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Amendment CaShTmL-324446.HTM
    Florida Senate - 2007            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 958
                        Barcode 324446                                        
    582-2032D-07
    Proposed Committee Substitute by the Committee on Ethics and
    Elections
 1                      A bill to be entitled
 2         An act relating to elections; amending s.
 3         97.021, F.S.; redefining the term "minor
 4         political party"; amending s. 97.053, F.S.;
 5         requiring an applicant for voter registration
 6         to be notified when the application cannot be
 7         verified; providing for registration upon
 8         presentation of evidence of a driver's license
 9         number, identification card number, or the last
10         four digits of the applicant's social security
11         number; changing the time within which a person
12         casting a provisional ballot may present
13         evidence of eligibility to vote; changing the
14         time for voter registrations to be entered into
15         the statewide voter registration system;
16         creating s. 98.056, F.S.; prescribing
17         registration list maintenance forms; amending
18         s. 98.065, F.S.; revising duties of supervisors
19         of elections with respect to registration list
20         maintenance programs; amending s. 98.075, F.S.;
21         providing circumstances for removal of the name
22         of a deceased voter; amending s. 99.021, F.S.;
23         prescribing form of oath for candidates for
24         federal office; amending s. 99.061, F.S.;
25         prescribing times for qualifying for nomination
26         or election; prescribing specific procedures
27         for qualifying for special district office;
28         providing that the filing fee of a candidate
29         for a special district election need not be
30         drawn on a campaign account; amending s.
31         99.093, F.S.; providing for assessments paid by
                                  1
    10:52 AM   03/26/07                            s0958p-ee00-r3e

Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 municipal candidates to be forwarded to the 2 Florida Elections Commission; amending s. 3 99.095, F.S.; prescribing the number of 4 signatures required for a candidate for special 5 district office to qualify by petition; 6 prescribing the time for certification to the 7 Division of Elections of certain candidates 8 qualifying by petition; amending s. 99.097, 9 F.S.; prescribing procedure if a petition 10 signatory lists an address other than the 11 address at which he or she is registered; 12 amending s. 100.041, F.S.; prescribing the time 13 when a county commissioner is deemed elected; 14 amending s. 100.061, F.S.; changing the date of 15 the primary election; amending s. 100.191, 16 F.S.; revising the time for canvassing special 17 election returns; amending s. 100.361, F.S.; 18 prescribing procedures for conducting municipal 19 recall elections; providing for petitions; 20 prescribing grounds for recall; providing for 21 filling vacancies; proscribing certain acts 22 with respect to recall elections and providing 23 penalties; amending s. 100.371, F.S.; changing 24 the period for which certain initiative 25 petition signatures are valid; amending s. 26 101.041, F.S.; revising provisions that require 27 secret voting; amending s. 101.048, F.S.; 28 changing the time within which a person casting 29 a provisional ballot may present evidence of 30 eligibility to vote; amending s. 101.111, F.S.; 31 requiring the supervisor of elections to 2 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 present the election board with a copy of the 2 challenge to a voter's right to vote; amending 3 s. 101.51, F.S.; deleting provisions relating 4 to announcing the name of a voter; amending s. 5 101.6103, F.S.; changing the time to begin 6 canvassing mail ballots; amending s. 101.62, 7 F.S.; revising the period of effectiveness of a 8 request for an absentee ballot; revising the 9 time for sending an absentee ballot to an 10 overseas elector; revising time period for 11 providing absentee ballots; amending s. 101.68, 12 F.S.; changing the time to begin canvassing 13 absentee ballots; amending s. 101.733, F.S.; 14 revising provisions relating to giving notice 15 of an election rescheduled due to emergency; 16 authorizing the holding of an election by mail; 17 amending s. 102.014, F.S.; revising provisions 18 relating to poll worker recruitment and 19 training; amending s. 102.112, F.S.; changing 20 the deadline for submitting county returns to 21 the Department of State; amending s. 102.141, 22 F.S.; requiring submission of preliminary 23 returns in certain format by election night to 24 the Department of State; changing the time to 25 submit unofficial returns; amending s. 102.166, 26 F.S.; conforming a cross-reference; amending s. 27 103.022, F.S.; revising the time for 28 qualification as write-in candidates for 29 President and Vice President; creating s. 30 103.085, F.S.; prescribing guidelines for 31 creation of minor political parties; requiring 3 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 certain information to be filed; authorizing 2 rules to prescribe the manner in which such 3 party's registration may be canceled; amending 4 s. 103.091, F.S.; changing the times for 5 qualifying for election to a political party 6 executive committee; amending s. 105.031, F.S.; 7 changing the times for qualifying for school 8 board candidates; amending s. 106.07, F.S.; 9 changing the times for submitting reports of 10 contributions received and expenditures made; 11 amending s. 106.35, F.S.; revising the time for 12 the Division of Elections to distribute funds 13 to candidates; amending s. 112.51, F.S.; 14 providing for filling vacancies created when a 15 municipal officer has been removed from office; 16 amending s. 189.405, F.S.; revising 17 qualification procedures for candidates for 18 special district office; amending s. 191.005, 19 F.S.; revising qualification procedures for 20 candidates for independent special fire control 21 district boards of commissioners; amending s. 22 582.18, F.S.; revising qualification procedures 23 for candidates for soil and water conservation 24 district supervisors; amending s. 876.05, F.S.; 25 exempting candidates for federal office from 26 taking the public employees' oath; repealing s. 27 104.29, F.S., relating to inspectors refusing 28 to allow watchers while ballots are counted; 29 amending s. 97.021, F.S.; redefining the term 30 "primary election" to provide that the first 31 primary is a nomination or elimination election 4 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 and the second primary is a nominating 2 election; amending s. 97.055, F.S.; providing 3 that a party change received after the 4 book-closing date of the first primary election 5 does not take effect until after the second 6 primary election; amending s. 97.071, F.S.; 7 providing for the voter information card in 8 such case to be issued after the second primary 9 election; amending s. 97.1031, F.S., relating 10 to changes in the records of an elector; 11 conforming provisions to changes made by the 12 act; amending s. 98.081, F.S.; prohibiting a 13 person who removed his or her name from the 14 registration books after the book-closing date 15 of the first primary from changing political 16 parties until after the date of the second 17 primary election; amending s. 99.061, F.S., 18 relating to requirements for qualifying for 19 nomination or election to office; conforming 20 provisions to the creation of first and second 21 primary elections; amending s. 99.063, F.S.; 22 providing for the Governor to designate a 23 running mate following the second primary 24 election; amending s. 99.103, F.S.; requiring 25 certain filing fees and party assessments to be 26 remitted before the first primary election; 27 amending s. 100.061, F.S.; providing for 28 holding a first primary election; requiring a 29 second primary election if a candidate does not 30 receive a majority of the votes cast in the 31 first primary election; amending s. 100.081, 5 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 F.S.; providing for the conduct of primary 2 elections; creating s. 100.92, F.S.; providing 3 procedures for holding a second primary 4 election; creating s. 100.097, F.S.; providing 5 procedures for holding a special election at a 6 second primary election; amending s. 100.111, 7 F.S.; providing for filling a vacancy in office 8 with respect to first and second primary 9 elections; amending s. 100.141, F.S., relating 10 to notice of special elections; conforming 11 provisions; amending s. 101.252, F.S.; 12 providing for printing the names of certain 13 candidates on the first primary election 14 ballot; amending s. 101.62, F.S.; providing 15 requirements for the supervisors of elections 16 with respect to mailing advance absentee 17 ballots for the first and second primary 18 elections; amending s. 102.014, F.S.; providing 19 for the first and second primary elections to 20 be considered one election for purposes of poll 21 worker recruitment and training; amending s. 22 103.021, F.S., relating to the nomination for 23 presidential electors; conforming provisions; 24 amending s. 103.022, F.S.; requiring that 25 write-in candidates for President and Vice 26 President file an oath with the Department of 27 State before the first primary election; 28 amending s. 103.091, F.S.; providing for state 29 or county executive committee members to be 30 elected at the first primary election; amending 31 s. 105.031, F.S., relating to requirements for 6 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 qualifying for election to office; conforming 2 provisions; amending s. 105.041, F.S.; 3 providing requirements for the ballots for the 4 first primary election; amending s. 105.051, 5 F.S.; providing for the names of certain 6 candidates for office to be placed on the 7 ballot at the first primary election; amending 8 s. 106.07, F.S.; revising requirements for 9 filing reports of contributions received and 10 expenditures made on behalf of a candidate or 11 political committee; amending s. 106.08, F.S.; 12 providing for application of certain 13 limitations on contributions with respect to 14 the first and second primary elections; 15 amending s. 106.29, F.S., relating to reports 16 by political parties; conforming provisions; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (17) of section 97.021, Florida 22 Statutes, is amended to read: 23 97.021 Definitions.--For the purposes of this code, 24 except where the context clearly indicates otherwise, the 25 term: 26 (17) "Minor political party" is any group that 27 registers pursuant to s. 103.085, and that as defined in this 28 subsection which on January 1 preceding a primary election has 29 does not have registered as members 5 percent or fewer of the 30 total registered electors of the state as registered members 31 of the group. Any group of citizens organized for the general 7 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 purposes of electing to office qualified persons and 2 determining public issues under the democratic processes of 3 the United States may become a minor political party of this 4 state by filing with the department a certificate showing the 5 name of the organization, the names of its current officers, 6 including the members of its executive committee, and a copy 7 of its constitution or bylaws. It shall be the duty of the 8 minor political party to notify the department of any changes 9 in the filing certificate within 5 days of such changes. 10 Section 2. Subsections (6) and (7) of section 97.053, 11 Florida Statutes, are amended to read: 12 97.053 Acceptance of voter registration 13 applications.-- 14 (6) A voter registration application may be accepted 15 as valid only after the department has verified the 16 authenticity or nonexistence of the driver's license number, 17 the Florida identification card number, or the last four 18 digits of the social security number provided by the 19 applicant. If a completed voter registration application has 20 been received by the book-closing deadline but the driver's 21 license number, the Florida identification card number, or the 22 last four digits of the social security number provided by the 23 applicant cannot be verified, the applicant shall be notified 24 that the application is incomplete and that the voter must 25 provide evidence to the supervisor sufficient to verify the 26 authenticity of the number provided on the application. If the 27 voter provides the necessary evidence, the supervisor shall 28 place the voter's name on the registration rolls as an active 29 voter. If the voter has not provided the necessary evidence or 30 the number has not otherwise been verified prior to the 31 applicant presenting himself or herself to vote, the applicant 8 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 shall be provided a provisional ballot. The provisional ballot 2 shall be counted only if the application is verified by the 3 end of the canvassing period or if the applicant presents 4 evidence to the supervisor of elections sufficient to verify 5 the authenticity of the driver's license number, Florida 6 identification card number, or last four digits of the social 7 security number provided on the application no later than 5 8 p.m. of the second third day following the election. 9 (7) All voter registration applications received by a 10 voter registration official shall be entered into the 11 statewide voter registration system within 13 15 days after 12 receipt. Once entered, the application shall be immediately 13 forwarded to the appropriate supervisor of elections. 14 Section 3. Section 98.056, Florida Statutes, is 15 created to read: 16 98.056 Registration list maintenance forms.--The 17 department shall prescribe registration list maintenance forms 18 to be used by the supervisors, which must include: 19 (1) An "address confirmation request," which must 20 contain: 21 (a) The voter's name and address of legal residence as 22 shown on the voter registration record. 23 (b) A request that the supervisor be informed if 24 either the name or address of legal residence of the voter is 25 incorrect. 26 (2) An "address change notice," which must be sent by 27 forwardable mail, including a postage prepaid preaddressed 28 return form with which the voter may verify or correct his or 29 her address information. 30 (3) An "address confirmation final notice," which must 31 be sent by forwardable mail and must contain a postage prepaid 9 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 preaddressed return form and a statement that: 2 (a) If the voter has not changed address of legal 3 residence or has changed address of legal residence within the 4 state, the voter should return the return form within 30 days 5 after the date of notice. 6 (b) If the return form is not returned and the voter 7 does not offer to vote by the second general election 8 thereafter, the voter's name will be removed from the voter 9 registration books. 10 (c) If the voter has changed address of legal 11 residence to a location outside the state: 12 1. The voter should return the return form, which will 13 serve as a request to be removed from the registration books; 14 and 15 2. The voter will be provided with information on how 16 to register in the new jurisdiction in order to be eligible to 17 vote. 18 Section 4. Subsection (4) of section 98.065, Florida 19 Statutes, is amended to read: 20 98.065 Registration list maintenance programs.-- 21 (4)(a) If the supervisor receives change-of-address 22 information pursuant to the activities conducted in subsection 23 (2), from jury notices signed by the voter and returned to the 24 courts, from the Department of Highway Safety and Motor 25 Vehicles, or from other sources, which information indicates 26 that the legal address of a registered voter might have 27 changed within the state, the supervisor must change the 28 registration records to show the new address and must shall 29 send the voter by forwardable return-if-undeliverable mail an 30 address change confirmation notice to the address at which the 31 voter was last registered. A supervisor may also send an 10 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 address confirmation notice to any voter who the supervisor 2 has reason to believe has moved from his or her legal 3 residence. 4 (b) If the supervisor receives change-of-address 5 information pursuant to the activities conducted in subsection 6 (2), from jury notices signed by the voter and returned to the 7 courts, or from other sources, which information indicates the 8 legal residence of a registered voter might have changed 9 outside the state, the supervisor shall send an address 10 confirmation final notice to the voter. The address 11 confirmation notice shall contain a postage prepaid, 12 preaddressed return form on which: 13 1. If the voter has changed his or her address of 14 legal residence to a location outside the state, the voter 15 shall mark that the voter's legal residence has changed to a 16 location outside the state. The form shall also include 17 information on how to register in the new state in order to be 18 eligible to vote. The form must be returned within 30 days 19 after the date of the notice. The completed form shall 20 constitute a request to be removed from the statewide voter 21 registration system. 22 2. If the voter has changed his or her address of 23 legal residence to a location inside the state, the voter 24 shall set forth the updated or corrected address and submit 25 the return form within 30 days after the date of the notice. 26 The completed form shall constitute a request to update the 27 statewide voter registration system with the updated or 28 corrected address information. 29 3. If the voter has not changed his or her address of 30 legal residence as printed on the address confirmation notice, 31 the voter shall confirm that his or her address of legal 11 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 residence has not changed and submit the form within 30 days 2 after the date of the notice. 3 (c) The supervisor must designate as inactive all 4 voters who have been sent an address confirmation final notice 5 and who have not returned the postage prepaid, preaddressed 6 return form within 30 days or for which an address 7 confirmation final notice has been returned as undeliverable. 8 Names on the inactive list may not be used to calculate the 9 number of signatures needed on any petition. A voter on the 10 inactive list may be restored to the active list of voters 11 upon the voter updating his or her registration, requesting an 12 absentee ballot, or appearing to vote. However, if the voter 13 does not update his or her voter registration information, 14 request an absentee ballot, or vote by the second general 15 election after being placed on the inactive list, the voter's 16 name shall be removed from the statewide voter registration 17 system and the voter shall be required to reregister to have 18 his or her name restored to the statewide voter registration 19 system. 