
2938shall be enclosed in the ballot box together with the oaths of
2939inspectors and clerks. All the ballot boxes, ballots, ballot
2940stubs, memoranda, and papers of all kinds used in the election
2941shall also be transmitted, after being sealed by the inspectors,
2942to with the certificates of result of the election to be filed
2943in the supervisor's office. Registration books and the poll
2944lists shall not be placed in the ballot boxes but shall be
2945returned to the supervisor.
2946     Section 56.  Section 102.111, Florida Statutes, is amended
2947to read:
2948     102.111  Elections Canvassing Commission.--
2949     (1)  The Elections Canvassing Commission shall consist of
2950the Governor and two members of the Cabinet selected by the
2951Governor. If a member of the Elections Canvassing Commission is
2952unable to serve for any reason, the Governor shall appoint a
2953remaining member of the Cabinet. If there is a further vacancy,
2954the remaining members of the commission shall agree on another
2955elected official to fill the vacancy. The Elections Canvassing
2956Commission shall, as soon as the official results are compiled
2957from all counties, certify the returns of the election and
2958determine and declare who has been elected for each federal,
2959state, and multicounty office. If a member of a county
2960canvassing board that was constituted pursuant to s. 102.141
2961determines, within 5 days after the certification by the
2962Elections Canvassing Commission, that a typographical error
2963occurred in the official returns of the county, the correction
2964of which could result in a change in the outcome of an election,
2965the county canvassing board must certify corrected returns to
2966the Department of State within 24 hours, and the Elections
2967Canvassing Commission must correct and recertify the election
2968returns as soon as practicable.
2969     (2)  The Division of Elections shall provide the staff
2970services required by the Elections Canvassing Commission.
2971     Section 57.  Section 102.112, Florida Statutes, is amended
2972to read:
2973     102.112  Deadline for submission of county returns to the
2974Department of State.--
2975     (1)  The county canvassing board or a majority thereof
2976shall file the county returns for the election of a federal or
2977state officer with the Department of State immediately after
2978certification of the election results. The returns must contain
2979a certification by the canvassing board that the board has
2980reconciled the number of persons who voted with the number of
2981ballots counted and that the certification includes all valid
2982votes cast in the election.
2983     (2)  Returns must be filed by 5 p.m. on the 7th day
2984following a primary election and by 5 p.m. on the 11th day
2985following the general election. However, the Department of State
2986may correct typographical errors, including the transposition of
2987numbers, in any returns submitted to the Department of State
2988pursuant to s. 102.111(1).
2989     (3)  If the returns are not received by the department by
2990the time specified, such returns shall be ignored and the
2991results on file at that time shall be certified by the
2992department.
2993     (4)  If the returns are not received by the department due
2994to an emergency, as defined in s. 101.732, the Elections
2995Canvassing Commission shall determine the deadline by which the
2996returns must be received.
2997     Section 58.  Section 102.141, Florida Statutes, is amended
2998to read:
2999     102.141  County canvassing board; duties.--
3000     (1)  The county canvassing board shall be composed of the
3001supervisor of elections; a county court judge, who shall act as
3002chair; and the chair of the board of county commissioners. In
3003the event any member of the county canvassing board is unable to
3004serve, is a candidate who has opposition in the election being
3005canvassed, or is an active participant in the campaign or
3006candidacy of any candidate who has opposition in the election
3007being canvassed, such member shall be replaced as follows:
3008     (a)  If no county court judge is able to serve or if all
3009are disqualified, the chief judge of the judicial circuit in
3010which the county is located shall appoint as a substitute member
3011a qualified elector of the county who is not a candidate with
3012opposition in the election being canvassed and who is not an
3013active participant in the campaign or candidacy of any candidate
3014with opposition in the election being canvassed.  In such event,
3015the members of the county canvassing board shall meet and elect
3016a chair.
3017     (b)  If the supervisor of elections is unable to serve or
3018is disqualified, the chair of the board of county commissioners
3019shall appoint as a substitute member a member of the board of
3020county commissioners who is not a candidate with opposition in
3021the election being canvassed and who is not an active
3022participant in the campaign or candidacy of any candidate with
3023opposition in the election being canvassed.  The supervisor,
3024however, shall act in an advisory capacity to the canvassing
3025board.
3026     (c)  If the chair of the board of county commissioners is
3027unable to serve or is disqualified, the board of county
3028commissioners shall appoint as a substitute member one of its
3029members who is not a candidate with opposition in the election
3030being canvassed and who is not an active participant in the
3031campaign or candidacy of any candidate with opposition in the
3032election being canvassed.
3033     (d)  If a substitute member cannot be appointed as provided
3034elsewhere in this subsection, the chief judge of the judicial
3035circuit in which the county is located shall appoint as a
3036substitute member a qualified elector of the county who is not a
3037candidate with opposition in the election being canvassed and
3038who is not an active participant in the campaign or candidacy of
3039any candidate with opposition in the election being canvassed.
3040     (2)  The county canvassing board shall meet in a building
3041accessible to the public in the county where the election
3042occurred at a time and place to be designated by the supervisor
3043of elections to publicly canvass the absentee electors' ballots
3044as provided for in s. 101.68 and provisional ballots as provided
3045by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
3046pursuant to s. 101.049 shall be canvassed in a manner that votes
3047for candidates and issues on those ballots can be segregated
3048from other votes. Public notice of the time and place at which
3049the county canvassing board shall meet to canvass the absentee
3050electors' ballots and provisional ballots shall be given at
3051least 48 hours prior thereto by publication once in one or more
3052newspapers of general circulation in the county or, if there is
3053no newspaper of general circulation in the county, by posting
3054such notice in at least four conspicuous places in the county.
3055As soon as the absentee electors' ballots and the provisional
3056ballots are canvassed, the board shall proceed to publicly
3057canvass the vote given each candidate, nominee, constitutional
3058amendment, or other measure submitted to the electorate of the
3059county, as shown by the returns then on file in the office of
3060the supervisor of elections and the office of the county court
3061judge.
3062     (3)  The canvass, except the canvass of absentee electors'
3063returns and the canvass of provisional ballots, shall be made
3064from the returns and certificates of the inspectors as signed
3065and filed by them with the county court judge and supervisor,
3066respectively, and the county canvassing board shall not change
3067the number of votes cast for a candidate, nominee,
3068constitutional amendment, or other measure submitted to the
3069electorate of the county, respectively, in any polling place, as
3070shown by the returns.  All returns shall be made to the board on
3071or before 2 a.m. of the day following any primary, general,
3072special, or other election.  If the returns from any precinct
3073are missing, if there are any omissions on the returns from any
3074precinct, or if there is an obvious error on any such returns,
3075the canvassing board shall order a retabulation recount of the
3076returns from such precinct.  Before canvassing such returns, the
3077canvassing board shall examine the tabulation of the ballots
3078cast in such precinct and determine whether the returns
3079correctly reflect the votes cast.  If there is a discrepancy
3080between the returns and the tabulation of the ballots cast, the
3081tabulation of the ballots cast shall be presumed correct and
3082such votes shall be canvassed accordingly.
