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Amendment CaShTmL-431666.HTM
    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. PCS (100320) for SB's 960 and 1010
                        Barcode 431666
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: WD              .                    
       04/17/2007 06:03 PM         .                    
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 4  ______________________________________________________________
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10  ______________________________________________________________
11  The Committee on Ethics and Elections (Constantine)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Effective July 1, 2008, subsection (1) of
19  section 101.151, Florida Statutes, is amended to read:
20         101.151  Specifications for ballots.--
21         (1)(a)  Marksense ballots shall be printed on paper of
22  such thickness that the printing cannot be distinguished from
23  the back and shall meet the specifications of the voting
24  system that will be used to tabulate the ballots.
25         (b)  Early voting sites may employ a ballot-on-demand
26  production system to print individual marksense ballots,
27  including provisional ballots, for eligible electors pursuant
28  to s. 101.657. Ballot-on-demand technology may be used to
29  produce marksense absentee ballots. Not later than 30 days
30  before an election, the Secretary of State may also authorize
31  in writing the use of ballot-on-demand technology for the
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    9:43 AM   04/16/07                             s0960d-ee22-by1

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 production of election-day ballots. 2 Section 2. Effective July 1, 2008, section 101.56075, 3 Florida Statutes, is created to read: 4 101.56075 Voting methods.-- 5 (1) Except as provided in subsection (2), all voting 6 shall be by marksense ballot utilizing a marking device for 7 the purpose of designating ballot selections. 8 (2) Persons with disabilities may vote on a voter 9 interface device that meets the voting system accessibility 10 requirements for individuals with disabilities pursuant to 11 section 301 of the federal Help America Vote Act of 2002 and 12 s. 101.56062. 13 Section 3. Effective July 1, 2008, subsection (5) is 14 added to section 101.5612, Florida Statutes, to read: 15 101.5612 Testing of tabulating equipment.-- 16 (5) Any tests involving marksense ballots pursuant to 17 this section shall employ pre-printed ballots, if pre-printed 18 ballots will be used in the election, and ballot-on-demand 19 ballots, if ballot-on-demand technology will be used to 20 produce ballots in the election, or both. 21 Section 4. Effective July 1, 2008, section 101.591, 22 Florida Statutes, is amended to read: 23 (Substantial rewording of section. See 24 s. 101.591, F.S., for present text.) 25 101.591 Voting system audit.-- 26 (1) Immediately following the certification of each 27 election, the county canvassing board or the local board 28 responsible for certifying the election shall conduct a manual 29 audit of the voting systems used in randomly selected 30 precincts. 31 (2) The audit shall consist of a public manual tally 2 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 of the votes cast in the "President and Vice President" or 2 "Governor and Lieutenant Governor" race that appears at the 3 top of the ballot or, if neither appears, the first race 4 appearing on the ballot pursuant to s. 101.151(2), or, in the 5 case of a purely municipal election, the first municipal race 6 or issue on that ballot. The tally shall include election-day, 7 absentee, early voting, provisional, and overseas ballots, in 8 at least 1 percent but no more than 2 percent of the precincts 9 chosen at random by the county canvassing board or the local 10 board responsible for certifying the election. If 1 percent of 11 the precincts is less than one entire precinct, the audit 12 shall be conducted using at least one precinct chosen at 13 random by the county canvassing board or the local board 14 responsible for certifying the election. Such precincts shall 15 be selected at a publicly-noticed canvassing board meeting. 16 (3) The canvassing board shall post a notice of the 17 audit, including the date, time, and place, in four 18 conspicuous places in the county and on the home page of the 19 county supervisor of elections web site. 20 (4) The audit must be completed and the results made 21 public no later than 11:59 p.m. on the 9th day following 22 certification of the election by the county canvassing board 23 or the local board responsible for certifying the election. 