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Amendment CaShTmL-914508.HTM
    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for SB's 960 & 1010
                        Barcode 914508
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1/OO/2R          .                    
       04/26/2007 05:08 PM         .                    
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11  Senator Aronberg moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 12, line 27, through
15            page 23, line 8, delete those lines
16  
17  and insert:  
18         Section 5.  Effective July 1, 2008, subsection (1) and
19  paragraph (a) of subsection (2) of section 101.151, Florida
20  Statutes, are amended to read:
21         101.151  Specifications for ballots.--
22         (1)(a)  Marksense ballots shall be printed on paper of
23  such thickness that the printing cannot be distinguished from
24  the back and shall meet the specifications of the voting
25  system that will be used to tabulate the ballots.
26         (b)  Early voting sites may employ a ballot-on-demand
27  production system to print individual marksense ballots,
28  including provisional ballots, for eligible electors pursuant
29  to s. 101.657. Ballot-on-demand technology may be used to
30  produce marksense absentee ballots. Not later than 30 days
31  before an election, the Secretary of State may also authorize
                                  1
    4:11 PM   04/25/07                             s0960c2c-27-r3g

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 in writing the use of ballot-on-demand technology for the 2 production of election-day ballots. 3 (2)(a) The ballot shall have headings under which 4 shall appear the names of the offices and the names of the 5 candidates for the respective offices in the following order: 6 the heading "President and Vice President" and thereunder the 7 names of the candidates for President and Vice President of 8 the United States nominated by the political party that 9 received the highest vote for Governor in the last general 10 election of the Governor in this state. Then shall appear the 11 names of other candidates for President and Vice President of 12 the United States who have been properly nominated. Then shall 13 follow the heading "Congressional" and thereunder the offices 14 of United States Senator and Representative in Congress; then 15 the heading "State" and thereunder the offices of Governor and 16 Lieutenant Governor, Attorney General, Chief Financial 17 Officer, Commissioner of Agriculture, state attorney, and 18 public defender, together with the names of the candidates for 19 each office and the title of the office which they seek; then 20 the heading "Legislative" and thereunder the offices of state 21 senator and state representative; then the heading "County" 22 and thereunder clerk of the circuit court, clerk of the county 23 court (when authorized by law), sheriff, property appraiser, 24 tax collector, district superintendent of schools, and 25 supervisor of elections. Thereafter follows: members of the 26 board of county commissioners, and such other county and 27 district offices as are involved in the election, in the order 28 fixed by the Department of State, followed, in the year of 29 their election, by "Party Offices," and thereunder the offices 30 of state and county party executive committee members. In a 31 general election, in addition to the names printed on the 2 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 ballot, a blank space shall be provided under each heading for 2 an office for which a write-in candidate has qualified. With 3 respect to write-in candidates, if two or more candidates are 4 seeking election to one office, only one blank space shall be 5 provided. However, if all party candidates for a particular 6 office share the same party affiliation, and if a write-in 7 candidate for that office has the same party affiliation as 8 those party candidates, a blank space must be placed on the 9 primary ballot instead of the general election ballot. If two 10 or more write-in candidates seek election for an office and 11 each write-in candidate has the same party affiliation as all 12 party candidates for that office, only one blank space may be 13 provided on the primary ballot. 14 Section 6. Effective July 1, 2008, section 101.56075, 15 Florida Statutes, is created to read: 16 101.56075 Voting methods.-- 17 (1) Except as provided in subsection (2), all voting 18 shall be by marksense ballot utilizing a marking device for 19 the purpose of designating ballot selections. 20 (2) Persons with disabilities may vote on a voter 21 interface device that meets the voting system accessibility 22 requirements for individuals with disabilities pursuant to 23 section 301 of the federal Help America Vote Act of 2002 and 24 s. 101.56062. 25 (3) By 2012, persons with disabilities shall vote on a 26 voter interface device that meets the voter accessibility 27 requirements for individuals with disabilities under section 28 301 of the federal Help America Vote Act of 2002 and s. 29 101.56062, which are consistent with subsection (1) of this 30 section. 