3083     (4)  The canvassing board shall submit on forms or in
3084formats provided by the division unofficial returns to the
3085Department of State for each federal, statewide, state, or
3086multicounty office or ballot measure no later than noon on the
3087third second day after any primary election and no later than
3088noon on the fifth day after any, general, special, or other
3089election.  Such returns shall include the canvass of all ballots
3090as required by subsection (2), except for provisional ballots,
3091which returns shall be reported at the time required for
3092official returns pursuant to s. 102.112(2).
3093     (5)  If the county canvassing board determines that the
3094unofficial returns may contain a counting error in which the
3095vote tabulation system failed to count votes that were properly
3096marked in accordance with the instructions on the ballot, the
3097county canvassing board shall:
3098     (a)  Correct the error and retabulate recount the affected
3099ballots with the vote tabulation system; or
3100     (b)  Request that the Department of State verify the
3101tabulation software.  When the Department of State verifies such
3102software, the department shall compare the software used to
3103tabulate the votes with the software filed with the department
3104pursuant to s. 101.5607 and check the election parameters.
3105     (6)  If the unofficial returns reflect that a candidate for
3106any office was defeated or eliminated by one-half of a percent
3107or less of the votes cast for such office, that a candidate for
3108retention to a judicial office was retained or not retained by
3109one-half of a percent or less of the votes cast on the question
3110of retention, or that a measure appearing on the ballot was
3111approved or rejected by one-half of a percent or less of the
3112votes cast on such measure, the board responsible for certifying
3113the results of the vote on such race or measure shall order a
3114recount of the votes cast with respect to such office or
3115measure. The Elections Canvassing Commission is the board
3116responsible for ordering federal, state, and multi county
3117recounts. A recount need not be ordered with respect to the
3118returns for any office, however, if the candidate or candidates
3119defeated or eliminated from contention for such office by one-
3120half of a percent or less of the votes cast for such office
3121request in writing that a recount not be made.
3122     (a)  In counties with voting systems that use paper
3123ballots, Each canvassing board responsible for conducting a
3124recount shall put each marksense ballot through automatic
3125tabulating equipment and determine whether the returns correctly
3126reflect the votes cast. If any marksense paper ballot is
3127physically damaged so that it cannot be properly counted by the
3128automatic tabulating equipment during the recount, a true
3129duplicate shall be made of the damaged ballot pursuant to the
3130procedures in s. 101.5614(5). Immediately before the start of
3131the recount and after completion of the count, a test of the
3132tabulating equipment shall be conducted as provided in s.
3133101.5612. If the test indicates no error, the recount tabulation
3134of the ballots cast shall be presumed correct and such votes
3135shall be canvassed accordingly. If an error is detected, the
3136cause therefor shall be ascertained and corrected and the
3137recount repeated, as necessary. The canvassing board shall
3138immediately report the error, along with the cause of the error
3139and the corrective measures being taken, to the Department of
3140State. No later than 11 days after the election, the canvassing
3141board shall file a separate incident report with the Department
3142of State, detailing the resolution of the matter and identifying
3143any measures that will avoid a future recurrence of the error.
3144     (b)  In counties with voting systems that do not use paper
3145ballots, Each canvassing board responsible for conducting a
3146recount where touchscreen ballots were used shall examine the
3147counters on the precinct tabulators to ensure that the total of
3148the returns on the precinct tabulators equals the overall
3149election return. If there is a discrepancy between the overall
3150election return and the counters of the precinct tabulators, the
3151counters of the precinct tabulators shall be presumed correct
3152and such votes shall be canvassed accordingly.
3153     (c)  The canvassing board shall submit on forms or in
3154formats provided by the division a second set of unofficial
3155returns to the Department of State for each federal, statewide,
3156state, or multicounty office or ballot measure no later than 3
3157p.m. noon on the fifth third day after any primary election and
3158no later than 3 p.m. on the eighth day after any general
3159election in which a recount was conducted pursuant to this
3160subsection. If the canvassing board is unable to complete the
3161recount prescribed in this subsection by the deadline, the
3162second set of unofficial returns submitted by the canvassing
3163board shall be identical to the initial unofficial returns and
3164the submission shall also include a detailed explanation of why
3165it was unable to timely complete the recount. However, the
3166canvassing board shall complete the recount prescribed in this
3167subsection, along with any manual recount prescribed in s.
3168102.166, and certify election returns in accordance with the
3169requirements of this chapter.
3170     (d)  The Department of State shall adopt detailed rules
3171prescribing additional recount procedures for each certified
3172voting system, which shall be uniform to the extent practicable.
3173     (7)  The canvassing board may employ such clerical help to
3174assist with the work of the board as it deems necessary, with at
3175least one member of the board present at all times, until the
3176canvass of the returns is completed. The clerical help shall be
3177paid from the same fund as inspectors and other necessary
3178election officials.
3179     (8)(a)  At the same time that the official results of an
3180election are certified to the Department of State, the county
3181canvassing board shall file a report with the Division of
3182Elections on the conduct of the election. The report must
3183describe:
3184     1.  All equipment or software malfunctions at the precinct
3185level, at a counting location, or within computer and
3186telecommunications networks supporting a county location, and
3187the steps that were taken to address the malfunctions;
3188     2.  All election definition errors that were discovered
3189after the logic and accuracy test, and the steps that were taken
3190to address the errors;
3191     3.  All ballot printing errors or ballot supply problems,
3192and the steps that were taken to address the errors or problems;
3193     4.  All staffing shortages or procedural violations by
3194employees or precinct workers which were addressed by the
3195supervisor of elections or the county canvassing board during
3196the conduct of the election, and the steps that were taken to
3197correct such issues;
3198     5.  All instances where needs for staffing or equipment
3199were insufficient to meet the needs of the voters; and
3200     6.  Any additional information regarding material issues or
3201problems associated with the conduct of the election.
3202     (b)  If a supervisor discovers new or additional
3203information on any of the items required to be included in the
3204report pursuant to paragraph (a) after the report is filed, the
3205supervisor shall notify the division that new information has
3206been discovered no later than the next business day after the
3207discovery and the supervisor shall file an amended report signed
3208by the supervisor of elections on the conduct of the election
3209within 10 days after the discovery. shall contain information
3210relating to any problems incurred as a result of equipment
3211malfunctions either at the precinct level or at a counting
3212location, any difficulties or unusual circumstances encountered
3213by an election board or the canvassing board, and any other
3214additional information which the canvassing board feels should
3215be made a part of the official election record.