24 (5) Within 15 days after completion of the audit, the 25 county canvassing board or the board responsible for 26 certifying the election shall provide a report with the 27 results of the audit to the Department of State in a standard 28 format as prescribed by the department. The report shall 29 contain, but is not limited to, the following items: 30 (a) The overall accuracy of audit. 31 (b) A description of any problems or discrepancies 3 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 encountered. 2 (c) The likely cause of such problems or 3 discrepancies. 4 (d) Recommended corrective action with respect to 5 avoiding or mitigating such circumstances in future elections. 6 Section 5. Effective upon this act becoming a law, the 7 Department of State shall adopt rules to implement the 8 provisions of s. 101.591, Florida Statutes, as amended by 9 section 4 which prescribe detailed audit procedures for each 10 voting system, which shall be uniform to the extent 11 practicable, along with the standard form for audit reports. 12 Section 6. Effective upon this act becoming a law: 13 (1) Notwithstanding ss. 101.292-101.295 and s. 14 101.5604, Florida Statutes, as a condition of the state 15 purchasing optical scan voting equipment and ballot-on-demand 16 equipment to replace touchscreen equipment as provided in 17 section 7, each recipient county hereby authorizes the 18 Secretary of State to act as its agent to negotiate the 19 purchase of new equipment and the sale, exchange, or other 20 disposition of existing touchscreen voting equipment that is 21 not necessary to conduct voting for individuals with 22 disabilities. Further, each such county hereby designates the 23 Secretary of State as the authorized recipient of all proceeds 24 realized from the sale, exchange, or other disposition of the 25 voting equipment up to and including the state's cost to fund 26 the county's new equipment. The secretary shall deposit the 27 proceeds in the Grants and Donations Trust Fund within 60 days 28 after the sale, exchange, or other disposition. 29 (2) A county commission may choose to opt out of this 30 state funding scheme by filing a notice to that effect with 31 the Department of State no later than June 30, 2007. Any 4 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 county choosing to opt out shall continue to be governed by 2 the provisions of ss. 101.292-101.295 and s. 101.5604, Florida 3 Statutes, with respect to the purchase of new voting systems 4 and equipment. 5 Section 7. Effective July 1, 2007: 6 (1) The Department of State is authorized to purchase: 7 (a) Election-day optical scan voting equipment, for 8 the following counties: Broward, Charlotte, Collier, 9 Hillsborough, Indian River, Lake, Lee, Martin, Miami-Dade, 10 Nassau, Palm Beach, Pasco, Pinellas, Sarasota, and Sumter. 11 (b) Ballot-on-demand equipment for use at early voting 12 sites, including optical scan tabulators, for the following 13 counties: Bay, Brevard, Broward, Charlotte, Clay, Collier, 14 Escambia, Hillsborough, Indian River, Jackson, Lake, Lee, 15 Levy, Marion, Martin, Miami-Dade, Nassau, Okaloosa, Orange, 16 Osceola, Palm Beach, Pasco, Pinellas, Santa Rosa, Sarasota, 17 St. Johns, Sumter, Taylor, and Washington. 18 (2) The sum of $27,861,850 is appropriated from the 19 Grants and Donations Trust Fund to the Division of Elections 20 within the Department of State for the purpose of implementing 21 this section. 22 Section 8. Effective July 1, 2007, subsections (1), 23 (2), (3), and (6) of section 103.101, Florida Statutes, are 24 amended to read: 25 103.101 Presidential preference primary.-- 26 (1) Each political party other than a minor political 27 party shall, on the last second Tuesday in January March in 28 each year the number of which is a multiple of 4, elect one 29 person to be the candidate for nomination of such party for 30 President of the United States or select delegates to the 31 national nominating convention, as provided by party rule. 5 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 (2) There shall be a Presidential Candidate Selection 2 Committee composed of the Secretary of State, who shall be a 3 nonvoting chair; the Speaker of the House of Representatives; 4 the President of the Senate; the minority leader of each house 5 of the Legislature; and the chair of each political party 6 required to have a presidential preference primary under this 7 section. 8 (a) By October December 31 of the year preceding the 9 Florida presidential preference primary, each political party 10 shall submit to the Secretary of State a list of its 11 presidential candidates to be placed on the presidential 12 preference primary ballot or candidates entitled to have 13 delegates appear on the presidential preference primary 14 ballot. The Secretary of State shall prepare and publish a 15 list of the names of the presidential candidates submitted. 