20 Section 5. Subsection (3) of section 98.075, Florida 21 Statutes, is amended to read: 22 98.075 Registration records maintenance activities; 23 ineligibility determinations.-- 24 (3) DECEASED PERSONS.--The department shall identify 25 those registered voters who are deceased by comparing 26 information on the lists of deceased persons received from the 27 Department of Health as provided in s. 98.093. Upon receipt of 28 such information through the statewide voter registration 29 system, the supervisor shall remove the name of the registered 30 voter. Additionally, if the supervisor is presented with a 31 copy of a death certificate issued from a bona fide 12 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 governmental agency or has personal knowledge of the voter's 2 death, the supervisor shall remove the name of the deceased 3 voter from the statewide voter registration system. 4 Section 6. Paragraph (a) of subsection (1) of section 5 99.021, Florida Statutes, is amended to read: 6 99.021 Form of candidate oath.-- 7 (1)(a)1. Each candidate, whether a party candidate, a 8 candidate with no party affiliation, or a write-in candidate, 9 in order to qualify for nomination or election to any office 10 other than a judicial office as defined in chapter 105 or a 11 federal office, shall take and subscribe to an oath or 12 affirmation in writing. A printed copy of the oath or 13 affirmation shall be furnished to the candidate by the officer 14 before whom such candidate seeks to qualify and shall be 15 substantially in the following form: 16 17 State of Florida 18 County of.... 19 Before me, an officer authorized to administer oaths, 20 personally appeared ...(please print name as you wish it to 21 appear on the ballot)..., to me well known, who, being sworn, 22 says that he or she is a candidate for the office of ....; 23 that he or she is a qualified elector of .... County, Florida; 24 that he or she is qualified under the Constitution and the 25 laws of Florida to hold the office to which he or she desires 26 to be nominated or elected; that he or she has taken the oath 27 required by ss. 876.05-876.10, Florida Statutes; that he or 28 she has qualified for no other public office in the state, the 29 term of which office or any part thereof runs concurrent with 30 that of the office he or she seeks; and that he or she has 31 resigned from any office from which he or she is required to 13 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 resign pursuant to s. 99.012, Florida Statutes. 2 ...(Signature of candidate)... 3 ...(Address)... 4 5 Sworn to and subscribed before me this .... day of ...., 6 ...(year)..., at .... County, Florida. 7 ...(Signature and title of officer administering oath)... 8 9 2. Each candidate for federal office, whether a party 10 candidate, a candidate with no party affiliation, or a 11 write-in candidate, in order to qualify for nomination or 12 election to office shall take and subscribe to an oath or 13 affirmation in writing. A printed copy of the oath or 14 affirmation shall be furnished to the candidate by the officer 15 before whom such candidate seeks to qualify and shall be 16 substantially in the following form: 17 18 State of Florida 19 County of __________ 20 Before me, an officer authorized to administer oaths, 21 personally appeared (please print name as you wish it to 22 appear on the ballot), to me well known, who, being sworn, 23 says that he or she is a candidate for the office of 24 __________; that he or she is qualified under the Constitution 25 and laws of the United States to hold the office to which he 26 or she desires to be nominated or elected; that he or she has 27 qualified for no other public office in the state, the term of 28 which office or any part thereof runs concurrent with that of 29 the office he or she seeks; and that he or she has resigned 30 from any office from which he or she is required to resign 31 pursuant to s. 99.012, Florida Statutes. 14 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 __(Signature of candidate) __ 2 (Address) 3 4 Sworn to and subscribed before me this _____ day of ______ 5 (year), at _____ County, Florida. 6 ...(Signature and title of officer administering oath)... 7 Section 7. Section 99.061, Florida Statutes, is 8 amended to read: 9 99.061 Method of qualifying for nomination or election 10 to federal, state, county, or district office.-- 11 (1) The provisions of any special act to the contrary 12 notwithstanding, each person seeking to qualify for nomination 13 or election to a federal, state, or multicounty district 14 office, other than election to a judicial office as defined in 15 chapter 105 or the office of school board member, shall file 16 his or her qualification papers with, and pay the qualifying 17 fee, which shall consist of the filing fee and election 18 assessment, and party assessment, if any has been levied, to, 19 the Department of State, or qualify by the petition process 20 pursuant to s. 99.095 with the Department of State, at any 21 time after noon of the 1st day for qualifying, which shall be 22 as follows: the 120th day prior to the primary election, but 23 not later than noon of the 116th day prior to the date of the 24 primary election, for persons seeking to qualify for 25 nomination or election to federal office or to the office of 26 the state attorney or the public defender; and noon of the 27 71st 50th day prior to the primary election, but not later 28 than noon of the 67th 46th day prior to the date of the 29 primary election, for persons seeking to qualify for 30 nomination or election to a state or multicounty district 31 office, other than the office of the state attorney or the 15 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 public defender. 2 (2) The provisions of any special act to the contrary 3 notwithstanding, each person seeking to qualify for nomination 4 or election to a county office, or district or special 5 district office not covered by subsection (1), shall file his 6 or her qualification papers with, and pay the qualifying fee, 7 which shall consist of the filing fee and election assessment, 8 and party assessment, if any has been levied, to, the 9 supervisor of elections of the county, or shall qualify by the 10 petition process pursuant to s. 99.095 with the supervisor of 11 elections, at any time after noon of the 1st day for 12 qualifying, which shall be the 71st 50th day prior to the 13 primary election or special district election, but not later 14 than noon of the 67th 46th day prior to the date of the 15 primary election or special district election. However, if a 16 special district election is held at the same time as the 17 general election, qualifying shall be the 50th day prior to 18 the primary election, but not later than noon of the 46th day 19 prior to the date of the primary election. Within 30 days 20 after the closing of qualifying time, the supervisor of 21 elections shall remit to the secretary of the state executive 22 committee of the political party to which the candidate 23 belongs the amount of the filing fee, two-thirds of which 24 shall be used to promote the candidacy of candidates for 25 county offices and the candidacy of members of the 26 Legislature. 27 (3) Notwithstanding the provisions of any special act 28 to the contrary, each person seeking to qualify for election 29 to a special district office shall qualify between noon of the 30 71st day prior to the primary election and noon of the 67th 31 day prior to the date of the primary election. Candidates for 16 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 single county special districts shall qualify with the 2 supervisor of elections in the county in which the district is 3 located. If the district is a multicounty district, candidates 4 shall qualify with the Department of State. All special 5 district candidates shall qualify by paying a filing fee of 6 $25 or qualify by the petition process pursuant to s. 99.095. 7 Notwithstanding s. 106.021, a candidate who does not collect 8 contributions and whose only expense is the filing fee or 9 signature verification fee is not required to appoint a 10 campaign treasurer or designate a primary campaign depository. 11 (4)(3)(a) Each person seeking to qualify for election 12 to office as a write-in candidate shall file his or her 13 qualification papers with the respective qualifying officer at 14 any time after noon of the 1st day for qualifying, but not 15 later than noon of the last day of the qualifying period for 16 the office sought. 17 (b) Any person who is seeking election as a write-in 18 candidate shall not be required to pay a filing fee, election 19 assessment, or party assessment. A write-in candidate is shall 20 not be entitled to have his or her name printed on any ballot; 21 however, space for the write-in candidate's name to be written 22 in must shall be provided on the general election ballot. A No 23 person may not qualify as a write-in candidate if the person 24 has also otherwise qualified for nomination or election to 25 such office. 26 (5)(4) At the time of qualifying for office, each 27 candidate for a constitutional office shall file a full and 28 public disclosure of financial interests pursuant to s. 8, 29 Art. II of the State Constitution, and a candidate for any 30 other office, including local elective office, shall file a 31 statement of financial interests pursuant to s. 112.3145. 17 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (6)(5) The Department of State shall certify to the 2 supervisor of elections, within 7 days after the closing date 3 for qualifying, the names of all duly qualified candidates for 4 nomination or election who have qualified with the Department 5 of State. 6 (6) Notwithstanding the qualifying period prescribed 7 in this section, if a candidate has submitted the necessary 8 petitions by the required deadline in order to qualify by the 9 petition process pursuant to s. 99.095 as a candidate for 10 nomination or election and the candidate is notified after the 11 5th day prior to the last day for qualifying that the required 12 number of signatures has been obtained, the candidate is 13 entitled to subscribe to the candidate's oath and file the 14 qualifying papers at any time within 5 days from the date the 15 candidate is notified that the necessary number of signatures 16 has been obtained. Any candidate who qualifies within the time 17 prescribed in this subsection is entitled to have his or her 18 name printed on the ballot. 19 (7)(a) In order for a candidate to be qualified, the 20 following items must be received by the filing officer by the 21 end of the qualifying period: 22 1. A properly executed check drawn upon the 23 candidate's campaign account in an amount not less than the 24 fee required by s. 99.092 or, in lieu thereof, as applicable, 25 the copy of the notice of obtaining ballot position pursuant 26 to s. 99.095. The filing fee for a special district candidate 27 is not required to be drawn upon the candidate's campaign 28 account. If a candidate's check is returned by the bank for 29 any reason, the filing officer shall immediately notify the 30 candidate and the candidate shall, the end of qualifying 31 notwithstanding, have 48 hours from the time such notification 18 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 is received, excluding Saturdays, Sundays, and legal holidays, 2 to pay the fee with a cashier's check purchased from funds of 3 the campaign account. Failure to pay the fee as provided in 4 this subparagraph shall disqualify the candidate. 5 2. The candidate's oath required by s. 99.021, which 6 must contain the name of the candidate as it is to appear on 7 the ballot; the office sought, including the district or group 8 number if applicable; and the signature of the candidate, duly 9 acknowledged. 10 3. The loyalty oath required by s. 876.05, signed by 11 the candidate and duly acknowledged. 12 4. If the office sought is partisan, the written 13 statement of political party affiliation required by s. 14 99.021(1)(b). 15 5. The completed form for the appointment of campaign 16 treasurer and designation of campaign depository, as required 17 by s. 106.021. 18 6. The full and public disclosure or statement of 19 financial interests required by subsection (5) (4). A public 20 officer who has filed the full and public disclosure or 21 statement of financial interests with the Commission on Ethics 22 or the supervisor of elections prior to qualifying for office 23 may file a copy of that disclosure at the time of qualifying. 24 (b) If the filing officer receives qualifying papers 25 that do not include all items as required by paragraph (a) 26 prior to the last day of qualifying, the filing officer shall 27 make a reasonable effort to notify the candidate of the 28 missing or incomplete items and shall inform the candidate 29 that all required items must be received by the close of 30 qualifying. A candidate's name as it is to appear on the 31 ballot may not be changed after the end of qualifying. 19 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (8) Notwithstanding the qualifying period prescribed 2 in this section, a qualifying office may accept and hold 3 qualifying papers submitted not earlier than 14 days prior to 4 the beginning of the qualifying period, to be processed and 5 filed during the qualifying period. 6 (9) Notwithstanding the qualifying period prescribed 7 by this section, in each year in which the Legislature 8 apportions the state, the qualifying period for persons 9 seeking to qualify for nomination or election to federal 10 office shall be between noon of the 71st 57th day prior to the 11 primary election, but not later than noon of the 67th 53rd day 12 prior to the primary election. 13 (10) The Department of State may prescribe by rule 14 requirements for filing papers to qualify as a candidate under 15 this section. 16 Section 8. Subsection (1) of section 99.093, Florida 17 Statutes, is amended to read: 18 99.093 Municipal candidates; election assessment.-- 19 (1) Each person seeking to qualify for nomination or 20 election to a municipal office shall pay, at the time of 21 qualifying for office, an election assessment. The election 22 assessment shall be an amount equal to 1 percent of the annual 23 salary of the office sought. Within 30 days after the close 24 of qualifying, the qualifying officer shall forward all 25 assessments collected pursuant to this section to the Florida 26 Elections Commission Department of State for deposit in the 27 Elections Commission Trust Fund. 28 Section 9. Subsections (2) and (4) of section 99.095, 29 Florida Statutes, are amended to read: 30 99.095 Petition process in lieu of a qualifying fee 31 and party assessment.-- 20 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (2)(a) Except as provided in paragraph (b), a 2 candidate must shall obtain the number of signatures of voters 3 in the geographical area represented by the office sought 4 equal to at least 1 percent of the total number of registered 5 voters of that geographical area, as shown by the compilation 6 by the department for the immediately last preceding general 7 election. Signatures may not be obtained until the candidate 8 has filed the appointment of campaign treasurer and 9 designation of campaign depository pursuant to s. 106.021. 10 (b) A candidate for a special district office shall 11 obtain 25 signatures of voters in the geographical area 12 represented by the office sought. 13 (c)(b) The format of the petition shall be prescribed 14 by the division and shall be used by candidates to reproduce 15 petitions for circulation. If the candidate is running for an 16 office that requires a group or district designation, the 17 petition must indicate that designation and, if it does not, 18 the signatures are not valid. A separate petition is required 19 for each candidate. 20 (4)(a) Certifications for candidates for federal, 21 state, or multicounty district, or multicounty special 22 district office shall be submitted to the division no later 23 than the 7th day before the first day of the qualifying period 24 for the office sought. The division shall determine whether 25 the required number of signatures has been obtained and shall 26 notify the candidate. 27 (b) For candidates for county, or district, or special 28 district office not covered by paragraph (a), the supervisor 29 shall determine whether the required number of signatures has 30 been obtained and shall notify the candidate. 31 Section 10. Paragraph (b) of subsection (3) of section 21 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 99.097, Florida Statutes, is amended to read: 2 99.097 Verification of signatures on petitions.-- 3 (3) 4 (b) If a voter signs a petition and lists an address 5 other than the legal residence where the voter is registered, 6 the petition shall not be counted and the supervisor shall 7 mail to the voter a new voter registration application, along 8 with the reason the new application is being sent treat the 9 signature as if the voter had listed the address where the 10 voter is registered. 11 Section 11. Paragraph (a) of subsection (2) of section 12 100.041, Florida Statutes, is amended to read: 13 100.041 Officers chosen at general election.-- 14 (2)(a) Each county commissioner from an odd-numbered 15 district shall be elected at the general election in each year 16 the number of which is a multiple of 4, for a 4-year term 17 commencing on the second Tuesday following such election, and 18 each county commissioner from an even-numbered district shall 19 be elected at the general election in each even-numbered year 20 the number of which is not a multiple of 4, for a 4-year term 21 commencing on the second Tuesday following such election. A 22 county commissioner is "elected" for purposes of this 23 paragraph on the date that the county canvassing board 24 certifies the results of the election pursuant to s. 102.151. 25 Section 12. Section 100.061, Florida Statutes, is 26 amended to read: 27 100.061 Primary election.--In each year in which a 28 general election is held, a primary election for nomination of 29 candidates of political parties shall be held on the Tuesday 30 10 9 weeks prior to the general election. The candidate 31 receiving the highest number of votes cast in each contest in 22 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 the primary election shall be declared nominated for such 2 office. If two or more candidates receive an equal and highest 3 number of votes for the same office, such candidates shall 4 draw lots to determine which candidate is nominated. 5 Section 13. Section 100.191, Florida Statutes, is 6 amended to read: 7 100.191 General election laws applicable to special 8 elections; returns.