3216     (c)  Such reports shall be maintained on file in the
3217Division of Elections and shall be available for public
3218inspection. The division shall utilize the reports submitted by
3219the canvassing boards to determine what problems may be likely
3220to occur in other elections and disseminate such information,
3221along with possible solutions, to the supervisors of elections.
3222     (9)  The supervisor shall file with the department a copy
3223of or an export file from the results database of the county's
3224voting system and other statistical information as may be
3225required by the department, the Legislature, or the Election
3226Assistance Commission. The department shall adopt rules
3227establishing the required content and acceptable formats for the
3228filings and time for filings.
3229     Section 59.  Section 102.166, Florida Statutes, is amended
3230to read:
3231     102.166  Manual recounts.--
3232     (1)  If the second set of unofficial returns pursuant to s.
3233102.141 indicates that a candidate for any office was defeated
3234or eliminated by one-quarter of a percent or less of the votes
3235cast for such office, that a candidate for retention to a
3236judicial office was retained or not retained by one-quarter of a
3237percent or less of the votes cast on the question of retention,
3238or that a measure appearing on the ballot was approved or
3239rejected by one-quarter of a percent or less of the votes cast
3240on such measure, the board responsible for certifying the
3241results of the vote on such race or measure shall order a manual
3242recount of the overvotes and undervotes cast in the entire
3243geographic jurisdiction of such office or ballot measure. A
3244manual recount may not be ordered, however, if the number of
3245overvotes, undervotes, and provisional ballots is fewer than the
3246number of votes needed to change the outcome of the election.
3247     (2)(a)  If the second set of unofficial returns pursuant to
3248s. 102.141 indicates that a candidate for any office was
3249defeated or eliminated by between one-quarter and one-half of a
3250percent of the votes cast for such office, that a candidate for
3251retention to judicial office was retained or not retained by
3252between one-quarter and one-half of a percent of the votes cast
3253on the question of retention, or that a measure appearing on the
3254ballot was approved or rejected by between one-quarter and one-
3255half of a percent of the votes cast on such measure, any such
3256candidate, the political party of such candidate, or any
3257political committee that supports or opposes such ballot measure
3258is entitled to a manual recount of the overvotes and undervotes
3259cast in the entire geographic jurisdiction of such office or
3260ballot measure, provided that a request for a manual recount is
3261made by 5 p.m. on the third day after the election.
3262     (b)  For federal, statewide, state, and multicounty races
3263and ballot issues, requests for a manual recount shall be made
3264in writing to the state Elections Canvassing Commission.  For
3265all other races and ballot issues, requests for a manual recount
3266shall be made in writing to the county canvassing board.
3267     (c)  Upon receipt of a proper and timely request, the
3268Elections Canvassing Commission or county canvassing board shall
3269immediately order a manual recount of overvotes and undervotes
3270in all affected jurisdictions.
3271     (2)(3)(a)  Any hardware or software used to identify and
3272sort overvotes and undervotes for a given race or ballot measure
3273must be certified by the Department of State as part of the
3274voting system pursuant to s. 101.015. Any such hardware or
3275software must be capable of simultaneously counting votes. For
3276certified voting systems, the department shall certify such
3277hardware or software by July 1, 2002. If the department is
3278unable to certify such hardware or software for a certified
3279voting system by July 1, 2002, the department shall adopt rules
3280prescribing procedures for identifying and sorting such
3281overvotes and undervotes. The department's rules may provide for
3282the temporary use of hardware or software whose sole function is
3283identifying and sorting overvotes and undervotes.
3284     (b)  This subsection does not preclude the department from
3285certifying hardware or software after July 1, 2002.
3286     (b)(c)  Overvotes and undervotes shall be identified and
3287sorted while recounting ballots pursuant to s. 102.141, if the
3288hardware or software for this purpose has been certified or the
3289department's rules so provide.
3290     (3)(4)  Any manual recount shall be open to the public.
3291     (4)(5)(a)  A vote for a candidate or ballot measure shall
3292be counted if there is a clear indication on the ballot that the
3293voter has made a definite choice.
3294     (b)  The Department of State shall adopt specific rules for
3295each certified voting system prescribing what constitutes a
3296"clear indication on the ballot that the voter has made a
3297definite choice."  The rules may not:
3298     1.  Exclusively provide that the voter must properly mark
3299or designate his or her choice on the ballot; or
3300     2.  Contain a catch-all provision that fails to identify
3301specific standards, such as "any other mark or indication
3302clearly indicating that the voter has made a definite choice."
3303     (5)(6)  Procedures for a manual recount are as follows:
3304     (a)  The county canvassing board shall appoint as many
3305counting teams of at least two electors as is necessary to
3306manually recount the ballots. A counting team must have, when
3307possible, members of at least two political parties. A candidate
3308involved in the race shall not be a member of the counting team.
3309     (b)  Each duplicate ballot prepared pursuant to s.
3310101.5614(5) or s. 102.141(6) shall be compared with the original
3311ballot to ensure the correctness of the duplicate.
3312     (c)  If a counting team is unable to determine whether the
3313ballot contains a clear indication that the voter has made a
3314definite choice, the ballot shall be presented to the county
3315canvassing board for a determination.
3316     (d)  The Department of State shall adopt detailed rules
3317prescribing additional recount procedures for each certified
3318voting system which shall be uniform to the extent practicable.
3319The rules shall address, at a minimum, the following areas:
3320     1.  Security of ballots during the recount process;
3321     2.  Time and place of recounts;
3322     3.  Public observance of recounts;
3323     4.  Objections to ballot determinations;
3324     5.  Record of recount proceedings; and
3325     6.  Procedures relating to candidate and petitioner
3326representatives.
3327     Section 60.  Subsections (2) and (4) of section 102.168,
3328Florida Statutes, are amended to read:
3329     102.168  Contest of election.--
3330     (2)  Such contestant shall file a complaint, together with
3331the fees prescribed in chapter 28, with the clerk of the circuit
3332court within 10 days after midnight of the date the last board
3333responsible for certifying the results officially county
3334canvassing board empowered to canvass the returns certifies the
3335results of the election being contested.
3336     (4)  The county canvassing board is an indispensable and or
3337Elections Canvassing Commission shall be the proper party
3338defendant in county and local elections; the Elections
3339Canvassing Commission is an indispensable and proper party
3340defendant in federal, state, and multicounty races;, and the
3341successful candidate is shall be an indispensable party to any
3342action brought to contest the election or nomination of a
3343candidate.