16 The Secretary of State shall submit such list of names of 17 presidential candidates to the selection committee on the 18 first Tuesday after the first Monday in November of the 19 January each year preceding the a presidential preference 20 primary election is held. Each person designated as a 21 presidential candidate shall have his or her name appear, or 22 have his or her delegates' names appear, on the presidential 23 preference primary ballot unless all committee members of the 24 same political party as the candidate agree to delete such 25 candidate's name from the ballot. The selection committee 26 shall meet in Tallahassee on the first Tuesday after the first 27 Monday in November of the January each year preceding the a 28 presidential preference primary is held. The selection 29 committee shall publicly announce and submit to the Department 30 of State no later than 5 p.m. on the following day the names 31 of presidential candidates who shall have their names appear, 6 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 or who are entitled to have their delegates' names appear, on 2 the presidential preference primary ballot. The Department of 3 State shall immediately notify each presidential candidate 4 designated by the committee. Such notification shall be in 5 writing, by registered mail, with return receipt requested. 6 (b) Any presidential candidate whose name does not 7 appear on the list submitted to the Secretary of State may 8 request that the selection committee place his or her name on 9 the ballot. Such request shall be made in writing to the 10 Secretary of State no later than the second Tuesday after the 11 first Monday in November of the year preceding the 12 presidential preference primary January. 13 (c) If a presidential candidate makes a request that 14 the selection committee reconsider placing the candidate's 15 name on the ballot, the selection committee will reconvene no 16 later than the second Thursday after the first Monday in 17 November of the year preceding the presidential preference 18 primary January to reconsider placing the candidate's name on 19 the ballot. The Department of State shall immediately notify 20 such candidate of the selection committee's decision. 21 (3) A candidate's name shall be printed on the 22 presidential preference primary ballot unless the candidate 23 submits to the Department of State, prior to the second 24 Tuesday after the first Monday in November of the year 25 preceding the presidential preference primary January, an 26 affidavit stating that he or she is not now, and does not 27 presently intend to become, a candidate for President at the 28 upcoming nominating convention. If a candidate withdraws 29 pursuant to this subsection, the Department of State shall 30 notify the state executive committee that the candidate's name 31 will not be placed on the ballot. The Department of State 7 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 shall, no later than the third Tuesday after the first Monday 2 in November of the year preceding the presidential preference 3 primary January, certify to each supervisor of elections the 4 name of each candidate for political party nomination to be 5 printed on the ballot. 6 (6) Delegates must qualify no later than the second 7 Friday in November of the year preceding the presidential 8 preference primary January in the manner provided by party 9 rule. 10 Section 9. Effective July 1, 2007, subsection (3) is 11 added to section 101.75, Florida Statutes, to read: 12 101.75 Municipal elections; change of dates for 13 cause.-- 14 (3) Notwithstanding any provision of local law, for 15 any municipality whose election is scheduled to be held in 16 March 2008, the governing body of the municipality, 17 notwithstanding any municipal charter provision, may, by 18 ordinance, move the date of the general municipal election in 19 2008 and in each subsequent year that is a multiple of 4 to 20 the date concurrent with the presidential preference primary. 21 The dates for qualifying for the general municipal election 22 moved by the passage of such an ordinance shall be 23 specifically provided for in the ordinance and shall run for 24 no less than 14 days. The term of office for any elected 25 municipal official shall commence as provided by the relevant 26 municipal charter, and the term of office for any elected 27 municipal official whose term was due to expire in March 2008 28 shall expire as provided by the relevant municipal charter. 29 Section 10. Subsections (6) and (7) of section 97.053, 30 Florida Statutes, are amended to read: 31 97.053 Acceptance of voter registration 8 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 applications.