--All laws that are applicable to general 9 elections are applicable to special elections or special 10 primary elections to fill a vacancy in office or nomination, 11 except that the canvass of returns by the county canvassing 12 board of each county in which a special election is held shall 13 be made on the day following the election, and the certificate 14 of the result of the canvass shall be immediately forwarded to 15 the Department of State. The Elections Canvassing Commission 16 shall immediately, upon receipt of returns from the county in 17 which a special election is held, proceed to canvass the 18 returns and determine and declare the result thereof. 19 Section 14. Section 100.361, Florida Statutes, is 20 amended to read: 21 (Substantial rewording of section. See 22 s. 100.361, F.S., for present text.) 23 100.361 Municipal recall.-- 24 (1) APPLICATION; DEFINITION.--Any member of the 25 governing body of a municipality or charter county, 26 hereinafter referred to in this section as "municipality," may 27 be removed from office by the electors of the municipality. 28 When the official represents a district and is elected only by 29 electors residing in that district, only electors from that 30 district are eligible to sign the petition to recall that 31 official and are entitled to vote in the recall election. When 23 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 the official represents a district and is elected at large by 2 the electors of the municipality, all electors of the 3 municipality are eligible to sign the petition to recall that 4 official and are entitled to vote in the recall election. 5 Where used in this section, the term "district" shall be 6 construed to mean the area or region of a municipality from 7 which a member of the governing body is elected by the 8 electors from such area or region. Members may be removed from 9 office pursuant to the procedures under this section. This 10 method of removing members of the governing body of a 11 municipality is in addition to such other methods now or 12 hereafter provided by the general laws of this state. 13 (2) RECALL PETITION.-- 14 (a) Petition content.--A petition must contain the 15 name of the person sought to be recalled and a statement of 16 grounds for recall. The statement of grounds may not exceed 17 200 words and the stated grounds are limited solely to those 18 specified in paragraph (d). If more than one member of the 19 governing body is sought to be recalled, whether such member 20 is elected by the electors of a district or by the electors of 21 the municipality at large, a separate recall petition shall be 22 prepared for each member sought to be recalled. Upon request, 23 the content of a petition should be, but is not required to 24 be, provided by the proponent in alternative formats. 25 (b) Requisite signatures.-- 26 1. In a municipality or district of fewer than 500 27 electors, the petition must be signed by at least 50 electors 28 or by 10 percent of the total number of registered electors of 29 the municipality or district as of the preceding municipal 30 election, whichever is greater. 31 2. In a municipality or district of 500 or more but 24 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 fewer than 2,000 registered electors, the petition must be 2 signed by at least 100 electors or by 10 percent of the total 3 number of registered electors of the municipality or district 4 as of the preceding municipal election, whichever is greater. 5 3. In a municipality or district of 2,000 or more but 6 fewer than 5,000 registered electors, the petition must be 7 signed by at least 250 electors or by 10 percent of the total 8 number of registered electors of the municipality or district 9 as of the preceding municipal election, whichever is greater. 10 4. In a municipality or district of 5,000 or more but 11 fewer than 10,000 registered electors, the petition must be 12 signed by at least 500 electors or by 10 percent of the total 13 number of registered electors of the municipality or district 14 as of the preceding municipal election, whichever is greater. 15 5. In a municipality or district of 10,000 or more but 16 fewer than 25,000 registered electors, the petition must be 17 signed by at least 1,000 electors or by 10 percent of the 18 total number of registered electors of the municipality or 19 district as of the preceding municipal election, whichever is 20 greater. 21 6. In a municipality or district of 25,000 or more 22 registered electors, the petition must be signed by at least 23 1,000 electors or by 5 percent of the total number of 24 registered electors of the municipality or district as of the 25 preceding municipal election, whichever is greater. 26 27 All signatures must be obtained, as provided in paragraph (f), 28 within a period of 30 days, and all signed and dated petition 29 forms must be filed at the same time no later than 30 days 30 after the date the first signature is obtained on the 31 petition. 25 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (c) Recall committee.--Electors of the municipality or 2 district making charges contained in the statement of grounds 3 for recall and those signing the recall petition shall be 4 designated as the "committee." A specific person shall be 5 designated in the petition as chair of the committee to act 6 for the committee. The recall committee and the officer being 7 recalled are subject to chapter 106. 8 (d) Grounds for recall.--The grounds for removal of 9 elected municipal officials shall, for the purposes of this 10 section, be limited to the following and must be contained in 11 the petition: 12 1. Malfeasance; 13 2. Misfeasance; 14 3. Neglect of duty; 15 4. Drunkenness; 16 5. Incompetence; 17 6. Permanent inability to perform official duties; and 18 7. Conviction of a felony involving moral turpitude. 19 (e) Signature process.--Electors of the municipality 20 or district are eligible to sign the petition. Each elector of 21 the municipality signing a petition shall sign his or her name 22 in ink or indelible pencil as registered in the office of the 23 supervisor of elections and shall state on the petition his or 24 her place of residence and voting precinct. Each petition must 25 contain appropriate lines for the signature, printed name, and 26 street address of the elector and an oath, to be executed by a 27 witness thereof, verifying the fact that the witness saw each 28 person sign the counterpart of the petition, that each 29 signature appearing thereon is the genuine signature of the 30 person it purports to be, and that the petition was signed in 31 the presence of the witness on the date indicated. 26 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (f) Filing of signed petitions.--All signed petition 2 forms must be filed at the same time no later than 30 days 3 after the date the first signature is obtained on the 4 petition. The person designated as chair of the committee 5 shall file the signed petition forms with the auditor or clerk 6 of the municipality or charter county, or his or her 7 equivalent, hereinafter referred to as clerk. The petition 8 cannot be amended after it is filed with the clerk. 9 (g) Verification of signatures.-- 10 1. Immediately after the filing of the petition forms, 11 the clerk shall submit such forms to the county supervisor of 12 elections. No more than 30 days after the date all petition 13 forms are submitted to the supervisor by the clerk, the 14 supervisor shall promptly verify the signatures in accordance 15 with s. 99.097 and determine whether the requisite number of 16 valid signatures has been obtained for the petition. The 17 committee seeking verification of the signatures shall pay in 18 advance to the supervisor the sum of 10 cents for each 19 signature checked. 20 2. Upon filing with the clerk, the petition and all 21 subsequent papers or forms required or permitted to be filed 22 with the clerk in connection with this section must, upon 23 request, be made available in alternative formats by the 24 clerk. 25 3. If the supervisor determines that the petition does 26 not contain the required signatures, the clerk shall, upon 27 receipt of such determination, so certify to the governing 28 body of the municipality or charter county and file the 29 petition without taking further action, and the matter shall 30 be at an end. Additional names may not be added to the 31 petition and the petition may not be used in any other 27 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 proceeding. 2 4. If the supervisor determines that the petition has 3 the requisite number of verified and valid signatures, the 4 process in subsection (3) shall be followed. 5 (3) RECALL PETITION AND DEFENSE.-- 6 (a) Notice.--Upon a determination that the requisite 7 number of signatures has been obtained, the clerk shall, upon 8 receipt of such determination, at once serve upon the person 9 sought to be recalled a certified copy of the petition. Within 10 5 days after service, the person sought to be recalled may 11 file with the clerk a defensive statement of not more than 200 12 words. 13 (b) Content and preparation.--Within 5 days after the 14 date of receipt of the defensive statement or after the last 15 date a defensive statement could have been filed, the clerk 16 shall prepare a document entitled "Recall Petition and 17 Defense." The Recall Petition and Defense must consist of the 18 recall petition, including the names, addresses, and oaths on 19 the original petition form, the defensive statement or, if no 20 defensive statement has been filed, a statement to that 21 effect, and lines and spaces for the signatures of registered 22 electors, places of residence, election precinct numbers, 23 dates of signing, and signatures of witnesses to oaths which 24 conform to the provisions of paragraph (2)(e). The clerk shall 25 make sufficient copies of the Recall Petition and Defense to 26 carry the signatures of 30 percent of the registered electors. 27 Upon preparing and making sufficient copies of the Recall 28 Petition and Defense, the clerk shall deliver the copies to 29 the person designated as chair of the committee and take his 30 or her receipt therefor. 31 (c) Requisite signatures.--Upon receipt of the Recall 28 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 Petition and Defense, the committee may circulate them to 2 obtain the signatures of 15 percent of the electors. All 3 signatures shall be obtained and all signed petition forms 4 shall be filed with the clerk no later than 60 days after 5 delivery of the Recall Petition and Defense to the chair of 6 the committee. 7 (d) Signed petitions; request for striking name.--The 8 clerk shall assemble all signed petitions, check to see that 9 each petition is properly verified by the oath of a witness, 10 and submit such petitions to the county supervisor of 11 elections. Any elector who signs a recall petition has the 12 right to demand in writing that his or her name be stricken 13 from the petition. A written demand signed by the elector 14 shall be filed with the clerk and upon receipt of the demand 15 the clerk shall strike the name of the elector from the 16 petition and place his or her initials to the side of the 17 signature stricken. However, a signature may not be stricken 18 after the clerk has delivered the Recall Petition and Defense 19 to the supervisor for verification of the signatures. 20 (e) Verification of signatures.--Within 30 days after 21 receipt of the signed Recall Petition and Defense, the 22 supervisor shall determine the number of valid signatures, 23 purge the names withdrawn, and certify whether 15 percent of 24 the qualified electors of the municipality have signed the 25 petitions. The supervisor shall be paid by the persons or 26 committee seeking verification the sum of 10 cents for each 27 name checked. 28 (f) Reporting.--If the supervisor determines that the 29 requisite number of signatures has not been obtained, the 30 clerk shall, upon receipt of the determination, certify such 31 determination to the governing body and retain the petitions. 29 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 The proceedings shall be terminated, and the petitions may not 2 be used again. If the supervisor determines that at least 15 3 percent of the qualified electors signed the petition, the 4 clerk shall, upon receipt of the determination, serve notice 5 of that determination upon the person sought to be recalled 6 and deliver to the governing body a certificate as to the 7 percentage of qualified electors who signed. 8 (4) RECALL ELECTION.--If the person designated in the 9 petition files with the clerk, within 5 days after the 10 last-mentioned notice, his or her written resignation, the 11 clerk shall at once notify the governing body of that fact, 12 and the resignation shall be irrevocable. The governing body 13 shall then proceed to fill the vacancy according to the 14 provisions of the appropriate law. In the absence of a 15 resignation, the chief judge of the judicial circuit in which 16 the municipality is located shall fix a day for holding a 17 recall election for the removal of those not resigning. Any 18 such election shall be held not less than 30 days or more than 19 60 days after the expiration of the 5-day period 20 last-mentioned and at the same time as any other general or 21 special election held within the period; but if no such 22 election is to be held within that period, the judge shall 23 call a special recall election to be held within the period 24 aforesaid. 25 (5) BALLOTS.--The ballots at the recall election shall 26 conform to the following: With respect to each person whose 27 removal is sought, the question shall be submitted: "Shall 28 _____ be removed from the office of _____ by recall?" 29 Immediately following each question there shall be printed on 30 the ballots the two propositions in the order here set forth: 31 " (name of person) should be removed from office." 30 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 " (name of person) should not be removed from office." 2 (6) FILLING OF VACANCIES; SPECIAL ELECTIONS.-- 3 (a) If an election is held for the recall of members 4 elected only at large, candidates to succeed them for the 5 unexpired terms shall be voted upon at the same election and 6 shall be elected in the same manner as provided by the 7 appropriate law for the election of candidates at general 8 elections. Candidates shall not be elected to succeed any 9 particular member. If only one member is removed, the 10 candidate receiving the highest number of votes shall be 11 declared elected to fill the vacancy. If more than one member 12 is removed, candidates equal in number to the number of 13 members removed shall be declared elected to fill the 14 vacancies; and, among the successful candidates, those 15 receiving the greatest number of votes shall be declared 16 elected for the longest terms. Cases of ties, and all other 17 matters not specially provided for in this section, shall be 18 determined by the rules governing elections generally. 19 (b) If an election is held for the recall of members 20 elected only from districts, candidates to succeed them for 21 the unexpired terms shall be voted upon at a special election 22 called by the chief judge of the judicial circuit in which the 23 districts are located not less than 30 days or more than 60 24 days after the expiration of the recall election. The 25 qualifying period, for purposes of this section, shall be 26 established by the chief judge of the judicial circuit after 27 consultation with the clerk. Any candidate seeking election to 28 fill the unexpired term of a recalled district municipal 29 official must reside in the district represented by the 30 recalled official and qualify for office in the manner 31 required by law. Each candidate receiving the highest number 31 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 of votes for each office in the special district recall 2 election shall be declared elected to fill the unexpired term 3 of the recalled official. Candidates seeking election to fill 4 a vacancy created by the removal of a municipal official are 5 subject to the provisions of chapter 106. 6 (c) When an election is held for the recall of members 7 of the governing body composed of both members elected at 8 large and from districts, candidates to succeed them for the 9 unexpired terms shall be voted upon at a special election as 10 provided in paragraph (b). 11 (d) However, in any recall election held pursuant to 12 paragraph (b) or paragraph (c), if only one member is voted to 13 be removed from office, the vacancy created by the recall 14 shall be filled by the governing body according to the 15 provisions of the appropriate law for filling vacancies. 16 (7) EFFECT OF RESIGNATIONS.--If the member of the 17 governing body being recalled resigns from office prior to the 18 recall election, the remaining members shall fill the vacancy 19 created according to the appropriate law for filling 20 vacancies. If all of the members of the governing body are 21 sought to be recalled and all of the members resign prior to 22 the recall election, the recall election shall be canceled, 23 and a special election shall be called to fill the unexpired 24 terms of the resigning members. If all of the members of the 25 governing body are sought to be recalled and any of the 26 members resign prior to the recall election, the proceedings 27 for the recall of members not resigning and the election of 28 successors to fill the unexpired terms shall continue and have 29 the same effect as though there had been no resignation. 30 (8) WHEN PETITION MAY BE FILED.--A petition to recall 31 any member of the governing body of a municipality may not be 32 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 filed until the member has served one-fourth of his or her 2 term of office. A person removed by a recall, or resigning 3 after a petition has been filed against him or her, is not 4 eligible to be appointed to the governing body within a period 5 of 2 years after the date of such recall or resignation. 6 (9) RETENTION OF PETITION.--The clerk shall preserve 7 in his or her office all papers comprising or connected with a 8 petition for recall for a period of 2 years after the papers 9 were filed. 10 (10) OFFENSES RELATING TO PETITIONS.--A person may not 11 impersonate another, purposely write his or her name or 12 residence falsely in the signing of any petition for recall or 13 forge any name thereto, or sign any paper with knowledge that 14 he or she is not a qualified elector of the municipality. A 15 person may not employ or pay another to accept employment or 16 payment for circulating or witnessing a recall petition. Any 17 person violating this subsection commits a misdemeanor of the 18 second degree, punishable as provided in s. 775.082 or s. 19 775.083. 20 (11) INTENT.