31 Section 7. Effective July 1, 2008, subsection (5) is 3 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 added to section 101.5612, Florida Statutes, to read: 2 101.5612 Testing of tabulating equipment.-- 3 (5) Any tests involving marksense ballots pursuant to 4 this section shall employ pre-printed ballots, if pre-printed 5 ballots will be used in the election, and ballot-on-demand 6 ballots, if ballot-on-demand technology will be used to 7 produce ballots in the election, or both. 8 Section 8. Effective July 1, 2008, section 101.591, 9 Florida Statutes, is amended to read: 10 (Substantial rewording of section. See 11 s. 101.591, F.S., for present text.) 12 101.591 Voting system audit.-- 13 (1) Immediately following the certification of each 14 election, the county canvassing board or the local board 15 responsible for certifying the election shall conduct a manual 16 audit of the voting systems used in randomly selected 17 precincts. 18 (2) The audit shall consist of a public manual tally 19 of the votes cast in the "President and Vice President" or 20 "Governor and Lieutenant Governor" race that appears at the 21 top of the ballot or, if neither appears, the first race 22 appearing on the ballot pursuant to s. 101.151(2), or, in the 23 case of a purely municipal election, the first municipal race 24 or issue on that ballot. The tally shall include election-day, 25 absentee, early voting, provisional, and overseas ballots, in 26 at least 1 percent but no more than 2 percent of the precincts 27 chosen at random by the county canvassing board or the local 28 board responsible for certifying the election. If 1 percent of 29 the precincts is less than one entire precinct, the audit 30 shall be conducted using at least one precinct chosen at 31 random by the county canvassing board or the local board 4 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 responsible for certifying the election. Such precincts shall 2 be selected at a publicly-noticed canvassing board meeting. 3 (3) The canvassing board shall post a notice of the 4 audit, including the date, time, and place, in four 5 conspicuous places in the county and on the home page of the 6 county supervisor of elections web site. 7 (4) The audit must be completed and the results made 8 public no later than 11:59 p.m. on the 7th day following 9 certification of the election by the county canvassing board 10 or the local board responsible for certifying the election. 11 (5) Within 15 days after completion of the audit, the 12 county canvassing board or the board responsible for 13 certifying the election shall provide a report with the 14 results of the audit to the Department of State in a standard 15 format as prescribed by the department. The report shall 16 contain, but is not limited to, the following items: 17 (a) The overall accuracy of audit. 18 (b) A description of any problems or discrepancies 19 encountered. 20 (c) The likely cause of such problems or 21 discrepancies. 22 (d) Recommended corrective action with respect to 23 avoiding or mitigating such circumstances in future elections. 24 Section 9. Effective upon this act becoming a law, the 25 Department of State shall adopt rules to implement the 26 provisions of s. 101.591, Florida Statutes, as amended by 27 section 8 which prescribe detailed audit procedures for each 28 voting system, which shall be uniform to the extent 29 practicable, along with the standard form for audit reports. 30 Section 10. Effective upon this act becoming a law: 31 (1) Notwithstanding ss. 101.292-101.295 and s. 5 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 101.5604, Florida Statutes, as a condition of the state 2 purchasing optical scan voting equipment and ballot-on-demand 3 equipment to replace touchscreen equipment as provided in 4 section 11, each recipient county hereby authorizes the 5 Secretary of State to act as its agent to negotiate the 6 purchase of new equipment and the sale, exchange, or other 7 disposition of existing touchscreen voting equipment that is 8 not necessary to conduct voting for individuals with 9 disabilities. Further, each such county hereby designates the 10 Secretary of State as the authorized recipient of all proceeds 11 realized from the sale, exchange, or other disposition of the 12 voting equipment up to and including the state's cost to fund 13 the county's new equipment. The secretary shall deposit the 14 proceeds in the Grants and Donations Trust Fund within 60 days 15 after the sale, exchange, or other disposition. 16 (2) A county commission may choose to opt out of this 17 state funding scheme by filing a notice to that effect with 18 the Department of State no later than June 30, 2007. Any 19 county choosing to opt out shall continue to be governed by 20 the provisions of ss. 101.292-101.295 and s. 101.5604, Florida 21 Statutes, with respect to the purchase of new voting systems 22 and equipment. 