-- 2 (6) A voter registration application may be accepted 3 as valid only after the department has verified the 4 authenticity or nonexistence of the driver's license number, 5 the Florida identification card number, or the last four 6 digits of the social security number provided by the 7 applicant. If a completed voter registration application has 8 been received by the book-closing deadline but the driver's 9 license number, the Florida identification card number, or the 10 last four digits of the social security number provided by the 11 applicant cannot be verified, the applicant shall be notified 12 that the application is incomplete and that the voter must 13 provide evidence to the supervisor sufficient to verify the 14 authenticity of the number provided on the application. If the 15 voter provides the necessary evidence, the supervisor shall 16 place the voter's name on the registration rolls as an active 17 voter. If the voter has not provided the necessary evidence or 18 the number has not otherwise been verified prior to the 19 applicant presenting himself or herself to vote, the applicant 20 shall be provided a provisional ballot. The provisional ballot 21 shall be counted only if the application is verified by the 22 end of the canvassing period or if the applicant presents 23 evidence to the supervisor of elections sufficient to verify 24 the authenticity of the driver's license number, Florida 25 identification card number, or last four digits of the social 26 security number provided on the application no later than 5 27 p.m. of the second third day following the election. 28 (7) All voter registration applications received by a 29 voter registration official shall be entered into the 30 statewide voter registration system within 13 15 days after 31 receipt. Once entered, the application shall be immediately 9 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 forwarded to the appropriate supervisor of elections. 2 Section 11. Paragraph (a) of subsection (1) of section 3 99.021, Florida Statutes, is amended, present paragraph (c) of 4 that subsection is redesignated as paragraph (d), and a new 5 paragraph (c) is added to that section, 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 10 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 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. 11 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 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 8 (c) In addition to the requirements set forth in 9 paragraph (a), any person seeking to qualify as a write-in 10 candidate shall, at the time of subscribing to the oath or 11 affirmation, state in writing: 12 1. The party of which the person is a member. If the 13 person is not a member of any party, that person shall so 14 indicate by writing "no party affiliation." 15 2. That the person has not been a registered member of 16 any other political party at any time during the 6 months 17 immediately preceding that date. 18 Section 12. Section 99.061, Florida Statutes, is 19 amended to read: 20 99.061 Method of qualifying for nomination or election 21 to federal, state, county, or district office.-- 22 (1) The provisions of any special act to the contrary 23 notwithstanding, each person seeking to qualify for nomination 24 or election to a federal, state, or multicounty district 25 office, other than election to a judicial office as defined in 26 chapter 105 or the office of school board member, shall file 27 his or her qualification papers with, and pay the qualifying 28 fee, which shall consist of the filing fee and election 29 assessment, and party assessment, if any has been levied, to, 30 the Department of State, or qualify by the petition process 31 pursuant to s. 99.095 with the Department of State, at any 12 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 time after noon of the 1st day for qualifying, which shall be 2 as follows: the 120th day prior to the primary election, but 3 not later than noon of the 116th day prior to the date of the 4 primary election, for persons seeking to qualify for 5 nomination or election to federal office or to the office of 6 the state attorney or the public defender; and noon of the 7 71st 50th day prior to the primary election, but not later 8 than noon of the 67th 46th day prior to the date of the 9 primary election, for persons seeking to qualify for 10 nomination or election to a state or multicounty district 11 office, other than the office of the state attorney or the 12 public defender. 13 (2) The provisions of any special act to the contrary 14 notwithstanding, each person seeking to qualify for nomination 15 or election to a county office, or district or special 16 district office not covered by subsection (1), shall file his 17 or her qualification papers with, and pay the qualifying fee, 18 which shall consist of the filing fee and election assessment, 19 and party assessment, if any has been levied, to, the 20 supervisor of elections of the county, or shall qualify by the 21 petition process pursuant to s. 99.095 with the supervisor of 22 elections, at any time after noon of the 1st day for 23 qualifying, which shall be the 71st 50th day prior to the 24 primary election or special district election, but not later 25 than noon of the 