--It is the intent of the Legislature that 21 the recall procedures provided in this section be uniform 22 statewide. Therefore, all provisions of a municipal charter or 23 special law which are contrary to the provisions of this 24 section are repealed to the extent of that conflict. 25 (12) PROVISIONS APPLICABLE.--This section applies 26 regardless of whether a municipality or charter county has 27 adopted recall provisions. 28 Section 15. Subsection (3) of section 100.371, Florida 29 Statutes, is amended to read: 30 100.371 Initiatives; procedure for placement on 31 ballot.-- 33 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (3) Each signature shall be dated when made and shall 2 be valid for a period of 2 4 years following such date, 3 provided all other requirements of law are met. The sponsor 4 shall submit signed and dated forms to the appropriate 5 supervisor of elections for verification as to the number of 6 registered electors whose valid signatures appear thereon. The 7 supervisor shall promptly verify the signatures upon payment 8 of the fee required by s. 99.097. The supervisor shall 9 promptly record each valid signature in the statewide voter 10 registration system in the manner prescribed by the Secretary 11 of State. The supervisor shall retain the signature forms for 12 at least 1 year following the election in which the issue 13 appeared on the ballot or until the Division of Elections 14 notifies the supervisors of elections that the committee which 15 circulated the petition is no longer seeking to obtain ballot 16 position. 17 Section 16. The amendment of section 100.371, Florida 18 Statutes, made by this act applies to all initiative petitions 19 approved for circulation on or after January 1, 2008. 20 Section 17. Section 101.041, Florida Statutes, is 21 amended to read: 22 101.041 Secret voting.--In all elections held on any 23 subject which may be submitted to a vote, and for all or any 24 state, county, district, or municipal officers, the voting 25 shall be by secret, official ballot printed and distributed as 26 provided by this code, and no vote shall be received or 27 counted in any election, except as prescribed by this code. 28 Section 18. Subsection (1) of section 101.048, Florida 29 Statutes, is amended to read: 30 101.048 Provisional ballots.-- 31 (1) At all elections, a voter claiming to be properly 34 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 registered in the state and eligible to vote at the precinct 2 in the election but whose eligibility cannot be determined, a 3 person whom an election official asserts is not eligible, and 4 other persons specified in the code shall be entitled to vote 5 a provisional ballot. Once voted, the provisional ballot shall 6 be placed in a secrecy envelope and thereafter sealed in a 7 provisional ballot envelope. The provisional ballot shall be 8 deposited in a ballot box. All provisional ballots shall 9 remain sealed in their envelopes for return to the supervisor 10 of elections. The department shall prescribe the form of the 11 provisional ballot envelope. A person casting a provisional 12 ballot shall have the right to present written evidence 13 supporting his or her eligibility to vote to the supervisor of 14 elections by not later than 5 p.m. on the second third day 15 following the election. 16 Section 19. Subsection (3) of section 101.111, Florida 17 Statutes, is amended, and subsection (4) of that section is 18 reenacted, to read: 19 101.111 Person desiring to vote may be challenged; 20 challenger to execute oath; oath of person challenged; 21 determination of challenge.-- 22 (3) Any elector or poll watcher may challenge the 23 right of any voter to vote not sooner than 30 days before an 24 election by filing a completed copy of the oath contained in 25 subsection (1) to the supervisor of election's office. The 26 supervisor shall provide the election board in the challenged 27 voter's precinct with a copy of the challenge. The challenged 28 voter shall be permitted to cast a provisional ballot. 29 (4) Any elector or poll watcher filing a frivolous 30 challenge of any person's right to vote commits a misdemeanor 31 of the first degree, punishable as provided in s. 775.082 or 35 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 s. 775.083; however, electors or poll watchers shall not be 2 subject to liability for any action taken in good faith and in 3 furtherance of any activity or duty permitted of such electors 4 or poll watchers by law. Each instance where any elector or 5 poll watcher files a frivolous challenge of any person's right 6 to vote constitutes a separate offense. 7 Section 20. Subsection (1) of section 101.51, Florida 8 Statutes, is amended to read: 9 101.51 Electors to occupy booth alone.-- 10 (1) When the elector presents himself or herself to 11 vote, the election official shall ascertain whether the 12 elector's name is upon the register of electors, and, if the 13 elector's name appears and no challenge interposes, or, if 14 interposed, be not sustained, one of the election officials 15 stationed at the entrance shall announce the name of the 16 elector and permit him or her to enter the booth or 17 compartment to cast his or her vote, allowing only one elector 18 at a time to pass through to vote. An elector, while casting 19 his or her ballot, may not occupy a booth or compartment 20 already occupied or speak with anyone, except as provided by 21 s. 101.051. 22 Section 21. Subsections (6) and (8) of section 23 101.6103, Florida Statutes, are amended to read: 24 101.6103 Mail ballot election procedure.-- 25 (6) The canvassing board may begin the canvassing of 26 mail ballots at 7 a.m. on the sixth fourth day before the 27 election, including processing the ballots through the 28 tabulating equipment. However, results may not be released 29 until after 7 p.m. on election day. Any canvassing board 30 member or election employee who releases any result before 7 31 p.m. on election day commits a felony of the third degree, 36 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 punishable as provided in s. 775.082, s. 775.083, or s. 2 775.084. 3 (8) Effective July 1, 2005, A ballot that otherwise 4 satisfies the requirements of subsection (5) shall be counted 5 even if the elector dies after mailing the ballot but before 6 election day, as long as, prior to the death of the voter, the 7 ballot was: 8 (a) Postmarked by the United States Postal Service; 9 (b) Date-stamped with a verifiable tracking number by 10 common carrier; or 11 (c) Already in the possession of the supervisor of 12 elections. 13 Section 22. Subsections (1) and (4) of section 101.62, 14 Florida Statutes, are amended to read: 15 101.62 Request for absentee ballots.-- 16 (1)(a) The supervisor may accept a request for an 17 absentee ballot from an elector in person or in writing. 18 Except as provided in s. 101.694, one request shall be deemed 19 sufficient to receive an absentee ballot for all elections 20 through the next two regularly scheduled general elections 21 which are held within a calendar year, unless the elector or 22 the elector's designee indicates at the time the request is 23 made the elections for which the elector desires to receive an 24 absentee ballot. Such request may be considered canceled when 25 any first-class mail sent by the supervisor to the elector is 26 returned as undeliverable. 27 (b) The supervisor may accept a written or telephonic 28 request for an absentee ballot from the elector, or, if 29 directly instructed by the elector, a member of the elector's 30 immediate family, or the elector's legal guardian. For 31 purposes of this section, the term "immediate family" has the 37 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 same meaning as specified in paragraph (4)(b). The person 2 making the request must disclose: 3 1. The name of the elector for whom the ballot is 4 requested; 5 2. The elector's address; 6 3. The elector's date of birth; 7 4. The requester's name; 8 5. The requester's address; 9 6. The requester's driver's license number, if 10 available; 11 7. The requester's relationship to the elector; and 12 8. The requester's signature (written requests only). 13 (4)(a) To each absent qualified elector overseas who 14 has requested an absentee ballot, the supervisor of elections 15 shall mail an absentee ballot not less fewer than 35 days 16 before the primary election and not less than 45 days before 17 the or general election. 18 (b) The supervisor shall provide an absentee ballot to 19 each elector by whom a request for that ballot has been made 20 by one of the following means: 21 1. By nonforwardable, return-if-undeliverable mail to 22 the elector's current mailing address on file with the 23 supervisor, unless the elector specifies in the request that: 24 a. The elector is absent from the county and does not 25 plan to return before the day of the election; 26 b. The elector is temporarily unable to occupy the 27 residence because of hurricane, tornado, flood, fire, or other 28 emergency or natural disaster; or 29 c. The elector is in a hospital, assisted-living 30 facility, nursing home, short-term medical or rehabilitation 31 facility, or correctional facility, 38 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 2 in which case the supervisor shall mail the ballot by 3 nonforwardable, return-if-undeliverable mail to any other 4 address the elector specifies in the request. 5 2. By forwardable mail to voters who are entitled to 6 vote by absentee ballot under the Uniformed and Overseas 7 Citizens Absentee Voting Act. 8 3. By personal delivery before 7 p.m. on election day 9 to the elector, upon presentation of the identification 10 required in s. 101.043 s. 101.657. 11 4. By delivery to a designee on election day or up to 12 5 4 days prior to the day of an election. Any elector may 13 designate in writing a person to pick up the ballot for the 14 elector; however, the person designated may not pick up more 15 than two absentee ballots per election, other than the 16 designee's own ballot, except that additional ballots may be 17 picked up for members of the designee's immediate family. For 18 purposes of this section, "immediate family" means the 19 designee's spouse or the parent, child, grandparent, or 20 sibling of the designee or of the designee's spouse. The 21 designee shall provide to the supervisor the written 22 authorization by the elector and a picture identification of 23 the designee and must complete an affidavit. The designee 24 shall state in the affidavit that the designee is authorized 25 by the elector to pick up that ballot and shall indicate if 26 the elector is a member of the designee's immediate family 27 and, if so, the relationship. The department shall prescribe 28 the form of the affidavit. If the supervisor is satisfied that 29 the designee is authorized to pick up the ballot and that the 30 signature of the elector on the written authorization matches 31 the signature of the elector on file, the supervisor shall 39 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 give the ballot to that designee for delivery to the elector. 2 Section 23. Subsection (2) of section 101.68, Florida 3 Statutes, is amended to read: 4 101.68 Canvassing of absentee ballot.-- 5 (2)(a) The county canvassing board may begin the 6 canvassing of absentee ballots at 7 a.m. on the sixth fourth 7 day before the election, but not later than noon on the day 8 following the election. In addition, for any county using 9 electronic tabulating equipment, the processing of absentee 10 ballots through such tabulating equipment may begin at 7 a.m. 11 on the sixth fourth day before the election. However, 12 notwithstanding any such authorization to begin canvassing or 13 otherwise processing absentee ballots early, no result shall 14 be released until after the closing of the polls in that 15 county on election day. Any supervisor of elections, deputy 16 supervisor of elections, canvassing board member, election 17 board member, or election employee who releases the results of 18 a canvassing or processing of absentee ballots prior to the 19 closing of the polls in that county on election day commits a 20 felony of the third degree, punishable as provided in s. 21 775.082, s. 775.083, or s. 775.084. 22 (b) To ensure that all absentee ballots to be counted 23 by the canvassing board are accounted for, the canvassing 24 board shall compare the number of ballots in its possession 25 with the number of requests for ballots received to be counted 26 according to the supervisor's file or list. 27 (c)1. The canvassing board shall, if the supervisor 28 has not already done so, compare the signature of the elector 29 on the voter's certificate with the signature of the elector 30 in the registration books to see that the elector is duly 31 registered in the county and to determine the legality of that 40 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 absentee ballot. Effective July 1, 2005, The ballot of an 2 elector who casts an absentee ballot shall be counted even if 3 the elector dies on or before election day, as long as, prior 4 to the death of the voter, the ballot was postmarked by the 5 United States Postal Service, date-stamped with a verifiable 6 tracking number by common carrier, or already in the 7 possession of the supervisor of elections. An absentee ballot 8 shall be considered illegal if it does not include the 9 signature of the elector, as shown by the registration 10 records. However, an absentee ballot shall not be considered 11 illegal if the signature of the elector does not cross the 12 seal of the mailing envelope. If the canvassing board 13 determines that any ballot is illegal, a member of the board 14 shall, without opening the envelope, mark across the face of 15 the envelope: "rejected as illegal." The envelope and the 16 ballot contained therein shall be preserved in the manner that 17 official ballots voted are preserved. 18 2. If any elector or candidate present believes that 19 an absentee ballot is illegal due to a defect apparent on the 20 voter's certificate, he or she may, at any time before the 21 ballot is removed from the envelope, file with the canvassing 22 board a protest against the canvass of that ballot, specifying 23 the precinct, the ballot, and the reason he or she believes 24 the ballot to be illegal. A challenge based upon a defect in 25 the voter's certificate may not be accepted after the ballot 26 has been removed from the mailing envelope. 27 (d) The canvassing board shall record the ballot upon 28 the proper record, unless the ballot has been previously 29 recorded by the supervisor. The mailing envelopes shall be 30 opened and the secrecy envelopes shall be mixed so as to make 31 it impossible to determine which secrecy envelope came out of 41 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 which signed mailing envelope; however, in any county in which 2 an electronic or electromechanical voting system is used, the 3 ballots may be sorted by ballot styles and the mailing 4 envelopes may be opened and the secrecy envelopes mixed 5 separately for each ballot style. The votes on absentee 6 ballots shall be included in the total vote of the county. 7 Section 24. Subsection (2) of section 101.733, Florida 8 Statutes, is amended and subsection (4) is added to that 9 section, to read: 10 101.733 Election emergency; purpose; elections 11 emergency contingency plan.--Because of the existing and 12 continuing possibility of an emergency or common disaster 13 occurring before or during a regularly scheduled or special 14 election, and in order to ensure maximum citizen participation 15 in the electoral process and provide a safe and orderly 16 procedure for persons seeking to exercise their right to vote, 17 generally to minimize to whatever degree possible a person's 18 exposure to danger during declared states of emergency, and to 19 protect the integrity of the electoral process, it is hereby 20 found and declared to be necessary to designate a procedure 21 for the emergency suspension or delay and rescheduling of 22 elections. 23 (2) The Governor, upon consultation with the Secretary 24 of State, shall reschedule any election suspended or delayed 25 due to an emergency. The election shall be held within 10 days 26 after the date of the suspended or delayed election or as soon 27 thereafter as is practicable. Notice of the election shall be 28 provided in any reasonable manner, including, where 29 practicable, publication published at least once in a 30 newspaper of general circulation in the affected area and, 31 where practicable, broadcast as a public service announcement 42 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 on radio and television stations at least 1 week prior to the 2 date the election is to be held. 3 (4) Notwithstanding the provisions of s. 101.6102, in 4 lieu of the suspension or delay of an election in cases where 5 the situation warrants it, the Governor may provide for 6 holding the election by mail. The Department of State shall 7 adopt rules to provide for the timelines and procedures when 8 an emergency exists for which the Governor has called an 9 all-mail ballot election. 10 Section 25. Subsection (7) of section 102.014, Florida 11 Statutes, is amended to read: 12 102.014 Poll worker recruitment and training.-- 13 (7) The Department of State shall develop a mandatory, 14 statewide, and uniform program for training poll workers on 15 issues of etiquette and sensitivity with respect to voters 16 having a disability. The program must consist of approximately 17 1 hour of the required number of hours set forth in paragraph 18 (4)(a). The program must be conducted locally by each 19 supervisor of elections, who shall periodically certify to the 20 Department of State whether each poll worker has completed the 21 program prior to working during the election cycle. The 22 supervisor of elections shall contract with a recognized 23 disability-related organization, such as a center for 24 independent living, family network on disabilities, deaf 25 service bureau, or other such organization, to develop and 26 assist with training the trainers in the disability 27 sensitivity programs. The program must include actual 28 demonstrations of obstacles confronted by disabled persons 29 during the voting process, including obtaining access to the 30 polling place, traveling through the polling area, and using 31 the voting system. 43 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 Section 26. Subsection (2) of section 102.112, Florida 2 Statutes, is amended to read: 3 102.112 Deadline for submission of county returns to 4 the Department of State.-- 5 (2) Returns must be filed by 5 p.m. on the 7th day 6 following a primary election and by noon 5 p.m. on the 12th 7 11th day following the general election. However, the 8 Department of State may correct typographical errors, 9 including the transposition of numbers, in any returns 10 submitted to the Department of State pursuant to s. 11 102.111(1). 