3344     Section 61.  Subsections (1) and (4) of section 103.021,
3345Florida Statutes, are amended to read:
3346     103.021  Nomination for presidential electors.--Candidates
3347for presidential electors shall be nominated in the following
3348manner:
3349     (1)  The Governor shall nominate the presidential electors
3350of each political party. The state executive committee of each
3351political party shall by resolution recommend candidates for
3352presidential electors and deliver a certified copy thereof to
3353the Governor before September 1 of each presidential election
3354year. The Governor He or she shall nominate only the electors
3355recommended by the state executive committee of the respective
3356political party.  Each such elector shall be a qualified elector
3357of the party he or she represents who has taken an oath that he
3358or she will vote for the candidates of the party that he or she
3359is nominated to represent.  The Governor shall certify to the
3360Department of State on or before September 1, in each
3361presidential election year, the names of a number of electors
3362for each political party equal to the number of senators and
3363representatives which this state has in Congress.
3364     (4)(a)  A minor political party that is affiliated with a
3365national party holding a national convention to nominate
3366candidates for President and Vice President of the United States
3367may have the names of its candidates for President and Vice
3368President of the United States printed on the general election
3369ballot by filing with the Department of State a certificate
3370naming the candidates for President and Vice President and
3371listing the required number of persons to serve as electors.
3372Notification to the Department of State under this subsection
3373shall be made by September 1 of the year in which the election
3374is held.  When the Department of State has been so notified, it
3375shall order the names of the candidates nominated by the minor
3376political party to be included on the ballot and shall permit
3377the required number of persons to be certified as electors in
3378the same manner as other party candidates. As used in this
3379section, the term "national party" means a political party
3380established and admitted to the ballot in at least one state
3381other than Florida.
3382     (b)  A minor political party that is not affiliated with a
3383national party holding a national convention to nominate
3384candidates for President and Vice President of the United States
3385may have the names of its candidates for President and Vice
3386President printed on the general election ballot if a petition
3387is signed by 1 percent of the registered electors of this state,
3388as shown by the compilation by the Department of State for the
3389preceding general election.  A separate petition from each
3390county for which signatures are solicited shall be submitted to
3391the supervisors of elections of the respective county no later
3392than July 15 of each presidential election year.  The supervisor
3393shall check the names and, on or before the date of the first
3394primary, shall certify the number shown as registered electors
3395of the county. The supervisor shall be paid by the person
3396requesting the certification the cost of checking the petitions
3397as prescribed in s. 99.097.  The supervisor shall then forward
3398the certificate to the Department of State, which shall
3399determine whether or not the percentage factor required in this
3400section has been met.  When the percentage factor required in
3401this section has been met, the Department of State shall order
3402the names of the candidates for whom the petition was circulated
3403to be included on the ballot and shall permit the required
3404number of persons to be certified as electors in the same manner
3405as other party candidates.
3406     Section 62.  Section 103.051, Florida Statutes, is amended
3407to read:
3408     103.051  Congress sets meeting dates of electors.--The
3409presidential electors shall, at noon on the day that which is
3410directed by Congress and at the time fixed by the Governor, meet
3411at Tallahassee and perform the duties required of them by the
3412Constitution and laws of the United States.
3413     Section 63.  Section 103.061, Florida Statutes, is amended
3414to read:
3415     103.061  Meeting of electors and filling of vacancies.--
3416Each presidential elector shall, before 10 a.m. on the day fixed
3417by Congress to elect a President and Vice President and at the
3418time fixed by the Governor, give notice to the Governor that the
3419elector is in Tallahassee and ready to perform the duties of
3420presidential elector.  The Governor shall forthwith deliver to
3421the presidential electors present a certificate of the names of
3422all the electors; and if, on examination thereof, it should be
3423found that one or more electors are absent, the electors present
3424shall elect by ballot, in the presence of the Governor, a person
3425or persons to fill such vacancy or vacancies as may have
3426occurred through the nonattendance of one or more of the
3427electors.
3428     Section 64.  Section 103.121, Florida Statutes, is amended
3429to read:
3430     103.121  Powers and duties of executive committees.--
3431     (1)(a)  Each state and county executive committee of a
3432political party shall have the power and duty:
3433     1.  To adopt a constitution by two-thirds vote of the full
3434committee.
3435     2.  To adopt such bylaws as it may deem necessary by
3436majority vote of the full committee.
3437     3.  To conduct its meetings according to generally accepted
3438parliamentary practice.
3439     4.  To make party nomination when required by law.
3440     5.  To conduct campaigns for party nominees.
3441     6.  To raise and expend party funds.  Such funds may not be
3442expended or committed to be expended except after written
3443authorization by the chair of the state or county executive
3444committee.
3445     (b)  Except as otherwise provided in subsection (5), The
3446county executive committee shall receive payment of assessments
3447upon candidates to be voted for in a single county except state
3448senators and members of the House of Representatives and
3449representatives to the Congress of the United States; and the
3450state executive committees shall receive all other assessments
3451authorized. All party assessments shall be 2 percent of the
3452annual salary of the office sought by the respective candidate.  
3453All such committee assessments shall be remitted to the state
3454executive committee of the appropriate party and distributed in
3455accordance with subsection (5) (6).
3456     (2)  The state executive committee shall by resolution
3457recommend candidates for presidential electors and deliver a
3458certified copy thereof to the Governor prior to September 1 of
3459each presidential election year.
3460     (2)(3)  The chair and treasurer of an executive committee
3461of any political party shall be accountable for the funds of
3462such committee and jointly liable for their proper expenditure
3463for authorized purposes only.  The chair and treasurer of the
3464state executive committee of any political party shall furnish
3465adequate bond, but not less than $10,000, conditioned upon the
3466faithful performance by such party officers of their duties and
3467for the faithful accounting for party funds which shall come
3468into their hands; and the chair and treasurer of a county
3469executive committee of a political party shall furnish adequate
3470bond, but not less than $5,000, conditioned as aforesaid.  A
3471bond for the chair and treasurer of the state executive
3472committee of a political party shall be filed with the
3473Department of State.  A bond for the chair and treasurer of a
3474county executive committee shall be filed with the supervisor of
3475elections. The funds of each such state executive committee
3476shall be publicly audited at the end of each calendar year and a
3477copy of such audit furnished to the Department of State for its
3478examination prior to April 1 of the ensuing year.  When filed
3479with the Department of State, copies of such audit shall be
3480public documents.  The treasurer of each county executive
3481committee shall maintain adequate records evidencing receipt and
3482disbursement of all party funds received by him or her, and such
3483records shall be publicly audited at the end of each calendar
3484year and a copy of such audit filed with the supervisor of
3485elections and the state executive committee prior to April 1 of
3486the ensuing year.
3487     (3)(4)  Any chair or treasurer of a state or county
3488executive committee of any political party who knowingly
3489misappropriates, or makes an unlawful expenditure of, or a false
3490or improper accounting for, the funds of such committee is
3491guilty of a felony of the third degree, punishable as provided
3492in s. 775.082, s. 775.083, or s. 775.084.