67th 46th day prior to the date of the 26 primary election or special district election. However, if a 27 special district election is held at the same time as the 28 general election, qualifying shall be the 50th day prior to 29 the primary election, but not later than noon of the 46th day 30 prior to the date of the primary election. Within 30 days 31 after the closing of qualifying time, the supervisor of 13 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 elections shall remit to the secretary of the state executive 2 committee of the political party to which the candidate 3 belongs the amount of the filing fee, two-thirds of which 4 shall be used to promote the candidacy of candidates for 5 county offices and the candidacy of members of the 6 Legislature. 7 (3) Notwithstanding the provisions of any special act 8 to the contrary, each person seeking to qualify for election 9 to a special district office shall qualify between noon of the 10 71st day prior to the primary election and noon of the 67th 11 day prior to the date of the primary election. Candidates for 12 single county special districts shall qualify with the 13 supervisor of elections in the county in which the district is 14 located. If the district is a multicounty district, candidates 15 shall qualify with the Department of State. All special 16 district candidates shall qualify by paying a filing fee of 17 $25 or qualify by the petition process pursuant to s. 99.095. 18 Notwithstanding s. 106.021, a candidate who does not collect 19 contributions and whose only expense is the filing fee or 20 signature verification fee is not required to appoint a 21 campaign treasurer or designate a primary campaign depository. 22 (4)(3)(a) Each person seeking to qualify for election 23 to office as a write-in candidate shall file his or her 24 qualification papers with, and pay the qualifying fee, which 25 consists of the filing fee and election assessment, to, the 26 respective qualifying officer, or shall qualify by the 27 petition process pursuant to s. 99.095, at any time after noon 28 of the 1st day for qualifying, but not later than noon of the 29 last day of the qualifying period for the office sought. 30 Filing fees paid to the Department of State shall be deposited 31 in the General Revenue Fund. Filing fees paid to the 14 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 supervisor of elections shall be deposited in the general 2 revenue fund of the county. 3 (b) Any person who is seeking election as a write-in 4 candidate shall not be required to pay a filing fee, election 5 assessment, or party assessment. A write-in candidate is shall 6 not be entitled to have his or her name printed on any ballot; 7 however, space for the write-in candidate's name to be written 8 in must shall be provided on the general or primary election 9 ballot as required in s. 101.151(2). A No person may not 10 qualify as a write-in candidate if the person has also 11 otherwise qualified for nomination or election to such office. 12 (5)(4) At the time of qualifying for office, each 13 candidate for a constitutional office shall file a full and 14 public disclosure of financial interests pursuant to s. 8, 15 Art. II of the State Constitution, and a candidate for any 16 other office, including local elective office, shall file a 17 statement of financial interests pursuant to s. 112.3145. 18 (6)(5) The Department of State shall certify to the 19 supervisor of elections, within 7 days after the closing date 20 for qualifying, the names of all duly qualified candidates for 21 nomination or election who have qualified with the Department 22 of State. 23 (6) Notwithstanding the qualifying period prescribed 24 in this section, if a candidate has submitted the necessary 25 petitions by the required deadline in order to qualify by the 26 petition process pursuant to s. 99.095 as a candidate for 27 nomination or election and the candidate is notified after the 28 5th day prior to the last day for qualifying that the required 29 number of signatures has been obtained, the candidate is 30 entitled to subscribe to the candidate's oath and file the 31 qualifying papers at any time within 5 days from the date the 15 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 candidate is notified that the necessary number of signatures 2 has been obtained. Any candidate who qualifies within the time 3 prescribed in this subsection is entitled to have his or her 4 name printed on the ballot. 