12 Section 27. Present subsections (4) through (9) of 13 section 102.141, Florida Statutes, are renumbered as 14 subsections (5) through (10), respectively, present 15 subsections (4) and (6) of that section are amended, and a new 16 subsection (4) is added to that section to read: 17 102.141 County canvassing board; duties.-- 18 (4) The canvassing board shall submit preliminary 19 returns on election night to the Department of State in a 20 format provided by the department. 21 (5)(4) The canvassing board shall submit on forms or 22 in formats provided by the division unofficial returns to the 23 Department of State for each federal, statewide, state, or 24 multicounty office or ballot measure no later than noon on the 25 third day after any primary election and no later than noon on 26 the fourth fifth day after any general or other election. Such 27 returns shall include the canvass of all ballots as required 28 by subsection (2), except for provisional ballots, which 29 returns shall be reported at the time required for official 30 returns pursuant to s. 102.112(2). 31 (7)(6) If the unofficial returns reflect that a 44 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 candidate for any office was defeated or eliminated by 2 one-half of a percent or less of the votes cast for such 3 office, that a candidate for retention to a judicial office 4 was retained or not retained by one-half of a percent or less 5 of the votes cast on the question of retention, or that a 6 measure appearing on the ballot was approved or rejected by 7 one-half of a percent or less of the votes cast on such 8 measure, the board responsible for certifying the results of 9 the vote on such race or measure shall order a recount of the 10 votes cast with respect to such office or measure. The 11 Elections Canvassing Commission is the board responsible for 12 ordering federal, state, and multicounty recounts. A recount 13 need not be ordered with respect to the returns for any 14 office, however, if the candidate or candidates defeated or 15 eliminated from contention for such office by one-half of a 16 percent or less of the votes cast for such office request in 17 writing that a recount not be made. 18 (a) Each canvassing board responsible for conducting a 19 recount shall put each marksense ballot through automatic 20 tabulating equipment and determine whether the returns 21 correctly reflect the votes cast. If any marksense ballot is 22 physically damaged so that it cannot be properly counted by 23 the automatic tabulating equipment during the recount, a true 24 duplicate shall be made of the damaged ballot pursuant to the 25 procedures in s. 101.5614(5). Immediately before the start of 26 the recount, a test of the tabulating equipment shall be 27 conducted as provided in s. 101.5612. If the test indicates no 28 error, the recount tabulation of the ballots cast shall be 29 presumed correct and such votes shall be canvassed 30 accordingly. If an error is detected, the cause therefor shall 31 be ascertained and corrected and the recount repeated, as 45 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 necessary. The canvassing board shall immediately report the 2 error, along with the cause of the error and the corrective 3 measures being taken, to the Department of State. No later 4 than 11 days after the election, the canvassing board shall 5 file a separate incident report with the Department of State, 6 detailing the resolution of the matter and identifying any 7 measures that will avoid a future recurrence of the error. 8 (b) Each canvassing board responsible for conducting a 9 recount where touchscreen ballots were used shall examine the 10 counters on the precinct tabulators to ensure that the total 11 of the returns on the precinct tabulators equals the overall 12 election return. If there is a discrepancy between the overall 13 election return and the counters of the precinct tabulators, 14 the counters of the precinct tabulators shall be presumed 15 correct and such votes shall be canvassed accordingly. 16 (c) The canvassing board shall submit on forms or in 17 formats provided by the division a second set of unofficial 18 returns to the Department of State for each federal, 19 statewide, state, or multicounty office or ballot measure no 20 later than 3 p.m. on the fifth day after any primary election 21 and no later than 3 p.m. on the ninth eighth day after any 22 general election in which a recount was conducted pursuant to 23 this subsection. If the canvassing board is unable to complete 24 the recount prescribed in this subsection by the deadline, the 25 second set of unofficial returns submitted by the canvassing 26 board shall be identical to the initial unofficial returns and 27 the submission shall also include a detailed explanation of 28 why it was unable to timely complete the recount. However, the 29 canvassing board shall complete the recount prescribed in this 30 subsection, along with any manual recount prescribed in s. 31 102.166, and certify election returns in accordance with the 46 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 requirements of this chapter. 2 (d) The Department of State shall adopt detailed rules 3 prescribing additional recount procedures for each certified 4 voting system, which shall be uniform to the extent 5 practicable. 6 Section 28. Paragraph (b) of subsection (5) of section 7 102.166, Florida Statutes, is amended to read: 8 102.166 Manual recounts.-- 9 (5) Procedures for a manual recount are as follows: 10 (b) Each duplicate ballot prepared pursuant to s. 11 101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared 12 with the original ballot to ensure the correctness of the 13 duplicate. 14 Section 29. Section 103.022, Florida Statutes, is 15 amended to read: 16 103.022 Write-in candidates for President and Vice 17 President.--Persons seeking to qualify for election as 18 write-in candidates for President and Vice President of the 19 United States may have a blank space provided on the general 20 election ballot for their names to be written in by filing an 21 oath with the Department of State on or before September 1st 22 at any time after the 57th day, but before noon of the 49th 23 day, prior to the date of the primary election in the year in 24 which a presidential election is held. The Department of State 25 shall prescribe the form to be used in administering the oath. 26 The candidates shall file with the department on or before 27 September 1st in the presidential election year a certificate 28 naming the required number of persons to serve as electors. 29 Such write-in candidates shall not be entitled to have their 30 names on the ballot. 31 Section 30. Section 103.085, Florida Statutes, is 47 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 created to read: 2 103.085 Minor political parties.--Any group of 3 citizens organized for the general purposes of electing to 4 office qualified persons and determining public issues under 5 the democratic processes of the United States may become a 6 minor political party of this state by filing with the 7 department a certificate showing the name of the organization, 8 the names of its current officers, including the members of 9 its executive committee, and a copy of its constitution or 10 bylaws. It shall be the duty of the minor political party to 11 notify the department of any changes in the filing certificate 12 within 5 days of such changes. The Division of Elections may 13 adopt rules to prescribe the manner in which a minor political 14 party's registration may be canceled for failure to file 15 reports or information required pursuant to the Florida 16 Election Code. Such rules shall, at a minimum, provide for 17 notice that explains the facts and conduct that warrant the 18 intended action. 19 Section 31. Subsection (4) of section 103.091, Florida 20 Statutes, is amended to read: 21 103.091 Political parties.-- 22 (4) Any political party other than a minor political 23 party may by rule provide for the membership of its state or 24 county executive committee to be elected for 4-year terms at 25 the primary election in each year a presidential election is 26 held. The terms shall commence on the first day of the month 27 following each presidential general election; but the names of 28 candidates for political party offices shall not be placed on 29 the ballot at any other election. The results of such election 30 shall be determined by a plurality of the votes cast. In such 31 event, electors seeking to qualify for such office shall do so 48 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 with the Department of State or supervisor of elections not 2 earlier than noon of the 71st 57th day, or later than noon of 3 the 67th 53rd day, preceding the primary election. The 4 outgoing chair of each county executive committee shall, 5 within 30 days after the committee members take office, hold 6 an organizational meeting of all newly elected members for the 7 purpose of electing officers. The chair of each state 8 executive committee shall, within 60 days after the committee 9 members take office, hold an organizational meeting of all 10 newly elected members for the purpose of electing officers. 11 Section 32. Subsection (1) of section 105.031, Florida 12 Statutes, is amended to read: 13 105.031 Qualification; filing fee; candidate's oath; 14 items required to be filed.-- 15 (1) TIME OF QUALIFYING.--Except for candidates for 16 judicial office, nonpartisan candidates for multicounty office 17 shall qualify with the Division of Elections of the Department 18 of State and nonpartisan candidates for countywide or less 19 than countywide office shall qualify with the supervisor of 20 elections. Candidates for judicial office other than the 21 office of county court judge shall qualify with the Division 22 of Elections of the Department of State, and candidates for 23 the office of county court judge shall qualify with the 24 supervisor of elections of the county. Candidates for judicial 25 office shall qualify no earlier than noon of the 120th day, 26 and no later than noon of the 116th day, before the primary 27 election. Candidates for the office of school board member 28 shall qualify no earlier than noon of the 71st 50th day, and 29 no later than noon of the 67th 46th day, before the primary 30 election. Filing shall be on forms provided for that purpose 31 by the Division of Elections and furnished by the appropriate 49 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 qualifying officer. Any person seeking to qualify by the 2 petition process, as set forth in s. 105.035, who has 3 submitted the necessary petitions by the required deadline and 4 is notified after the fifth day prior to the last day for 5 qualifying that the required number of signatures has been 6 obtained, shall be entitled to subscribe to the candidate's 7 oath and file the qualifying papers at any time within 5 days 8 from the date he or she is notified that the necessary number 9 of signatures has been obtained. Any person other than a 10 write-in candidate who qualifies within the time prescribed in 11 this subsection shall be entitled to have his or her name 12 printed on the ballot. 13 Section 33. Subsection (1) of section 106.07, Florida 14 Statutes, is amended to read: 15 106.07 Reports; certification and filing.-- 16 (1) Each campaign treasurer designated by a candidate 17 or political committee pursuant to s. 106.021 shall file 18 regular reports of all contributions received, and all 19 expenditures made, by or on behalf of such candidate or 20 political committee. Reports shall be filed on the 10th day 21 following the end of each calendar quarter from the time the 22 campaign treasurer is appointed, except that, if the 10th day 23 following the end of a calendar quarter occurs on a Saturday, 24 Sunday, or legal holiday, the report shall be filed on the 25 next following day which is not a Saturday, Sunday, or legal 26 holiday. Quarterly reports shall include all contributions 27 received and expenditures made during the calendar quarter 28 which have not otherwise been reported pursuant to this 29 section. 30 (a) Except as provided in paragraph (b), Following the 31 last day of qualifying for office, the reports shall also be 50 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 filed on the 32nd, 18th, and 4th days immediately preceding 2 the primary and on the 46th, 32nd, 18th, and 4th days 3 immediately preceding the election, for a candidate who is 4 opposed in seeking nomination or election to any office, for a 5 political committee, or for a committee of continuous 6 existence. Following the primary, reports shall be filed on 7 the 46th, 32nd, 18th, and 4th days immediately preceding the 8 general election for a candidate who is opposed in seeking 9 election to any office, for a political committee, or for a 10 committee of continuous existence. 11 (b) In addition Following the last day of qualifying 12 for office, any statewide candidate who has requested to 13 receive contributions from the Election Campaign Financing 14 Trust Fund or any statewide candidate in a race with a 15 candidate who has requested to receive contributions from the 16 trust fund shall file reports on the 4th, 11th, and 18th, 17 25th, and 32nd days prior to the primary election, and on the 18 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior 19 to the general election. 20 (c) Following the last day of qualifying for office, 21 any unopposed candidate need only file a report within 90 days 22 after the date such candidate became unopposed. Such report 23 shall contain all previously unreported contributions and 24 expenditures as required by this section and shall reflect 25 disposition of funds as required by s. 106.141. 26 (d)1. When a special election is called to fill a 27 vacancy in office, all political committees and committees of 28 continuous existence making contributions or expenditures to 29 influence the results of such special election shall file 30 campaign treasurers' reports with the filing officer on the 31 dates set by the Department of State pursuant to s. 100.111. 51 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 2. When an election is called for an issue to appear 2 on the ballot at a time when no candidates are scheduled to 3 appear on the ballot, all political committees making 4 contributions or expenditures in support of or in opposition 5 to such issue shall file reports on the 18th and 4th days 6 prior to such election. 7 (e) The filing officer shall provide each candidate 8 with a schedule designating the beginning and end of reporting 9 periods as well as the corresponding designated due dates. 10 Section 34. Subsection (4) of section 106.35, Florida 11 Statutes, is amended to read: 12 106.35 Distribution of funds.-- 13 (4) Distribution of funds shall be made beginning on 14 the 32nd day prior to the primary within 7 days after the 15 close of qualifying and every 7 days thereafter. 16 Section 35. Section 112.51, Florida Statutes, is 17 amended to read: 18 112.51 Municipal officers; suspension; removal from 19 office.-- 20 (1) By executive order stating the grounds for the 21 suspension and filed with the Secretary of State, the Governor 22 may suspend from office any elected or appointed municipal 23 official for malfeasance, misfeasance, neglect of duty, 24 habitual drunkenness, incompetence, or permanent inability to 25 perform official duties. 26 (2) Whenever any elected or appointed municipal 27 official is arrested for a felony or for a misdemeanor related 28 to the duties of office or is indicted or informed against for 29 the commission of a federal felony or misdemeanor or state 30 felony or misdemeanor, the Governor has the power to suspend 31 such municipal official from office. 52 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (3) The suspension of such official by the Governor 2 creates a temporary vacancy in such office during the 3 suspension. Any temporary vacancy in office created by 4 suspension of an official under the provisions of this section 5 shall be filled by a temporary appointment to such office for 6 the period of the suspension. Such temporary appointment 7 shall be made in the same manner and by the same authority by 8 which a permanent vacancy in such office is filled as provided 9 by law. If no provision for filling a permanent vacancy in 10 such office is provided by law, the temporary appointment 11 shall be made by the Governor. 12 (4) No municipal official who has been suspended from 13 office under this section may perform any official act, duty, 14 or function during his or her suspension; receive any pay or 15 allowance during his or her suspension; or be entitled to any 16 of the emoluments or privileges of his or her office during 17 suspension. 18 (5) If the municipal official is convicted of any of 19 the charges contained in the indictment or information by 20 reason of which he or she was suspended under the provisions 21 of this section, the Governor shall remove such municipal 22 official from office. If a person was selected to fill the 23 temporary vacancy pursuant to subsection (3), that person 24 shall serve the remaining balance, if any, of the removed 25 official's term of office. Otherwise, any vacancy created by 26 the removal shall be filled as provided by law. For the 27 purposes of this section, any person who pleads guilty or nolo 28 contendere or who is found guilty shall be deemed to have been 29 convicted, notwithstanding a suspension of sentence or a 30 withholding of adjudication. 31 (6) If the municipal official is acquitted or found 53 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 not guilty or is otherwise cleared of the charges which were 2 the basis of the arrest, indictment, or information by reason 3 of which he or she was suspended under the provisions of this 4 section, then the Governor shall forthwith revoke the 5 suspension and restore such municipal official to office; and 6 the official shall be entitled to and be paid full back pay 7 and such other emoluments or allowances to which he or she 8 would have been entitled for the full period of time of the 9 suspension. If, during the suspension, the term of office of 10 the municipal official expires and a successor is either 11 appointed or elected, such back pay, emoluments, or allowances 12 shall only be paid for the duration of the term of office 13 during which the municipal official was suspended under the 14 provisions of this section, and he or she shall not be 15 reinstated. 16 Section 36. Subsections (2) and (3) of section 17 189.405, Florida Statutes, are amended to read: 18 189.405 Elections; general requirements and 19 procedures; education programs.-- 20 (2)(a) Any independent special district located 21 entirely in a single county may provide for the conduct of 22 district elections by the supervisor of elections for that 23 county. Any independent special district that conducts its 24 elections through the office of the supervisor shall make 25 election procedures consistent with the Florida Election Code. 26 (b) Any independent special district not conducting 27 district elections through the supervisor of elections shall 28 report to the supervisor in a timely manner the purpose, date, 29 authorization, procedures, and results of each election 30 conducted by the district. 