3493     (4)(5)(a)  The central committee or other equivalent
3494governing body of each state executive committee shall adopt a
3495rule which governs the time and manner in which the respective
3496county executive committees of such party may endorse, certify,
3497screen, or otherwise recommend one or more candidates for such
3498party's nomination for election.  Upon adoption, such rule shall
3499provide the exclusive method by which a county committee may so
3500endorse, certify, screen, or otherwise recommend.  No later than
3501the date on which qualifying for public office begins pursuant
3502to s. 99.061, the chair of each county executive committee shall
3503notify in writing the supervisor of elections of his or her
3504county whether the county executive committee has endorsed or
3505intends to endorse, certify, screen, or otherwise recommend
3506candidates for nomination pursuant to party rule.  A copy of
3507such notification shall be provided to the Secretary of State
3508and to the chair of the appropriate state executive committee.
3509Any county executive committee that endorses or intends to
3510endorse, certify, screen, or otherwise recommend one or more
3511candidates for nomination shall forfeit all party assessments
3512which would otherwise be returned to the county executive
3513committee; and such assessments shall be remitted instead to the
3514state executive committee of such party, the provisions of
3515paragraph (1)(b) to the contrary notwithstanding. No such funds
3516so remitted to the state executive committee shall be paid,
3517returned, or otherwise disbursed to the county executive
3518committee under any circumstances. Any county executive
3519committee that is in violation of any party rule after receiving
3520the party assessment shall remit such party assessment to the
3521state executive committee.
3522     (b)  Any state executive committee that endorses or intends
3523to endorse, certify, screen, or otherwise recommend one or more
3524candidates for nomination shall forfeit all party assessments
3525which would otherwise be returned to the state executive
3526committee; and such assessments shall be remitted instead to the
3527General Revenue Fund of the state.  Any state executive
3528committee that is in violation of this section after receiving
3529the party assessment shall remit such party assessment to the
3530General Revenue Fund of the state.
3531     (5)(6)  The state chair of each state executive committee
3532shall return the 2-percent committee assessment for county
3533candidates to the appropriate county executive committees only
3534upon receipt of a written statement that such county executive
3535committee chooses not to endorse, certify, screen, or otherwise
3536recommend one or more candidates for such party's nomination for
3537election and upon the state chair's determination that the
3538county executive committee is in compliance with all Florida
3539statutes and all state party rules, bylaws, constitutions, and
3540requirements.
3541     Section 65.  Section 105.031, Florida Statutes, is amended
3542to read:
3543     105.031  Qualification; filing fee; candidate's oath; items
3544required to be filed.--
3545     (1)  TIME OF QUALIFYING.--Except for candidates for
3546judicial office, nonpartisan candidates for multicounty office
3547shall qualify with the Division of Elections of the Department
3548of State and nonpartisan candidates for countywide or less than
3549countywide office shall qualify with the supervisor of
3550elections. Candidates for judicial office other than the office
3551of county court judge shall qualify with the Division of
3552Elections of the Department of State, and candidates for the
3553office of county court judge shall qualify with the supervisor
3554of elections of the county.  Candidates for judicial office
3555shall qualify no earlier than noon of the 120th day, and no
3556later than noon of the 116th day, before the first primary
3557election. Candidates for the office of school board member shall
3558qualify no earlier than noon of the 50th day, and no later than
3559noon of the 46th day, before the first primary election.  Filing
3560shall be on forms provided for that purpose by the Division of
3561Elections and furnished by the appropriate qualifying officer.
3562Any person seeking to qualify by the petition process
3563alternative method, as set forth in s. 105.035, who if the
3564person has submitted the necessary petitions by the required
3565deadline and is notified after the fifth day prior to the last
3566day for qualifying that the required number of signatures has
3567been obtained, shall be entitled to subscribe to the candidate's
3568oath and file the qualifying papers at any time within 5 days
3569from the date he or she is notified that the necessary number of
3570signatures has been obtained.  Any person other than a write-in
3571candidate who qualifies within the time prescribed in this
3572subsection shall be entitled to have his or her name printed on
3573the ballot.
3574     (2)  FILING IN GROUPS OR DISTRICTS.--Candidates shall
3575qualify in groups or districts where multiple offices are to be
3576filled.
3577     (3)  QUALIFYING FEE.--Each candidate qualifying for
3578election to a judicial office or the office of school board
3579member, except write-in judicial or school board candidates,
3580shall, during the time for qualifying, pay to the officer with
3581whom he or she qualifies a qualifying fee, which shall consist
3582of a filing fee and an election assessment, or qualify by the
3583petition process alternative method. The amount of the filing
3584fee is 3 percent of the annual salary of the office sought. The
3585amount of the election assessment is 1 percent of the annual
3586salary of the office sought.  The Department of State shall
3587forward all filing fees to the Department of Revenue for deposit
3588in the Elections Commission Trust Fund.  The supervisor of
3589elections shall forward all filing fees to the Elections
3590Commission Trust Fund.  The election assessment shall be
3591deposited into the Elections Commission Trust Fund.  The annual
3592salary of the office for purposes of computing the qualifying
3593fee shall be computed by multiplying 12 times the monthly salary
3594authorized for such office as of July 1 immediately preceding
3595the first day of qualifying.  This subsection shall not apply to
3596candidates qualifying for retention to judicial office.
3597     (4)  CANDIDATE'S OATH.--
3598     (a)  All candidates for the office of school board member
3599shall subscribe to the oath as prescribed in s. 99.021.
3600     (b)  All candidates for judicial office shall subscribe to
3601an oath or affirmation in writing to be filed with the
3602appropriate qualifying officer upon qualifying.  A printed copy
3603of the oath or affirmation shall be furnished to the candidate
3604by the qualifying officer and shall be in substantially the
3605following form:  
3606
3607State of Florida  
3608County of ....
3609     Before me, an officer authorized to administer oaths,
3610personally appeared ...(please print name as you wish it to
3611appear on the ballot)..., to me well known, who, being sworn,
3612says he or she:  is a candidate for the judicial office of ....;
3613that his or her legal residence is .... County, Florida; that he
3614or she is a qualified elector of the state and of the
3615territorial jurisdiction of the court to which he or she seeks
3616election; that he or she is qualified under the constitution and
3617laws of Florida to hold the judicial office to which he or she
3618desires to be elected or in which he or she desires to be
3619retained; that he or she has taken the oath required by ss.
3620876.05-876.10, Florida Statutes; that he or she has qualified
3621for no other public office in the state, the term of which
3622office or any part thereof runs concurrent to the office he or
3623she seeks; and that he or she has resigned from any office which
3624he or she is required to resign pursuant to s. 99.012, Florida
3625Statutes.  
3626...(Signature of candidate)...
3627...(Address)...
3628
3629Sworn to and subscribed before me this .... day of ....,
3630...(year)..., at .... County, Florida.  