23 Section 11. Effective July 1, 2007: 24 (1) The Department of State is authorized to purchase: 25 (a) Election-day optical scan voting equipment, for 26 the following counties: Broward, Charlotte, Collier, 27 Hillsborough, Indian River, Lake, Lee, Martin, Miami-Dade, 28 Nassau, Palm Beach, Pasco, Pinellas, Sarasota, and Sumter. 29 (b) Ballot-on-demand equipment for use at early voting 30 sites, including optical scan tabulators, for the following 31 counties: Bay, Brevard, Broward, Charlotte, Clay, Collier, 6 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 Escambia, Hillsborough, Indian River, Jackson, Lake, Lee, 2 Levy, Marion, Martin, Miami-Dade, Nassau, Okaloosa, Orange, 3 Osceola, Palm Beach, Pasco, Pinellas, Santa Rosa, Sarasota, 4 St. Johns, Sumter, Taylor, and Washington. 5 (2) The sum of $27,861,850 is appropriated from the 6 Grants and Donations Trust Fund to the Division of Elections 7 within the Department of State for the purpose of implementing 8 this section. 9 Section 12. Paragraph (b) of subsection (1) of section 10 97.041, Florida Statutes, is amended to read: 11 97.041 Qualifications to register or vote.-- 12 (1) 13 (b) A person who is otherwise qualified may 14 preregister on or after that person's 17th birthday or receipt 15 of a valid Florida driver's license, whichever occurs earlier, 16 and may vote in any election occurring on or after that 17 person's 18th birthday. 18 Section 13. Subsections (6) and (7) of section 97.053, 19 Florida Statutes, are amended to read: 20 97.053 Acceptance of voter registration 21 applications.-- 22 (6) A voter registration application may be accepted 23 as valid only after the department has verified the 24 authenticity or nonexistence of the driver's license number, 25 the Florida identification card number, or the last four 26 digits of the social security number provided by the 27 applicant. If a completed voter registration application has 28 been received by the book-closing deadline but the driver's 29 license number, the Florida identification card number, or the 30 last four digits of the social security number provided by the 31 applicant cannot be verified, the applicant shall be notified 7 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 that the application is incomplete and that the voter must 2 provide evidence to the supervisor sufficient to verify the 3 authenticity of the number provided on the application. If the 4 voter provides the necessary evidence, the supervisor shall 5 place the voter's name on the registration rolls as an active 6 voter. If the voter has not provided the necessary evidence or 7 the number has not otherwise been verified prior to the 8 applicant presenting himself or herself to vote, the applicant 9 shall be provided a provisional ballot. The provisional ballot 10 shall be counted only if the application is verified by the 11 end of the canvassing period or if the applicant presents 12 evidence to the supervisor of elections sufficient to verify 13 the authenticity of the driver's license number, Florida 14 identification card number, or last four digits of the social 15 security number provided on the application no later than 5 16 p.m. of the second third day following the election. 17 (7) All voter registration applications received by a 18 voter registration official shall be entered into the 19 statewide voter registration system within 13 15 days after 20 receipt. Once entered, the application shall be immediately 21 forwarded to the appropriate supervisor of elections. 22 Section 14. Paragraph (a) of subsection (1) of section 23 99.021, Florida Statutes, is amended, present paragraph (c) is 24 redesignated as paragraph (d), and a new paragraph (c) is 25 added to that subsection, to read: 26 99.021 Form of candidate oath.-- 27 (1)(a)1. Each candidate, whether a party candidate, a 28 candidate with no party affiliation, or a write-in candidate, 29 in order to qualify for nomination or election to any office 30 other than a judicial office as defined in chapter 105 or a 31 federal office, shall take and subscribe to an oath or 8 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 affirmation in writing. A printed copy of the oath or 2 affirmation shall be furnished to the candidate by the officer 3 before whom such candidate seeks to qualify and shall be 4 substantially in the following form: 5 6 State of Florida 7 County of.... 8 Before me, an officer authorized to administer oaths, 9 personally appeared ...(please print name as you wish it to 10 appear on the ballot)..., to me well known, who, being sworn, 11 says that he or she is a candidate for the office of ....; 12 that he or she is a qualified elector of .... County, Florida; 13 that he or she is qualified under the Constitution and the 14 laws of Florida to hold the office to which he or she desires 15 to be nominated or elected; that he or she has taken the oath 16 required by ss. 876.05-876.10, Florida Statutes; that he or 17 she has qualified for no other public office in the state, the 18 term of which office or any part thereof runs concurrent with 19 that of the office he or she seeks; and that he or she has 20 resigned from any office from which he or she is required to 21 resign pursuant to s. 99.012, Florida Statutes. 