31 (c) A candidate for a position on a governing board of 54 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 a single-county special district that has its elections 2 conducted by the supervisor of elections shall qualify for the 3 office with the county supervisor of elections in whose 4 jurisdiction the district is located. Elections for governing 5 board members elected by registered electors shall be 6 nonpartisan, except when partisan elections are specified by a 7 district's charter. Candidates shall qualify as directed by 8 chapter 99. by paying a filing fee equal to 3 percent of the 9 salary or honorarium paid for the office, or a filing fee of 10 $25, whichever is more. Alternatively, candidates may qualify 11 by submitting a petition that contains the signatures of at 12 least 3 percent of the district's registered electors, or any 13 lesser amount of signatures directed by chapter 99, chapter 14 582, or other general or special law. No election or party 15 assessment shall be levied if the election is nonpartisan. The 16 qualifying fee shall be remitted to the general revenue fund 17 of the qualifying officer to help defray the cost of the 18 election. The petition form shall be submitted and checked in 19 the same manner as those for nonpartisan judicial candidates 20 pursuant to s. 105.035. 21 (3)(a) If a multicounty special district has a 22 popularly elected governing board, elections for the purpose 23 of electing members to such board shall conform to the Florida 24 Election Code, chapters 97-106. 25 (b) With the exception of those districts conducting 26 elections on a one-acre/one-vote basis, qualifying for 27 multicounty special district governing board positions shall 28 be coordinated by the Department of State. Elections for 29 governing board members elected by registered electors shall 30 be nonpartisan, except when partisan elections are specified 31 by a district's charter. Candidates shall qualify as directed 55 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 by chapter 99. by paying a filing fee equal to 3 percent of 2 the salary or honorarium paid for the office, or a filing fee 3 of $25, whichever is more. Alternatively, candidates may 4 qualify by submitting a petition that contains the signatures 5 of at least 3 percent of the district's registered electors, 6 or any lesser amount of signatures directed by chapter 99, 7 chapter 582, or other general or special law. No election or 8 party assessment shall be levied if the election is 9 nonpartisan. The qualifying fee shall be remitted to the 10 Department of State. The petition form shall be submitted and 11 checked in the same manner as those for nonpartisan judicial 12 candidates pursuant to s. 105.035. 13 Section 37. Paragraph (a) of subsection (1) of section 14 191.005, Florida Statutes, is amended to read: 15 191.005 District boards of commissioners; membership, 16 officers, meetings.-- 17 (1)(a) With the exception of districts whose governing 18 boards are appointed collectively by the Governor, the county 19 commission, and any cooperating city within the county, the 20 business affairs of each district shall be conducted and 21 administered by a five-member board. All three-member boards 22 existing on the effective date of this act shall be converted 23 to five-member boards, except those permitted to continue as a 24 three-member board by special act adopted in 1997 or 25 thereafter. The board shall be elected in nonpartisan 26 elections by the electors of the district. Except as provided 27 in this act, such elections shall be held at the time and in 28 the manner prescribed by law for holding general elections in 29 accordance with s. 189.405(2)(a) and (3), and each member 30 shall be elected for a term of 4 years and serve until the 31 member's successor assumes office. Candidates for the board of 56 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 a district shall qualify as directed by chapter 99. with the 2 county supervisor of elections in whose jurisdiction the 3 district is located. If the district is a multicounty 4 district, candidates shall qualify with the Department of 5 State. All candidates may qualify by paying a filing fee of 6 $25 or by obtaining the signatures of at least 25 registered 7 electors of the district on petition forms provided by the 8 supervisor of elections which petitions shall be submitted and 9 checked in the same manner as petitions filed by nonpartisan 10 judicial candidates pursuant to s. 105.035. Notwithstanding s. 11 106.021, a candidate who does not collect contributions and 12 whose only expense is the filing fee is not required to 13 appoint a campaign treasurer or designate a primary campaign 14 depository. 15 Section 38. Paragraph (a) of subsection (1) of section 16 582.18, Florida Statutes, is amended to read: 17 582.18 Election of supervisors of each district.-- 18 (1) The election of supervisors for each soil and 19 water conservation district shall be held every 2 years. The 20 elections shall be held at the time of the general election 21 provided for by s. 100.041. The office of the supervisor of a 22 soil and water conservation district is a nonpartisan office, 23 and candidates for such office are prohibited from campaigning 24 or qualifying for election based on party affiliation. 25 (a) Each candidate for supervisor for such district 26 shall qualify as directed by chapter 99. be nominated by 27 nominating petition subscribed by 25 or more qualified 28 electors of such district. Candidates shall obtain signatures 29 on petition forms prescribed by the Department of State and 30 furnished by the appropriate qualifying officer. In 31 multicounty districts, the appropriate qualifying officer is 57 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 the Secretary of State; in single-county districts, the 2 appropriate qualifying officer is the supervisor of elections. 3 Such forms may be obtained at any time after the first Tuesday 4 after the first Monday in January preceding the election, but 5 prior to the 21st day preceding the first day of the 6 qualifying period for state office. Each petition shall be 7 submitted, prior to noon of the 21st day preceding the first 8 day of the qualifying period for state office, to the 9 supervisor of elections of the county for which such petition 10 was circulated. The supervisor of elections shall check the 11 signatures on the petition to verify their status as electors 12 in the district. Prior to the first date for qualifying, the 13 supervisor of elections shall determine whether the required 14 single-county signatures have been obtained; and she or he 15 shall so notify the candidate. In the case of a multicounty 16 candidate, the supervisor of elections shall check the 17 signatures on petitions and shall, prior to the first date for 18 qualifying for office, certify to the Department of State the 19 number shown as registered electors of the district. The 20 Department of State shall determine if the required number of 21 signatures has been obtained for multicounty candidates and 22 shall so notify the candidate. If the required number of 23 signatures has been obtained for the name of the candidate to 24 be placed on the ballot, the candidate shall, during the time 25 prescribed for qualifying for office in s. 99.061, submit a 26 copy of the notice to, and file her or his qualification 27 papers with, the qualifying officer and take the oath 28 prescribed in s. 99.021. 29 Section 39. Subsection (1) of section 876.05, Florida 30 Statutes, is amended to read: 31 876.05 Public employees; oath.-- 58 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (1) All persons who now or hereafter are employed by 2 or who now or hereafter are on the payroll of the state, or 3 any of its departments and agencies, subdivisions, counties, 4 cities, school boards and districts of the free public school 5 system of the state or counties, or institutions of higher 6 learning, and all candidates for public office, except 7 candidates for federal office, are required to take an oath 8 before any person duly authorized to take acknowledgments of 9 instruments for public record in the state in the following 10 form: 11 12 I, ...., a citizen of the State of Florida and of the 13 United States of America, and being employed by or an officer 14 of .... and a recipient of public funds as such employee or 15 officer, do hereby solemnly swear or affirm that I will 16 support the Constitution of the United States and of the State 17 of Florida. 18 19 Section 40. Section 104.29, Florida Statutes, is 20 repealed. 21 Section 41. Subsection (27) of section 97.021, Florida 22 Statutes, is amended to read: 23 97.021 Definitions.--For the purposes of this code, 24 except where the context clearly indicates otherwise, the 25 term: 26 (27) "Primary election" means an election held 27 preceding the general election for the purpose of nominating a 28 party nominee to be voted for in the general election to fill 29 a national, state, county, or district office. The first 30 primary is a nomination or elimination election and the second 31 primary is a nominating election only. 59 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 Section 42. Subsection (1) of section 97.055, Florida 2 Statutes, is amended to read: 3 97.055 Registration books; when closed for an 4 election.-- 5 (1) The registration books must be closed on the 29th 6 day before each election and must remain closed until after 7 that election. If an election is called and there are fewer 8 than 29 days before that election, the registration books must 9 be closed immediately. When the registration books are closed 10 for an election, updates to a voter's name, address, and 11 signature pursuant to ss. 98.077 and 101.045 shall be the only 12 changes permitted for purposes of the upcoming election. Voter 13 registration applications and party changes must be accepted 14 but only for the purpose of subsequent elections. However, 15 party changes received between the book-closing date of the 16 first primary election and the date of the second primary 17 election are not effective until after the second primary 18 election. 19 Section 43. Subsection (3) of section 97.071, Florida 20 Statutes, is amended to read: 21 97.071 Voter information card.-- 22 (3) In the case of a change of name, address, or party 23 affiliation, the supervisor shall issue the voter a new voter 24 information card. However, a voter information card indicating 25 a party affiliation change made between the book-closing date 26 for the first primary election and the date of the second 27 primary election may not be issued until after the second 28 primary election. 29 Section 44. Subsection (3) of section 97.1031, Florida 30 Statutes, is amended to read: 31 97.1031 Notice of change of residence, change of name, 60 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 or change of party affiliation.-- 2 (3) The voter registration official shall make the 3 necessary changes in the elector's records as soon as 4 practicable practical upon receipt of such notice of a change 5 of address of legal residence, name, or party affiliation or 6 as otherwise provided in s. 97.055(1). The supervisor of 7 elections shall issue the new voter information card, subject 8 to the issuance restriction in s. 97.071(3). 9 Section 45. Section 98.081, Florida Statutes, is 10 amended to read: 11 98.081 Names removed from the statewide voter 12 registration system; restrictions on reregistering; 13 recordkeeping; restoration of erroneously or illegally removed 14 names.-- 15 (1) Any person who requested that his or her name be 16 removed from the registration books between the book-closing 17 date of the first primary and the date of the second primary 18 may not register in a different political party until after 19 the date of the second primary election. 20 (2)(1) When the name of any elector is removed from 21 the statewide voter registration system pursuant to s. 98.065 22 or s. 98.075, the elector's original registration application 23 shall be retained by the supervisor of elections having 24 custody of the application. As alternatives, registrations 25 removed from the statewide voter registration system may be 26 microfilmed and such microfilms substituted for the original 27 registration applications; or, when voter registration 28 information, including the voter's signature, is maintained 29 digitally or on electronic, magnetic, or optic media, such 30 stored information may be substituted for the original 31 registration application. Such microfilms or stored 61 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 information shall be retained by the supervisor of elections 2 having custody. In the event the original registration 3 applications are microfilmed or maintained digitally or on 4 electronic or other media, such originals may be destroyed in 5 accordance with the schedule approved by the Bureau of 6 Archives and Records Management of the Division of Library and 7 Information Services of the department. 8 (3)(2) When the name of any elector has been 9 erroneously or illegally removed from the statewide voter 10 registration system, the name of the elector shall be restored 11 by a voter registration official upon satisfactory proof, even 12 though the registration period for that election is closed. 13 Section 46. Subsections (1), (2), and (9) of section 14 99.061, Florida Statutes, are amended to read: 15 99.061 Method of qualifying for nomination or election 16 to federal, state, county, or district office.-- 17 (1) The provisions of any special act to the contrary 18 notwithstanding, each person seeking to qualify for nomination 19 or election to a federal, state, or multicounty district 20 office, other than election to a judicial office as defined in 21 chapter 105 or the office of school board member, shall file 22 his or her qualification papers with, and pay the qualifying 23 fee, which shall consist of the filing fee and election 24 assessment, and party assessment, if any has been levied, to, 25 the Department of State, or qualify by the petition process 26 pursuant to s. 99.095 with the Department of State, at any 27 time after noon of the 1st day for qualifying, which shall be 28 as follows: the 120th day prior to the first primary election, 29 but not later than noon of the 116th day prior to the date of 30 the first primary election, for persons seeking to qualify for 31 nomination or election to federal office or to the office of 62 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 the state attorney or the public defender; and noon of the 2 50th day prior to the first primary election, but not later 3 than noon of the 46th day prior to the date of the first 4 primary election, for persons seeking to qualify for 5 nomination or election to a state or multicounty district 6 office, other than the office of the state attorney or the 7 public defender. 8 (2) The provisions of any special act to the contrary 9 notwithstanding, each person seeking to qualify for nomination 10 or election to a county office, or district or special 11 district office not covered by subsection (1), shall file his 12 or her qualification papers with, and pay the qualifying fee, 13 which shall consist of the filing fee and election assessment, 14 and party assessment, if any has been levied, to, the 15 supervisor of elections of the county, or shall qualify by the 16 petition process pursuant to s. 99.095 with the supervisor of 17 elections, at any time after noon of the 1st day for 18 qualifying, which shall be the 50th day prior to the first 19 primary election or special district election, but not later 20 than noon of the 46th day prior to the date of the first 21 primary election or special district election. However, if a 22 special district election is held at the same time as the 23 second primary or general election, qualifying shall be the 24 50th day prior to the first primary election, but not later 25 than noon of the 46th day prior to the date of the first 26 primary election. Within 30 days after the closing of 27 qualifying time, the supervisor of elections shall remit to 28 the secretary of the state executive committee of the 29 political party to which the candidate belongs the amount of 30 the filing fee, two-thirds of which shall be used to promote 31 the candidacy of candidates for county offices and the 63 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 candidacy of members of the Legislature. 2 (9) Notwithstanding the qualifying period prescribed 3 by this section, in each year in which the Legislature 4 apportions the state, the qualifying period for persons 5 seeking to qualify for nomination or election to federal 6 office shall be between noon of the 57th day prior to the 7 first primary election, but not later than noon of the 53rd 8 day prior to the first primary election. 9 Section 47. Subsections (1), (2), and (4) of section 10 99.063, Florida Statutes, are amended to read: 11 99.063 Candidates for Governor and Lieutenant 12 Governor.-- 13 (1) No later than 5 p.m. of the 9th day following the 14 second primary election, each candidate for Governor shall 15 designate a Lieutenant Governor as a running mate. Such 16 designation must be made in writing to the Department of 17 State. 18 (2) No later than 5 p.m. of the 9th day following the 19 second primary election, each designated candidate for 20 Lieutenant Governor shall file with the Department of State: 21 (a) The candidate's oath required by s. 99.021, which 22 must contain the name of the candidate as it is to appear on 23 the ballot; the office sought; and the signature of the 24 candidate, duly acknowledged. 25 (b) The loyalty oath required by s. 876.05, signed by 26 the candidate and duly acknowledged. 27 (c) If the office sought is partisan, the written 28 statement of political party affiliation required by s. 29 99.021(1)(b). 30 (d) The full and public disclosure of financial 31 interests pursuant to s. 8, Art. II of the State Constitution. 64 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 A public officer who has filed the full and public disclosure 2 with the Commission on Ethics prior to qualifying for office 3 may file a copy of that disclosure at the time of qualifying. 4 (4) In order to have the name of the candidate for 5 Lieutenant Governor printed on the first or second primary 6 election ballot, a candidate for Governor participating in the 7 primary must designate the candidate for Lieutenant Governor, 8 and the designated candidate must qualify no later than the 9 end of the qualifying period specified in s. 99.061. If the 10 candidate for Lieutenant Governor has not been designated and 11 has not qualified by the end of the qualifying period 12 specified in s. 99.061, the phrase "Not Yet Designated" must 13 be included in lieu of the candidate's name on the primary 14 election ballots and on advance absentee ballots for the 15 general election ballot. 