3631...(Signature and title of officer administering oath)...
3632
3633     (5)  ITEMS REQUIRED TO BE FILED.--
3634     (a)  In order for a candidate for judicial office or the
3635office of school board member to be qualified, the following
3636items must be received by the filing officer by the end of the
3637qualifying period:
3638     1.  Except for candidates for retention to judicial office,
3639a properly executed check drawn upon the candidate's campaign
3640account in an amount not less than the fee required by
3641subsection (3) or, in lieu thereof, the copy of the notice of
3642obtaining ballot position pursuant to s. 105.035. If a
3643candidate's check is returned by the bank for any reason, the
3644filing officer shall immediately notify the candidate and the
3645candidate shall, the end of qualifying notwithstanding, have 48
3646hours from the time such notification is received, excluding
3647Saturdays, Sundays, and legal holidays, to pay the fee with a
3648cashier's check purchased from funds of the campaign account.  
3649Failure to pay the fee as provided in this subparagraph shall
3650disqualify the candidate.
3651     2.  The candidate's oath required by subsection (4), which
3652must contain the name of the candidate as it is to appear on the
3653ballot; the office sought, including the district or group
3654number if applicable; and the signature of the candidate, duly
3655acknowledged.
3656     3.  The loyalty oath required by s. 876.05, signed by the
3657candidate and duly acknowledged.
3658     4.  The completed form for the appointment of campaign
3659treasurer and designation of campaign depository, as required by
3660s. 106.021. In addition, each candidate for judicial office,
3661including an incumbent judge, shall file a statement with the
3662qualifying officer, within 10 days after filing the appointment
3663of campaign treasurer and designation of campaign depository,
3664stating that the candidate has read and understands the
3665requirements of the Florida Code of Judicial Conduct. Such
3666statement shall be in substantially the following form:  
3667
3668
Statement of Candidate for Judicial Office
3669
3670I, ...(name of candidate)..., a judicial candidate, have
3671received, read, and understand the requirements of the Florida
3672Code of Judicial Conduct.  
3673...(Signature of candidate)...
3674...(Date)...
3675
3676     5.  The full and public disclosure of financial interests
3677required by s. 8, Art. II of the State Constitution or the
3678statement of financial interests required by s. 112.3145,
3679whichever is applicable. A public officer who has filed the full
3680and public disclosure or statement of financial interests with
3681the Commission on Ethics or the supervisor of elections prior to
3682qualifying for office may file a copy of that disclosure at the
3683time of qualifying.
3684     (b)  If the filing officer receives qualifying papers that
3685do not include all items as required by paragraph (a) prior to
3686the last day of qualifying, the filing officer shall make a
3687reasonable effort to notify the candidate of the missing or
3688incomplete items and shall inform the candidate that all
3689required items must be received by the close of qualifying.  A
3690candidate's name as it is to appear on the ballot may not be
3691changed after the end of qualifying.
3692     (6)  Notwithstanding the qualifying period prescribed in
3693this section, a filing officer may accept and hold qualifying
3694papers submitted not earlier than 14 days prior to the beginning
3695of the qualifying period, to be processed and filed during the
3696qualifying period.
3697     Section 66.  Section 105.035, Florida Statutes, is amended
3698to read:
3699     105.035  Petition process Alternative method of qualifying
3700for certain judicial offices and the office of school board
3701member.--
3702     (1)  A person seeking to qualify for election to the office
3703of circuit judge or county court judge or the office of school
3704board member may qualify for election to such office by means of
3705the petitioning process prescribed in this section.  A person
3706qualifying by this petition process is alternative method shall
3707not be required to pay the qualifying fee required by this
3708chapter. A person using this petitioning process shall file an
3709oath with the officer before whom the candidate would qualify
3710for the office stating that he or she intends to qualify by this
3711alternative method for the office sought. Such oath shall be
3712filed at any time after the first Tuesday after the first Monday
3713in January of the year in which the election is held, but prior
3714to the 21st day preceding the first day of the qualifying period
3715for the office sought. The form of such oath shall be prescribed
3716by the Division of Elections.  No signatures shall be obtained
3717until the person has filed the oath prescribed in this
3718subsection.
3719     (2)  The Upon receipt of a written oath from a candidate,
3720the qualifying officer shall provide the candidate with a
3721petition format shall be prescribed by the Division of Elections
3722and shall to be used by the candidate to reproduce petitions for
3723circulation.  If the candidate is running for an office that
3724which will be grouped on the ballot with two or more similar
3725offices to be filled at the same election, the candidate's
3726petition must indicate, prior to the obtaining of registered
3727electors' signatures, for which group or district office the
3728candidate is running.
3729     (3)  Each candidate for election to a judicial office or
3730the office of school board member shall obtain the signature of
3731a number of qualified electors equal to at least 1 percent of
3732the total number of registered electors of the district,
3733circuit, county, or other geographic entity represented by the
3734office sought as shown by the compilation by the Department of
3735State for the last preceding general election. A separate
3736petition shall be circulated for each candidate availing himself
3737or herself of the provisions of this section. Signatures may not
3738be obtained until the candidate has filed the appointment of
3739campaign treasurer and designation of campaign depository
3740pursuant to s. 106.021.
3741     (4)(a)  Each candidate seeking to qualify for election to
3742the office of circuit judge or the office of school board member
3743from a multicounty school district pursuant to this section
3744shall file a separate petition from each county from which
3745signatures are sought.  Each petition shall be submitted, prior
3746to noon of the 28th 21st day preceding the first day of the
3747qualifying period for the office sought, to the supervisor of
3748elections of the county for which such petition was circulated.  
3749Each supervisor of elections to whom a petition is submitted
3750shall check the signatures on the petition to verify their
3751status as electors of that county and of the geographic area
3752represented by the office sought. No later than the seventh day
3753before Prior to the first date for qualifying, the supervisor
3754shall certify the number shown as registered electors and submit
3755such certification to the Division of Elections.  The division
3756shall determine whether the required number of signatures has
3757been obtained for the name of the candidate to be placed on the
3758ballot and shall notify the candidate.  If the required number
3759of signatures has been obtained, the candidate shall, during the
3760time prescribed for qualifying for office, submit a copy of such
3761notice and file his or her qualifying papers and oath prescribed
3762in s. 105.031 with the Division of Elections.  Upon receipt of
3763the copy of such notice and qualifying papers, the division
3764shall certify the name of the candidate to the appropriate
3765supervisor or supervisors of elections as having qualified for
3766the office sought.