5 (7)(a) In order for a candidate to be qualified, the 6 following items must be received by the filing officer by the 7 end of the qualifying period: 8 1. A properly executed check drawn upon the 9 candidate's campaign account in an amount not less than the 10 fee required by s. 99.092 or, in lieu thereof, as applicable, 11 the copy of the notice of obtaining ballot position pursuant 12 to s. 99.095. The filing fee for a special district candidate 13 is not required to be drawn upon the candidate's campaign 14 account. If a candidate's check is returned by the bank for 15 any reason, the filing officer shall immediately notify the 16 candidate and the candidate shall, the end of qualifying 17 notwithstanding, have 48 hours from the time such notification 18 is received, excluding Saturdays, Sundays, and legal holidays, 19 to pay the fee with a cashier's check purchased from funds of 20 the campaign account. Failure to pay the fee as provided in 21 this subparagraph shall disqualify the candidate. 22 2. The candidate's oath required by s. 99.021, which 23 must contain the name of the candidate as it is to appear on 24 the ballot; the office sought, including the district or group 25 number if applicable; and the signature of the candidate, duly 26 acknowledged. 27 3. The loyalty oath required by s. 876.05, signed by 28 the candidate and duly acknowledged. 29 4. If the office sought is partisan, the written 30 statement of political party affiliation required by s. 31 99.021(1)(b). 16 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 5. The completed form for the appointment of campaign 2 treasurer and designation of campaign depository, as required 3 by s. 106.021. 4 6. The full and public disclosure or statement of 5 financial interests required by subsection (5) (4). A public 6 officer who has filed the full and public disclosure or 7 statement of financial interests with the Commission on Ethics 8 or the supervisor of elections prior to qualifying for office 9 may file a copy of that disclosure at the time of qualifying. 10 (b) If the filing officer receives qualifying papers 11 that do not include all items as required by paragraph (a) 12 prior to the last day of qualifying, the filing officer shall 13 make a reasonable effort to notify the candidate of the 14 missing or incomplete items and shall inform the candidate 15 that all required items must be received by the close of 16 qualifying. A candidate's name as it is to appear on the 17 ballot may not be changed after the end of qualifying. 18 (8) Notwithstanding the qualifying period prescribed 19 in this section, a qualifying office may accept and hold 20 qualifying papers submitted not earlier than 14 days prior to 21 the beginning of the qualifying period, to be processed and 22 filed during the qualifying period. 23 (9) Notwithstanding the qualifying period prescribed 24 by this section, in each year in which the Legislature 25 apportions the state, the qualifying period for persons 26 seeking to qualify for nomination or election to federal 27 office shall be between noon of the 71st 57th day prior to the 28 primary election, but not later than noon of the 67th 53rd day 29 prior to the primary election. 30 (10) The Department of State may prescribe by rule 31 requirements for filing papers to qualify as a candidate under 17 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 this section. 2 Section 13. Subsection (1) of section 99.092, Florida 3 Statutes, is amended to read: 4 99.092 Qualifying fee of candidate; notification of 5 Department of State.-- 6 (1) Each person seeking to qualify for nomination or 7 election to any office, except a person seeking to qualify by 8 the petition process pursuant to s. 99.095 and except a person 9 seeking to qualify as a write-in candidate, shall pay a 10 qualifying fee, which shall consist of a filing fee and 11 election assessment, to the officer with whom the person 12 qualifies, and any party assessment levied, and shall attach 13 the original or signed duplicate of the receipt for his or her 14 party assessment or pay the same, in accordance with the 15 provisions of s. 103.121, at the time of filing his or her 16 other qualifying papers. The amount of the filing fee is 3 17 percent of the annual salary of the office; however, the 18 filing fee for a write-in candidate is 0.5 percent of the 19 annual salary of the office. The amount of the election 20 assessment is 1 percent of the annual salary of the office; 21 however, the election assessment for a write-in candidate is 22 0.2 percent of the annual salary of the office sought. The 23 election assessment shall be deposited into the Elections 24 Commission Trust Fund. The amount of the party assessment is 2 25 percent of the annual salary; however, the party assessment 26 for a write-in candidate is 0.3 percent of the annual salary. 27 The annual salary of the office for purposes of computing the 28 filing fee, election assessment, and party assessment shall be 29 computed by multiplying 12 times the monthly salary, excluding 30 any special qualification pay, authorized for such office as 31 of July 1 immediately preceding the first day of qualifying. 