16 Section 48. Section 99.103, Florida Statutes, is 17 amended to read: 18 99.103 Department of State to remit part of filing 19 fees and party assessments of candidates to state executive 20 committee.-- 21 (1) If more than three-fourths of the full authorized 22 membership of the state executive committee of any party was 23 elected at the last previous election for such members and if 24 such party is declared by the Department of State to have 25 recorded on the registration books of the counties, as of the 26 first Tuesday after the first Monday in January prior to the 27 first primary election in general election years, 5 percent of 28 the total registration of such counties when added together, 29 such committee shall receive, for the purpose of meeting its 30 expenses, all filing fees collected by the Department of State 31 from its candidates less an amount equal to 15 percent of the 65 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 filing fees, which amount the Department of State shall 2 deposit in the General Revenue Fund of the state. 3 (2) Not later than 20 days after the close of 4 qualifying in even-numbered years, the Department of State 5 shall remit 95 percent of all filing fees, less the amount 6 deposited in general revenue pursuant to subsection (1), or 7 party assessments that may have been collected by the 8 department to the respective state executive committees of the 9 parties complying with subsection (1). Party assessments 10 collected by the Department of State shall be remitted to the 11 appropriate state executive committee, irrespective of other 12 requirements of this section, provided such committee is duly 13 organized under the provisions of chapter 103. The remainder 14 of filing fees or party assessments collected by the 15 Department of State shall be remitted to the appropriate state 16 executive committees not later than the date of the first 17 primary election. 18 Section 49. Section 100.061, Florida Statutes, is 19 amended to read: 20 100.061 First primary election.--In each year in which 21 a general election is held, a first primary election for 22 nomination of candidates of political parties shall be held on 23 the Tuesday 9 weeks prior to the general election. Each The 24 candidate receiving a majority the highest number of the votes 25 cast in each contest in the first primary election shall be 26 declared nominated for such office. A second primary election 27 shall be held as provided by s. 100.092 in every contest in 28 which a candidate does not receive a majority. If two or more 29 candidates receive an equal and highest number of votes for 30 the same office, such candidates shall draw lots to determine 31 which candidate is nominated. 66 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 Section 50. Section 100.081, Florida Statutes, is 2 amended to read: 3 100.081 Conducting primary elections; nomination of 4 county commissioners at primary election.--The primary 5 elections election shall provide for the nomination of county 6 commissioners by the qualified electors of such county at the 7 time and place set for voting on other county officers. 8 Section 51. Section 100.092, Florida Statutes, is 9 created to read: 10 100.092 Second primary election.-- 11 (1) In each year in which a general election is held, 12 a second primary election for nomination of candidates of 13 political parties where nominations were not made in the first 14 primary election shall be held on the Tuesday 5 weeks prior to 15 the general election. 16 (2) The names of the candidates placing first and 17 second in the first primary election shall be placed on the 18 ballot in the second primary election for each contest in 19 which no candidate receives a majority of the votes cast in 20 the first primary election, subject to the following 21 exceptions: 22 (a) In any contest in which there is a tie for first 23 place in the first primary election, only the names of the 24 candidates so tying shall be placed on the ballot in the 25 second primary election. 26 (b) In any contest in which there is a tie for second 27 place in the first primary election and the candidate placing 28 first did not receive a majority of the votes cast, the name 29 of the candidate placing first and the names of the candidates 30 tying for second shall be placed on the ballot in the second 31 primary election. 67 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (3) The candidate who receives the highest number of 2 votes cast for the office in the second primary election shall 3 be declared nominated. If two or more persons receive an equal 4 and highest number of votes for the same office in the second 5 primary, such persons shall draw lots to determine who will 6 receive the nomination. 7 Section 52. Section 100.097, Florida Statutes, is 8 created to read: 9 100.097 Special election at second primary 10 election.--Notwithstanding the provision of any local law, a 11 special election which is required by local law to be held on 12 the third Tuesday after the first primary election provided 13 for in s. 100.061 may be held in conjunction with the second 14 primary election on the date provided by general law for the 15 second primary election. 16 Section 53. Subsections (1), (3) and (4), of section 17 100.111, Florida Statutes, are amended to read: 18 100.111 Filling vacancy.-- 19 (1)(a) If any vacancy occurs in any office which is 20 required to be filled pursuant to s. 1(f), Art. IV of the 21 State Constitution and the remainder of the term of such 22 office is 28 months or longer, then at the next general 23 election a person shall be elected to fill the unexpired 24 portion of such term, commencing on the first Tuesday after 25 the first Monday following such general election. 26 (b) If such a vacancy occurs prior to the first day 27 set by law for qualifying for election to office at such 28 general election, any person seeking nomination or election to 29 the unexpired portion of the term shall qualify within the 30 time prescribed by law for qualifying for other offices to be 31 filled by election at such general election. 68 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (c) If such a vacancy occurs prior to the first 2 primary election but on or after the first day set by law for 3 qualifying, the Secretary of State shall set dates for 4 qualifying for the unexpired portion of the term of such 5 office. Any person seeking nomination or election to the 6 unexpired portion of the term shall qualify within the time 7 set by the Secretary of State. If time does not permit party 8 nominations to be made in conjunction with the first and 9 second primary elections primary election, the Governor may 10 call a special primary election, and, if necessary, a second 11 special primary election to select party nominees for the 12 unexpired portion of such term. 13 (3) Whenever there is a vacancy for which a special 14 election is required pursuant to s. 100.101, the Governor, 15 after consultation with the Secretary of State, shall fix the 16 date dates of a special first primary election, and a special 17 second primary election, and a special election. Nominees of 18 political parties other than minor political parties shall be 19 chosen under the primary laws of this state in the special 20 primary elections election to become candidates in the special 21 election. Prior to setting the special election dates, the 22 Governor shall consider any upcoming elections in the 23 jurisdiction where the special election will be held. The 24 dates fixed by the Governor shall be specific days certain and 25 shall not be established by the happening of a condition or 26 stated in the alternative. The dates fixed shall provide a 27 minimum of 2 weeks between each election. In the event a 28 vacancy occurs in the office of state senator or member of the 29 House of Representatives when the Legislature is in regular 30 legislative session, the minimum times prescribed by this 31 subsection may be waived upon concurrence of the Governor, the 69 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 Speaker of the House of Representatives, and the President of 2 the Senate. If a vacancy occurs in the office of state senator 3 and no session of the Legislature is scheduled to be held 4 prior to the next general election, the Governor may fix the 5 dates for any the special primary election and for the special 6 election to coincide with the dates of the first and second 7 primary election and general election. If a vacancy in office 8 occurs in any district in the state Senate or House of 9 Representatives or in any congressional district, and no 10 session of the Legislature, or session of Congress if the 11 vacancy is in a congressional district, is scheduled to be 12 held during the unexpired portion of the term, the Governor is 13 not required to call a special election to fill such vacancy. 14 (a) The dates for candidates to qualify in such 15 special election or special primary election shall be fixed by 16 the Department of State, and candidates shall qualify not 17 later than noon of the last day so fixed. The dates fixed for 18 qualifying shall allow a minimum of 14 days between the last 19 day of qualifying and the special first primary election. 20 (b) The filing of campaign expense statements by 21 candidates in such special elections or special primaries and 22 by committees making contributions or expenditures to 23 influence the results of such special primaries or special 24 elections shall be not later than such dates as shall be fixed 25 by the Department of State, and in fixing such dates the 26 Department of State shall take into consideration and be 27 governed by the practical time limitations. 28 (c) The dates for a candidate to qualify by the 29 petition process pursuant to s. 99.095 in such special primary 30 or special election shall be fixed by the Department of State. 31 In fixing such dates the Department of State shall take into 70 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 consideration and be governed by the practical time 2 limitations. Any candidate seeking to qualify by the petition 3 process in a special primary election shall obtain 25 percent 4 of the signatures required by s. 99.095. 5 (d) The qualifying fees and party assessments of such 6 candidates as may qualify shall be the same as collected for 7 the same office at the last previous primary for that office. 8 The party assessment shall be paid to the appropriate 9 executive committee of the political party to which the 10 candidate belongs. 11 (e) Each county canvassing board shall make as speedy 12 a return of the result of such special primary elections and 13 special elections as time will permit, and the Elections 14 Canvassing Commission likewise shall make as speedy a canvass 15 and declaration of the nominees as time will permit. 16 (4)(a) In the event that death, resignation, 17 withdrawal, removal, or any other cause or event should cause 18 a party to have a vacancy in nomination which leaves no 19 candidate for an office from such party, the Department of 20 State shall notify the chair of the appropriate state, 21 district, or county political party executive committee of 22 such party; and, within 5 days, the chair shall call a meeting 23 of his or her executive committee to consider designation of a 24 nominee to fill the vacancy. The name of any person so 25 designated shall be submitted to the Department of State 26 within 7 days after notice to the chair in order that the 27 person designated may have his or her name on the ballot of 28 the ensuing first primary, second primary, or general 29 election. If the name of the new nominee is submitted after 30 the certification of results of the preceding primary 31 election, however, the ballots shall not be changed and the 71 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 former party nominee's name will appear on the ballot. Any 2 ballots cast for the former party nominee will be counted for 3 the person designated by the political party to replace the 4 former party nominee. If there is no opposition to the party 5 nominee, the person designated by the political party to 6 replace the former party nominee will be elected to office at 7 the general election. For purposes of this paragraph, the term 8 "district political party executive committee" means the 9 members of the state executive committee of a political party 10 from those counties comprising the area involving a district 11 office. 12 (b) When, under the circumstances set forth in the 13 preceding paragraph, vacancies in nomination are required to 14 be filled by committee nominations, such vacancies shall be 15 filled by party rule. In any instance in which a nominee is 16 selected by a committee to fill a vacancy in nomination, such 17 nominee shall pay the same filing fee and take the same oath 18 as the nominee would have taken had he or she regularly 19 qualified for election to such office. 20 (c) Any person who, at the close of qualifying as 21 prescribed in ss. 99.061 and 105.031, was qualified for 22 nomination or election to or retention in a public office to 23 be filled at the ensuing general election is prohibited from 24 qualifying as a candidate to fill a vacancy in nomination for 25 any other office to be filled at that general election, even 26 if such person has withdrawn or been eliminated as a candidate 27 for the original office sought. However, this paragraph does 28 not apply to a candidate for the office of Lieutenant Governor 29 who applies to fill a vacancy in nomination for the office of 30 Governor on the same ticket or to a person who has withdrawn 31 or been eliminated as a candidate and who is subsequently 72 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 designated as a candidate for Lieutenant Governor under s. 2 99.063. 3 Section 54. Subsection (2) of section 100.141, Florida 4 Statutes, is amended to read: 5 100.141 Notice of special election to fill any vacancy 6 in office.-- 7 (2) The Department of State shall prepare a notice 8 stating what offices are to be filled in the special election, 9 the date dates set for the special primary election and each 10 the special election, the dates fixed for qualifying for 11 office, the dates fixed for qualifying by the petition process 12 pursuant to s. 99.095, and the dates fixed for filing campaign 13 expense statements. 14 Section 55. Subsection (2) of section 101.252, Florida 15 Statutes, is amended to read: 16 101.252 Candidates entitled to have names printed on 17 certain ballots; exception.-- 18 (2) Any candidate for party executive committee member 19 who has qualified as prescribed by law is entitled to have his 20 or her name printed on the first primary election ballot. 21 However, when there is only one candidate of any political 22 party qualified for such an office, the name of the candidate 23 shall not be printed on the first primary election ballot, and 24 such candidate shall be declared elected to the state or 25 county executive committee. 26 Section 56. Subsection (4) of section 101.62, Florida 27 Statutes, is amended to read: 28 101.62 Request for absentee ballots.-- 29 (4)(a) To each absent qualified elector overseas who 30 has requested an absentee ballot, the supervisor of elections 31 shall mail an absentee ballot not fewer than 35 days before 73 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 the first primary or general election. Not fewer than 45 days 2 before the second primary and general election, the supervisor 3 of elections shall mail an advance absentee ballot to those 4 persons requesting ballots for such elections. The advance 5 absentee ballot for the second primary shall be the same as 6 the first primary absentee ballot as to the names of 7 candidates, except that for any offices where there are only 8 two candidates those offices and all political party executive 9 committee offices shall be omitted. Except as provided in ss. 10 99.063(4) and 100.371(5), the advance absentee ballot for the 11 general election shall be as specified in s. 101.151, except 12 that in the case of candidates of political parties where 13 nominations were not made in the first primary, the names of 14 the candidates placing first and second in the first primary 15 election shall be printed on the advance absentee ballot. The 16 advance absentee ballot or advance absentee ballot information 17 booklet shall be of a different color for each election and 18 also a different color from the absentee ballots for the first 19 primary, second primary, and general election. The supervisor 20 shall mail an advance absentee ballot for the second primary 21 and general election to each qualified absent elector for whom 22 a request is received until the absentee ballots are printed. 23 The supervisor shall enclose with the advance second primary 24 absentee ballot and advance general election absentee ballot 25 an explanation stating that the absentee ballot for the 26 election will be mailed as soon as it is printed; and, if both 27 the advance absentee ballot and the absentee ballot for the 28 election are returned in time to be counted, only the absentee 29 ballot will be counted. The Department of State may prescribe 30 by rule the requirements for preparing and mailing absentee 31 ballots to absent qualified electors overseas. 74 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 (b) As soon as the remainder of the absentee ballots 2 are printed, the The supervisor shall provide an absentee 3 ballot to each elector by whom a request for that ballot has 4 been made by one of the following means: 5 1. By nonforwardable, return-if-undeliverable mail to 6 the elector's current mailing address on file with the 7 supervisor, unless the elector specifies in the request that: 8 a. The elector is absent from the county and does not 9 plan to return before the day of the election; 10 b. The elector is temporarily unable to occupy the 11 residence because of hurricane, tornado, flood, fire, or other 12 emergency or natural disaster; or 13 c. The elector is in a hospital, assisted-living 14 facility, nursing home, short-term medical or rehabilitation 15 facility, or correctional facility, 16 17 in which case the supervisor shall mail the ballot by 18 nonforwardable, return-if-undeliverable mail to any other 19 address the elector specifies in the request. 20 2. By forwardable mail to voters who are entitled to 21 vote by absentee ballot under the Uniformed and Overseas 22 Citizens Absentee Voting Act. 23 3. By personal delivery before 7 p.m. on election day 24 to the elector, upon presentation of the identification 25 required in s. 101.657. 