3767     (b)  Each candidate seeking to qualify for election to the
3768office of county court judge or the office of school board
3769member from a single county school district pursuant to this
3770section shall submit his or her petition, prior to noon of the
377128th 21st day preceding the first day of the qualifying period
3772for the office sought, to the supervisor of elections of the
3773county for which such petition was circulated. The supervisor
3774shall check the signatures on the petition to verify their
3775status as electors of the county and of the geographic area
3776represented by the office sought. No later than the seventh day
3777before Prior to the first date for qualifying, the supervisor
3778shall determine whether the required number of signatures has
3779been obtained for the name of the candidate to be placed on the
3780ballot and shall notify the candidate.  If the required number
3781of signatures has been obtained, the candidate shall, during the
3782time prescribed for qualifying for office, submit a copy of such
3783notice and file his or her qualifying papers and oath prescribed
3784in s. 105.031 with the qualifying officer.  Upon receipt of the
3785copy of such notice and qualifying papers, such candidate shall
3786be entitled to have his or her name printed on the ballot.
3787     Section 67.  Section 106.022, Florida Statutes, is created
3788to read:
3789     106.022  Appointment of a registered agent; duties.--
3790     (1)  Each political committee, committee of continuous
3791existence, or electioneering communications entity shall have
3792and continuously maintain in this state a registered office and
3793a registered agent and must file with the division a statement
3794of appointment for the registered office and registered agent.
3795The statement of appointment must:
3796     (a)  Provide the name of the registered agent and the
3797street address and phone number for the registered office;
3798     (b)  Identify the entity for whom the registered agent
3799serves;
3800     (c)  Designate the address the registered agent wishes to
3801use to receive mail;
3802     (d)  Include the entity's undertaking to inform the
3803division of any change in such designated address;
3804     (e)  Provide for the registered agent's acceptance of the
3805appointment, which must confirm that the registered agent is
3806familiar with and accepts the obligations of the position as set
3807forth in this section; and
3808     (f)  Contain the signature of the registered agent and the
3809entity engaging the registered agent.
3810     (2)  An entity may change its appointment of registered
3811agent and registered office under this section by executing a
3812written statement of change that identifies the former
3813registered agent and registered address and also satisfies all
3814of the requirements of subsection (1).
3815     (3)  A registered agent may resign his or her appointment
3816as registered agent by executing a written statement of
3817resignation and filing it with the division. An entity without a
3818registered agent may not make expenditures or accept
3819contributions until it files a written statement of change as
3820required in subsection (2).
3821     Section 68.  Subsection (6) of section 106.08, Florida
3822Statutes, is amended to read:
3823     106.08  Contributions; limitations on.--
3824     (6)  A political party may not accept any contribution
3825which has been specifically designated for the partial or
3826exclusive use of a particular candidate.  Any contribution so
3827designated must be returned to the contributor and may not be
3828used or expended by or on behalf of the candidate. Also, a
3829political party may not accept any in-kind contribution that
3830fails to provide a direct benefit to the political party. A
3831"direct benefit" includes, but is not limited to, fundraising or
3832furthering the objectives of the political party.
3833     Section 69.  Subsection (6) of section 106.24, Florida
3834Statutes, is amended to read:
3835     106.24  Florida Elections Commission; membership; powers;
3836duties.--
3837     (6)  There is hereby established in the State Treasury an
3838Elections Commission Trust Fund to be utilized by the Division
3839of Elections and the Florida Elections Commission in order to
3840carry out their duties pursuant to ss. 106.24-106.28. The trust
3841fund may also be used by the Secretary of State division,
3842pursuant to his or her its authority under s. 97.012(14) s.
3843106.22(11), to provide rewards for information leading to
3844criminal convictions related to voter registration fraud, voter
3845fraud, and vote scams.
3846     Section 70.  Subsection (6) of section 106.141, Florida
3847Statutes, is amended to read:
3848     106.141  Disposition of surplus funds by candidates.--
3849     (6)  Prior to disposing of funds pursuant to subsection (4)
3850or transferring funds into an office account pursuant to
3851subsection (5), any candidate who filed an oath stating that he
3852or she was unable to pay the election assessment or fee for
3853verification of petition signatures without imposing an undue
3854burden on his or her personal resources or on resources
3855otherwise available to him or her, or who filed both such oaths,
3856or who qualified by the petition process alternative method and
3857was not required to pay an election assessment, shall reimburse
3858the state or local governmental entity, whichever is applicable,
3859for such waived assessment or fee or both. Such reimbursement
3860shall be made first for the cost of petition verification and
3861then, if funds are remaining, for the amount of the election
3862assessment. If there are insufficient funds in the account to
3863pay the full amount of either the assessment or the fee or both,
3864the remaining funds shall be disbursed in the above manner until
3865no funds remain. All funds disbursed pursuant to this subsection
3866shall be remitted to the qualifying officer. Any reimbursement
3867for petition verification costs which are reimbursable by the
3868state shall be forwarded by the qualifying officer to the state
3869for deposit in the General Revenue Fund. All reimbursements for
3870the amount of the election assessment shall be forwarded by the
3871qualifying officer to the Department of State for deposit in the
3872General Revenue Fund.
3873     Section 71.  Section 98.122, Florida Statutes, is
3874transferred and renumbered as section 106.165, Florida Statutes.
3875     Section 72.  Section 106.22, Florida Statutes, is amended
3876to read:
3877     106.22  Duties of the Division of Elections.--It is the
3878duty of the Division of Elections to:
3879     (1)  Prescribe forms for statements and other information
3880required to be filed by this chapter.  Such forms shall be
3881furnished by the Department of State or office of the supervisor
3882of elections to persons required to file such statements and
3883information with such agency.
3884     (2)  Prepare and publish manuals or brochures setting forth
3885recommended uniform methods of bookkeeping and reporting, and
3886including appropriate portions of the election code, for use by
3887persons required by this chapter to file statements.
3888     (3)  Develop a filing, coding, and cross-indexing system
3889consonant with the purposes of this chapter.
3890     (4)  Preserve statements and other information required to
3891be filed with the division pursuant to this chapter for a period
3892of 10 years from date of receipt.
3893     (5)  Prepare and publish such reports as it may deem
3894appropriate.
3895     (6)  Make, from time to time, audits and field
3896investigations with respect to reports and statements filed
3897under the provisions of this chapter and with respect to alleged
3898failures to file any report or statement required under the
3899provisions of this chapter.  The division shall conduct a
3900postelection audit of the campaign accounts of all candidates
3901receiving contributions from the Election Campaign Financing
3902Trust Fund.
3903     (7)  Report to the Florida Elections Commission any failure
3904to file a report or information required by this chapter or any
3905apparent violation of this chapter.
3906     (8)  Employ such personnel or contract for such services as
3907are necessary to adequately carry out the intent of this
3908chapter.
3909     (9)  Prescribe rules and regulations to carry out the
3910provisions of this chapter.  Such rules shall be prescribed
3911pursuant to chapter 120.