22 ...(Signature of candidate)... 23 ...(Address)... 24 25 Sworn to and subscribed before me this .... day of ...., 26 ...(year)..., at .... County, Florida. 27 ...(Signature and title of officer administering oath)... 28 29 2. Each candidate for federal office, whether a party 30 candidate, a candidate with no party affiliation, or a 31 write-in candidate, in order to qualify for nomination or 9 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 election to office shall take and subscribe to an oath or 2 affirmation in writing. A printed copy of the oath or 3 affirmation shall be furnished to the candidate by the officer 4 before whom such candidate seeks to qualify and shall be 5 substantially in the following form: 6 7 State of Florida 8 County of __________ 9 Before me, an officer authorized to administer oaths, 10 personally appeared (please print name as you wish it to 11 appear on the ballot), to me well known, who, being sworn, 12 says that he or she is a candidate for the office of 13 __________; that he or she is qualified under the Constitution 14 and laws of the United States to hold the office to which he 15 or she desires to be nominated or elected; that he or she has 16 qualified for no other public office in the state, the term of 17 which office or any part thereof runs concurrent with that of 18 the office he or she seeks; and that he or she has resigned 19 from any office from which he or she is required to resign 20 pursuant to s. 99.012, Florida Statutes. 21 __(Signature of candidate) __ 22 (Address) 23 24 Sworn to and subscribed before me this _____ day of ______ 25 (year), at _____ County, Florida. 26 ...(Signature and title of officer administering oath)... 27 28 (c) In addition to the requirements set forth in 29 paragraph (a), any person seeking to qualify as a write-in 30 candidate shall, at the time of subscribing to the oath or 31 affirmation, state in writing: 10 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 1. The party of which the person is a member. If the 2 person is not a member of any party, that person shall so 3 indicate by writing "no party affiliation." 4 2. That the person has had the same party affiliation, 5 or "no party affiliation," for the immediately preceding 6 6-month period. 7 (d)(c) The officer before whom such person qualifies 8 shall certify the name of such person to the supervisor of 9 elections in each county affected by such candidacy so that 10 the name of such person may be printed on the ballot. Each 11 person seeking election as a write-in candidate shall 12 subscribe to the oath prescribed in this section in order to 13 be entitled to have write-in ballots cast for him or her 14 counted. 15 Section 15. Section 99.061, Florida Statutes, is 16 amended to read: 17 99.061 Method of qualifying for nomination or election 18 to federal, state, county, or district office.-- 19 (1) The provisions of any special act to the contrary 20 notwithstanding, each person seeking to qualify for nomination 21 or election to a federal, state, or multicounty district 22 office, other than election to a judicial office as defined in 23 chapter 105 or the office of school board member, shall file 24 his or her qualification papers with, and pay the qualifying 25 fee, which shall consist of the filing fee and election 26 assessment, and party assessment, if any has been levied, to, 27 the Department of State, or qualify by the petition process 28 pursuant to s. 99.095 with the Department of State, at any 29 time after noon of the 1st day for qualifying, which shall be 30 as follows: the 120th day prior to the primary election, but 31 not later than noon of the 116th day prior to the date of the 11 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 primary election, for persons seeking to qualify for 2 nomination or election to federal office or to the office of 3 the state attorney or the public defender; and noon of the 4 71st 50th day prior to the primary election, but not later 5 than noon of the 67th 46th day prior to the date of the 6 primary election, for persons seeking to qualify for 7 nomination or election to a state or multicounty district 8 office, other than the office of the state attorney or the 9 public defender. 