26 4. By delivery to a designee on election day or up to 27 4 days prior to the day of an election. Any elector may 28 designate in writing a person to pick up the ballot for the 29 elector; however, the person designated may not pick up more 30 than two absentee ballots per election, other than the 31 designee's own ballot, except that additional ballots may be 75 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 picked up for members of the designee's immediate family. For 2 purposes of this section, "immediate family" means the 3 designee's spouse or the parent, child, grandparent, or 4 sibling of the designee or of the designee's spouse. The 5 designee shall provide to the supervisor the written 6 authorization by the elector and a picture identification of 7 the designee and must complete an affidavit. The designee 8 shall state in the affidavit that the designee is authorized 9 by the elector to pick up that ballot and shall indicate if 10 the elector is a member of the designee's immediate family 11 and, if so, the relationship. The department shall prescribe 12 the form of the affidavit. If the supervisor is satisfied that 13 the designee is authorized to pick up the ballot and that the 14 signature of the elector on the written authorization matches 15 the signature of the elector on file, the supervisor shall 16 give the ballot to that designee for delivery to the elector. 17 Section 57. Subsection (4) of section 102.014, Florida 18 Statutes, is amended to read: 19 102.014 Poll worker recruitment and training.-- 20 (4) Each supervisor of elections shall be responsible 21 for training inspectors and clerks, subject to the following 22 minimum requirements: 23 (a) No clerk shall be entitled to work at the polls 24 unless he or she has had a minimum of 3 hours of training 25 prior to each election. 26 (b) No inspector shall work at the polls unless he or 27 she has had a minimum of 2 hours of training prior to each 28 election. 29 (c) For the purposes of this subsection, the first and 30 second primary elections shall be considered one election. 31 Section 58. Subsections (3) and (4) of section 76 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 103.021, Florida Statutes, are amended to read: 2 103.021 Nomination for presidential 3 electors.--Candidates for presidential electors shall be 4 nominated in the following manner: 5 (3) Candidates for President and Vice President with 6 no party affiliation may have their names printed on the 7 general election ballots if a petition is signed by 1 percent 8 of the registered electors of this state, as shown by the 9 compilation by the Department of State for the last preceding 10 general election. A separate petition from each county for 11 which signatures are solicited shall be submitted to the 12 supervisor of elections of the respective county no later than 13 July 15 of each presidential election year. The supervisor 14 shall check the names and, on or before the date of the first 15 primary election, shall certify the number shown as registered 16 electors of the county. The supervisor shall be paid by the 17 person requesting the certification the cost of checking the 18 petitions as prescribed in s. 99.097. The supervisor shall 19 then forward the certificate to the Department of State which 20 shall determine whether or not the percentage factor required 21 in this section has been met. When the percentage factor 22 required in this section has been met, the Department of State 23 shall order the names of the candidates for whom the petition 24 was circulated to be included on the ballot and shall permit 25 the required number of persons to be certified as electors in 26 the same manner as party candidates. 27 (4)(a) A minor political party that is affiliated with 28 a national party holding a national convention to nominate 29 candidates for President and Vice President of the United 30 States may have the names of its candidates for President and 31 Vice President of the United States printed on the general 77 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 election ballot by filing with the Department of State a 2 certificate naming the candidates for President and Vice 3 President and listing the required number of persons to serve 4 as electors. Notification to the Department of State under 5 this subsection shall be made by September 1 of the year in 6 which the election is held. When the Department of State has 7 been so notified, it shall order the names of the candidates 8 nominated by the minor political party to be included on the 9 ballot and shall permit the required number of persons to be 10 certified as electors in the same manner as other party 11 candidates. As used in this section, the term "national party" 12 means a political party established and admitted to the ballot 13 in at least one state other than Florida. 14 (b) A minor political party that is not affiliated 15 with a national party holding a national convention to 16 nominate candidates for President and Vice President of the 17 United States may have the names of its candidates for 18 President and Vice President printed on the general election 19 ballot if a petition is signed by 1 percent of the registered 20 electors of this state, as shown by the compilation by the 21 Department of State for the preceding general election. A 22 separate petition from each county for which signatures are 23 solicited shall be submitted to the supervisors of elections 24 of the respective county no later than July 15 of each 25 presidential election year. The supervisor shall check the 26 names and, on or before the date of the first primary 27 election, shall certify the number shown as registered 28 electors of the county. The supervisor shall be paid by the 29 person requesting the certification the cost of checking the 30 petitions as prescribed in s. 99.097. The supervisor shall 31 then forward the certificate to the Department of State, which 78 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 shall determine whether or not the percentage factor required 2 in this section has been met. When the percentage factor 3 required in this section has been met, the Department of State 4 shall order the names of the candidates for whom the petition 5 was circulated to be included on the ballot and shall permit 6 the required number of persons to be certified as electors in 7 the same manner as other party candidates. 8 Section 59. Section 103.022, Florida Statutes, is 9 amended to read: 10 103.022 Write-in candidates for President and Vice 11 President.--Persons seeking to qualify for election as 12 write-in candidates for President and Vice President of the 13 United States may have a blank space provided on the general 14 election ballot for their names to be written in by filing an 15 oath with the Department of State at any time after the 57th 16 day, but before noon of the 49th day, prior to the date of the 17 first primary election in the year in which a presidential 18 election is held. The Department of State shall prescribe the 19 form to be used in administering the oath. The candidates 20 shall file with the department a certificate naming the 21 required number of persons to serve as electors. Such 22 write-in candidates shall not be entitled to have their names 23 on the ballot. 24 Section 60. Subsection (4) of section 103.091, Florida 25 Statutes, is amended to read: 26 103.091 Political parties.-- 27 (4) Any political party other than a minor political 28 party may by rule provide for the membership of its state or 29 county executive committee to be elected for 4-year terms at 30 the first primary election in each year a presidential 31 election is held. The terms shall commence on the first day of 79 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 the month following each presidential general election; but 2 the names of candidates for political party offices shall not 3 be placed on the ballot at any other election. The results of 4 such election shall be determined by a plurality of the votes 5 cast. In such event, electors seeking to qualify for such 6 office shall do so with the Department of State or supervisor 7 of elections not earlier than noon of the 57th day, or later 8 than noon of the 53rd day, preceding the first primary 9 election. The outgoing chair of each county executive 10 committee shall, within 30 days after the committee members 11 take office, hold an organizational meeting of all newly 12 elected members for the purpose of electing officers. The 13 chair of each state executive committee shall, within 60 days 14 after the committee members take office, hold an 15 organizational meeting of all newly elected members for the 16 purpose of electing officers. 17 Section 61. Subsection (1) of section 105.031, Florida 18 Statutes, is amended to read: 19 105.031 Qualification; filing fee; candidate's oath; 20 items required to be filed.-- 21 (1) TIME OF QUALIFYING.--Except for candidates for 22 judicial office, nonpartisan candidates for multicounty office 23 shall qualify with the Division of Elections of the Department 24 of State and nonpartisan candidates for countywide or less 25 than countywide office shall qualify with the supervisor of 26 elections. Candidates for judicial office other than the 27 office of county court judge shall qualify with the Division 28 of Elections of the Department of State, and candidates for 29 the office of county court judge shall qualify with the 30 supervisor of elections of the county. Candidates for judicial 31 office shall qualify no earlier than noon of the 120th day, 80 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 and no later than noon of the 116th day, before the first 2 primary election. Candidates for the office of school board 3 member shall qualify no earlier than noon of the 50th day, and 4 no later than noon of the 46th day, before the first primary 5 election. Filing shall be on forms provided for that purpose 6 by the Division of Elections and furnished by the appropriate 7 qualifying officer. Any person seeking to qualify by the 8 petition process, as set forth in s. 105.035, who has 9 submitted the necessary petitions by the required deadline and 10 is notified after the fifth day prior to the last day for 11 qualifying that the required number of signatures has been 12 obtained, shall be entitled to subscribe to the candidate's 13 oath and file the qualifying papers at any time within 5 days 14 from the date he or she is notified that the necessary number 15 of signatures has been obtained. Any person other than a 16 write-in candidate who qualifies within the time prescribed in 17 this subsection shall be entitled to have his or her name 18 printed on the ballot. 19 Section 62. Subsections (1) and (2) of section 20 105.041, Florida Statutes, are amended to read: 21 105.041 Form of ballot.-- 22 (1) BALLOTS.--The names of candidates for nonpartisan 23 office which appear on the ballot at the first primary 24 election shall be grouped together on a separate portion of 25 the ballot or on a separate ballot. The names of candidates 26 for election to nonpartisan office which appear on the ballot 27 at the general election and the names of justices and judges 28 seeking retention to office shall be grouped together on a 29 separate portion of the general election ballot. 30 (2) LISTING OF CANDIDATES.-- 31 (a) Except as provided in paragraph (b), the order of 81 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 nonpartisan offices appearing on the ballot shall be 2 determined by the Department of State. The names of candidates 3 for election to each nonpartisan office shall be listed in 4 alphabetical order. With respect to retention of justices and 5 judges, the question "Shall Justice (or Judge) (name of 6 justice or judge) of the (name of the court) be retained in 7 office?" shall appear on the ballot in alphabetical order and 8 thereafter the words "Yes" and "No." 9 (b)1. The names of candidates for the office of 10 circuit judge shall be listed on the first primary election 11 ballot in the order determined by lot conducted by the 12 director of the Division of Elections of the Department of 13 State after the close of the qualifying period. 14 2. Candidates who have secured a position on the 15 general election ballot, after having survived elimination at 16 the first primary election, shall have their names listed in 17 the same order as on the first primary election ballot, 18 notwithstanding the elimination of any intervening names as a 19 result of the first primary election. 20 Section 63. Paragraph (b) of subsection (1) of section 21 105.051, Florida Statutes, is amended to read: 22 105.051 Determination of election or retention to 23 office.-- 24 (1) ELECTION.--In circuits and counties holding 25 elections: 26 (b) If two or more candidates, neither of whom is a 27 write-in candidate, qualify for such an office, the names of 28 those candidates shall be placed on the ballot at the first 29 primary election. If any candidate for such office receives a 30 majority of the votes cast for such office in the first 31 primary election, the name of the candidate who receives such 82 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 majority shall not appear on any other ballot unless a 2 write-in candidate has qualified for such office. An unopposed 3 candidate shall be deemed to have voted for himself or herself 4 at the general election. If no candidate for such office 5 receives a majority of the votes cast for such office in the 6 first primary election, the names of the two candidates 7 receiving the highest number of votes for such office shall be 8 placed on the general election ballot. If more than two 9 candidates receive an equal and highest number of votes, the 10 name of each candidate receiving an equal and highest number 11 of votes shall be placed on the general election ballot. In 12 any contest in which there is a tie for second place and the 13 candidate placing first did not receive a majority of the 14 votes cast for such office, the name of the candidate placing 15 first and the name of each candidate tying for second shall be 16 placed on the general election ballot. 17 Section 64. Paragraphs (a) and (b) of subsection (1) 18 of section 106.07, Florida Statutes, are amended to read: 19 106.07 Reports; certification and filing.-- 20 (1) Each campaign treasurer designated by a candidate 21 or political committee pursuant to s. 106.021 shall file 22 regular reports of all contributions received, and all 23 expenditures made, by or on behalf of such candidate or 24 political committee. Reports shall be filed on the 10th day 25 following the end of each calendar quarter from the time the 26 campaign treasurer is appointed, except that, if the 10th day 27 following the end of a calendar quarter occurs on a Saturday, 28 Sunday, or legal holiday, the report shall be filed on the 29 next following day which is not a Saturday, Sunday, or legal 30 holiday. Quarterly reports shall include all contributions 31 received and expenditures made during the calendar quarter 83 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 which have not otherwise been reported pursuant to this 2 section. 3 (a) Except as provided in paragraph (b), following the 4 last day of qualifying for office, the reports shall be filed 5 on the 32nd, 18th, and 4th days immediately preceding the 6 first primary and on the 46th, 32nd, 18th, and 4th days 7 immediately preceding the second primary and general election, 8 for a candidate who is opposed in seeking nomination or 9 election to any office, for a political committee, or for a 10 committee of continuous existence. 11 (b) Following the last day of qualifying for office, 12 any statewide candidate who has requested to receive 13 contributions from the Election Campaign Financing Trust Fund 14 or any statewide candidate in a race with a candidate who has 15 requested to receive contributions from the trust fund shall 16 file reports on the 4th, 11th, 18th, 25th, and 32nd days prior 17 to the first primary and general elections primary election, 18 and on the 4th, 11th, 18th, and 25th, 32nd, 39th, 46th, and 19 53rd days prior to the second primary general election. 20 Section 65. Paragraph (c) of subsection (1) of section 21 106.08, Florida Statutes, is amended to read: 22 106.08 Contributions; limitations on.-- 23 (1) 24 (c) The contribution limits of this subsection apply 25 to each election. For purposes of this subsection, the first 26 primary election, second primary election, and general 27 election are separate elections so long as the candidate is 28 not an unopposed candidate as defined in s. 106.011(15). 29 However, for the purpose of contribution limits with respect 30 to candidates for retention as a justice or judge, there is 31 only one election, which is the general election. With respect 84 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 to candidates in a circuit holding an election for circuit 2 judge or in a county holding an election for county court 3 judge, there are only two elections, which are the first 4 primary election and general election. 5 Section 66. Subsection (1) of section 106.29, Florida 6 Statutes, is amended to read: 7 106.29 Reports by political parties; restrictions on 8 contributions and expenditures; penalties.-- 9 (1) The state executive committee and each county 10 executive committee of each political party regulated by 11 chapter 103 shall file regular reports of all contributions 12 received and all expenditures made by such committee. Such 13 reports shall contain the same information as do reports 14 required of candidates by s. 106.07 and shall be filed on the 15 10th day following the end of each calendar quarter, except 16 that, during the period from the last day for candidate 17 qualifying until the general election, such reports shall be 18 filed on the Friday immediately preceding both the first 19 primary election, the second primary election, and the general 20 election. In addition to the reports filed under this section, 21 the state executive committee and each county executive 22 committee shall file a copy of each prior written acceptance 23 of an in-kind contribution given by the committee during the 24 preceding calendar quarter as required under s. 106.08(6). 25 Each state executive committee shall file the original and one 26 copy of its reports with the Division of Elections. Each 27 county executive committee shall file its reports with the 28 supervisor of elections in the county in which such committee 29 exists. Any state or county executive committee failing to 30 file a report on the designated due date shall be subject to a 31 fine as provided in subsection (3). No separate fine shall be 85 10:52 AM 03/26/07 s0958p-ee00-r3e
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 958 Barcode 324446 582-2032D-07 1 assessed for failure to file a copy of any report required by 2 this section. 3 Section 67. This act shall take effect January 1, 4 2008. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 86 10:52 AM 03/26/07 s0958p-ee00-r3e
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