3912     (10)  Make an annual report to the President of the Senate
3913and the Speaker of the House of Representatives concerning
3914activities of the division and recommending improvements in the
3915election code.
3916     (11)  Conduct preliminary investigations into any
3917irregularities or fraud involving voter registration or voting
3918and report its findings to the state attorney for the judicial
3919circuit in which the alleged violation occurred for prosecution,
3920where warranted. The Department of State may prescribe by rule
3921requirements for filing a complaint of voter fraud and for
3922investigating any such complaint.
3923     (10)(12)  Conduct random audits with respect to reports and
3924statements filed under this chapter and with respect to alleged
3925failure to file any reports and statements required under this
3926chapter.
3927     Section 73.  Subsection (1) of section 16.56, Florida
3928Statutes, is amended to read:
3929     16.56  Office of Statewide Prosecution.--
3930     (1)  There is created in the Department of Legal Affairs an
3931Office of Statewide Prosecution.  The office shall be a separate
3932"budget entity" as that term is defined in chapter 216.  The
3933office may:
3934     (a)  Investigate and prosecute the offenses of:
3935     1.  Bribery, burglary, criminal usury, extortion, gambling,
3936kidnapping, larceny, murder, prostitution, perjury, robbery,
3937carjacking, and home-invasion robbery;
3938     2.  Any crime involving narcotic or other dangerous drugs;
3939     3.  Any violation of the provisions of the Florida RICO
3940(Racketeer Influenced and Corrupt Organization) Act, including
3941any offense listed in the definition of racketeering activity in
3942s. 895.02(1)(a), providing such listed offense is investigated
3943in connection with a violation of s. 895.03 and is charged in a
3944separate count of an information or indictment containing a
3945count charging a violation of s. 895.03, the prosecution of
3946which listed offense may continue independently if the
3947prosecution of the violation of s. 895.03 is terminated for any
3948reason;
3949     4.  Any violation of the provisions of the Florida Anti-
3950Fencing Act;
3951     5.  Any violation of the provisions of the Florida
3952Antitrust Act of 1980, as amended;
3953     6.  Any crime involving, or resulting in, fraud or deceit
3954upon any person;
3955     7.  Any violation of s. 847.0135, relating to computer
3956pornography and child exploitation prevention, or any offense
3957related to a violation of s. 847.0135;
3958     8.  Any violation of the provisions of chapter 815;
3959     9.  Any criminal violation of part I of chapter 499;
3960     10.  Any violation of the provisions of the Florida Motor
3961Fuel Tax Relief Act of 2004; or
3962     11.  Any criminal violation of s. 409.920 or s. 409.9201;
3963or
3964     12.  Any crime involving voter registration, voting, or
3965candidate or issue petition activities;
3966
3967or any attempt, solicitation, or conspiracy to commit any of the
3968crimes specifically enumerated above.  The office shall have
3969such power only when any such offense is occurring, or has
3970occurred, in two or more judicial circuits as part of a related
3971transaction, or when any such offense is connected with an
3972organized criminal conspiracy affecting two or more judicial
3973circuits.
3974     (b)  Upon request, cooperate with and assist state
3975attorneys and state and local law enforcement officials in their
3976efforts against organized crimes.
3977     (c)  Request and receive from any department, division,
3978board, bureau, commission, or other agency of the state, or of
3979any political subdivision thereof, cooperation and assistance in
3980the performance of its duties.
3981     Section 74.  Subsection (5) of section 119.07, Florida
3982Statutes, is amended to read:
3983     119.07  Inspection and copying of records; photographing
3984public records; fees; exemptions.--
3985     (5)  When ballots are produced under this section for
3986inspection or examination, no persons other than the supervisor
3987of elections or the supervisor's employees shall touch the
3988ballots. If the ballots are being examined before the end of the
3989contest period in s. 102.168, the supervisor of elections shall
3990make a reasonable effort to notify all candidates by telephone
3991or otherwise of the time and place of the inspection or
3992examination. All such candidates, or their representatives,
3993shall be allowed to be present during the inspection or
3994examination.
3995     Section 75.  Subsection (3) of section 145.09, Florida
3996Statutes, is amended to read:
3997     145.09  Supervisor of elections.--
3998     (3)(a)  There shall be an additional $2,000 per year
3999special qualification salary for each supervisor of elections
4000who has met the certification requirements established by the
4001Division of Elections of the Department of State. The Department
4002of State shall adopt rules to establish the certification
4003requirements. Any supervisor who is certified during a calendar
4004year shall receive in that year a pro rata share of the special
4005qualification salary based on the remaining period of the year.
4006     (b)  In order to qualify for the special qualification
4007salary described in paragraph (a), the supervisor must complete
4008the requirements established by the Division of Elections within
40096 years after first taking office.
4010     (c)  After a supervisor meets the requirements of paragraph
4011(a), in order to remain certified the supervisor shall
4012thereafter be required to complete each year a course of
4013continuing education as prescribed by the division.
4014     Section 76.  Effective July 1, 2005, section 104.0615,
4015Florida Statutes, is created to read:
4016     104.0615  Voter intimidation or suppression prohibited;
4017criminal penalties.--
4018     (1)  This section may be cited as the "Voter Protection
4019Act."
4020     (2)  A person may not directly or indirectly use or
4021threaten to use force, violence, or intimidation or any tactic
4022of coercion or intimidation to induce or compel an individual
4023to:
4024     (a)  Vote or refrain from voting;
4025     (b)  Vote or refrain from voting for any particular
4026individual or ballot measure;
4027     (c)  Refrain from registering to vote; or
4028     (d)  Refrain from acting as a legally authorized election
4029official or poll watcher.
4030     (3)  A person may not knowingly use false information to:
4031     (a)  Challenge an individual's right to vote;
4032     (b)  Induce or attempt to induce an individual to refrain
4033from voting or registering to vote; or
4034     (c)  Induce or attempt to induce an individual to refrain
4035from acting as a legally authorized election official or poll
4036watcher.
4037     (4)  A person may not knowingly destroy, mutilate, or
4038deface a voter registration form or election ballot or obstruct
4039or delay the delivery of a voter registration form or election
4040ballot.
4041     (5)  A person who violates subsection (2), subsection (3),
4042or subsection (4) commits a felony of the third degree,
4043punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4044     Section 77.  Sections 98.095, 98.0979, 98.181, 98.481,
4045101.253, 101.635, 102.061, 106.085, and 106.144, Florida
4046Statutes, are repealed.
4047     Section 78.  If any provision of this act or its
4048application to any person or circumstance is held invalid, the
4049invalidity does not affect other provisions or applications of
4050the act which can be given effect without the invalid provision
4051or application, and to this end the provisions of this act are
4052severable.
4053     Section 79.  Except as otherwise expressly provided in this
4054act and except for this section, which shall take effect July 1,
40552005, this act shall take effect January 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.
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