10 (2) The provisions of any special act to the contrary 11 notwithstanding, each person seeking to qualify for nomination 12 or election to a county office, or district or special 13 district office not covered by subsection (1), shall file his 14 or her qualification papers with, and pay the qualifying fee, 15 which shall consist of the filing fee and election assessment, 16 and party assessment, if any has been levied, to, the 17 supervisor of elections of the county, or shall qualify by the 18 petition process pursuant to s. 99.095 with the supervisor of 19 elections, at any time after noon of the 1st day for 20 qualifying, which shall be the 71st 50th day prior to the 21 primary election or special district election, but not later 22 than noon of the 67th 46th day prior to the date of the 23 primary election or special district election. However, if a 24 special district election is held at the same time as the 25 general election, qualifying shall be the 50th day prior to 26 the primary election, but not later than noon of the 46th day 27 prior to the date of the primary election. Within 30 days 28 after the closing of qualifying time, the supervisor of 29 elections shall remit to the secretary of the state executive 30 committee of the political party to which the candidate 31 belongs the amount of the filing fee, two-thirds of which 12 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 shall be used to promote the candidacy of candidates for 2 county offices and the candidacy of members of the 3 Legislature. 4 (3) Notwithstanding the provisions of any special act 5 to the contrary, each person seeking to qualify for election 6 to a special district office shall qualify between noon of the 7 71st day prior to the primary election and noon of the 67th 8 day prior to the date of the primary election. Candidates for 9 single county special districts shall qualify with the 10 supervisor of elections in the county in which the district is 11 located. If the district is a multicounty district, candidates 12 shall qualify with the Department of State. All special 13 district candidates shall qualify by paying a filing fee of 14 $25 or qualify by the petition process pursuant to s. 99.095. 15 Notwithstanding s. 106.021, a candidate who does not collect 16 contributions and whose only expense is the filing fee or 17 signature verification fee is not required to appoint a 18 campaign treasurer or designate a primary campaign depository. 19 (4)(3)(a) Each person seeking to qualify for election 20 to office as a write-in candidate shall file his or her 21 qualification papers with the respective qualifying officer at 22 any time after noon of the 1st day for qualifying, but not 23 later than noon of the last day of the qualifying period for 24 the office sought. 25 (b) Any person who is seeking election as a write-in 26 candidate shall not be required to pay a filing fee, election 27 assessment, or party assessment. A write-in candidate is shall 28 not be entitled to have his or her name printed on any ballot; 29 however, space for the write-in candidate's name to be written 30 in must shall be provided on the general election ballot or 31 primary election ballot as required in s. 101.151(2). A No 13 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 15, through 4 page 2, line 24, delete those lines 5 6 and insert: 7 produce certain marksense ballots; providing 8 for the placement of spaces for write-in 9 candidates on primary and general election 10 ballots; creating s. 101.56075, F.S.; requiring 11 all voting to be by marksense ballot; providing 12 an exemption for voters with disabilities; 13 requiring voter interface devices for 14 individuals with disabilities by a specified 15 date; amending s. 101.5612, F.S.; requiring the 16 use of certain marksense ballots for 17 pre-election testing; amending s. 101.591, 18 F.S.; requiring post-election, random audits of 19 voting systems; providing general audit 20 procedures; mandating that audit results be 21 reported to the Department of State; 22 prescribing requirements for audit reports; 23 granting rulemaking authority to the department 24 to adopt detailed, uniform audit procedures and 25 a standard audit reporting form; providing 26 procedures for the purchase of new voting 27 systems and ballot equipment and the 28 disposition of existing touchscreen voting 29 systems for certain counties; authorizing the 30 Department of State to purchase optical scan 31 voting equipment and ballot-on-demand equipment 14 4:11 PM 04/25/07 s0960c2c-27-r3g
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB's 960 & 1010 Barcode 914508 1 for certain counties; appropriating funds for 2 such purpose; amending s. 97.041, F.S.; 3 authorizing qualified persons to preregister to 4 vote on or after receipt of a valid driver's 5 license; amending s. 97.053, F.S.; requiring an 6 applicant for voter registration to be notified 7 when the application cannot be verified; 8 providing for registration upon presentation of 9 evidence of a driver's license number, 10 identification card number, or the last four 11 digits of the applicant's social security 12 number; changing the time within which a person 13 casting a provisional ballot may present 14 evidence of eligibility to vote; changing the 15 time for voter registrations to be entered into 16 the statewide voter registration system; 17 amending s. 99.021, F.S.; prescribing form of 18 oath for candidates for federal office; 19 requiring write-in candidates to state certain 20 information in writing; amending s. 21 22 23 24 25 26 27 28 29 30 31 15 4:11 PM 04/25/07 s0960c2c-27-r3g
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