18 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 No qualifying fee shall be returned to the candidate unless 2 the candidate withdraws his or her candidacy before the last 3 date to qualify. If a candidate dies prior to an election and 4 has not withdrawn his or her candidacy before the last date to 5 qualify, the candidate's qualifying fee shall be returned to 6 his or her designated beneficiary, and, if the filing fee or 7 any portion thereof has been transferred to the political 8 party of the candidate, the Secretary of State shall direct 9 the party to return that portion to the designated beneficiary 10 of the candidate. 11 Section 14. Subsections (2) and (4) of section 99.095, 12 Florida Statutes, are amended to read: 13 99.095 Petition process in lieu of a qualifying fee 14 and party assessment.-- 15 (2)(a) Except as provided in paragraph (b), a 16 candidate must shall obtain the number of signatures of voters 17 in the geographical area represented by the office sought 18 equal to at least 1 percent of the total number of registered 19 voters of that geographical area, as shown by the compilation 20 by the department for the immediately last preceding general 21 election, however, any person seeking election as a write-in 22 candidate must obtain the number of signatures of voters in 23 the geographical area represented by the office sought equal 24 to at least 0.1 percent of the total number of registered 25 voters of that geographical area as shown by the department's 26 compilation for the immediately preceding general election. 27 Signatures may not be obtained until the candidate has filed 28 the appointment of campaign treasurer and designation of 29 campaign depository pursuant to s. 106.021. 30 (b) A candidate for a special district office shall 31 obtain 25 signatures of voters in the geographical area 19 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 represented by the office sought. 2 (c)(b) The format of the petition shall be prescribed 3 by the division and shall be used by candidates to reproduce 4 petitions for circulation. If the candidate is running for an 5 office that requires a group or district designation, the 6 petition must indicate that designation and, if it does not, 7 the signatures are not valid. A separate petition is required 8 for each candidate. 9 (4)(a) Certifications for candidates for federal, 10 state, or multicounty district, or multicounty special 11 district office shall be submitted to the division no later 12 than the 7th day before the first day of the qualifying period 13 for the office sought. The division shall determine whether 14 the required number of signatures has been obtained and shall 15 notify the candidate. 16 (b) For candidates for county, or district, or special 17 district office not covered by paragraph (a), the supervisor 18 shall determine whether the required number of signatures has 19 been obtained and shall notify the candidate. 20 Section 15. Section 99.096, Florida Statutes, is 21 amended to read: 22 99.096 Minor political party candidates; names on 23 ballot.-- 24 (1) No later than noon of the third day prior to the 25 first day of the qualifying period prescribed for federal 26 candidates, the executive committee of a minor political party 27 shall submit to the Department of State a list of federal 28 candidates nominated by the party to be on the general 29 election ballot. No later than noon of the third day prior to 30 the first day of the qualifying period for state candidates, 31 the executive committee of a minor political party shall 20 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 submit to the filing officer for each of the candidates the 2 official list of the state, multicounty, and county candidates 3 nominated by that party to be on the ballot in the general 4 election. The official list of nominated candidates may not be 5 changed by the party after having been filed with the filing 6 officers, except that vacancies in nominations may be filled 7 pursuant to s. 100.111. 8 (2) Each person seeking to qualify for election as a 9 candidate of a minor political party shall file his or her 10 qualifying papers with, and pay the qualifying fee and, if one 11 has been levied, the party assessment, or qualify by the 12 petition process pursuant to s. 99.095, with the officer and 13 at the times and under the circumstances provided in s. 14 99.061. 15 Section 16. Section 99.0965, Florida Statutes, is 16 repealed. 17 Section 17. Paragraph (a) of subsection (2) of section 18 100.041, Florida Statutes, is amended to read: 19 100.041 Officers chosen at general election.-- 20 (2)(a) Each county commissioner from an odd-numbered 21 district shall be elected at the general election in each year 22 the number of which is a multiple of 4, for a 4-year term 23 commencing on the second Tuesday following such election, and 24 each county commissioner from an even-numbered district shall 25 be elected at the general election in each even-numbered year 26 the number of which is not a multiple of 4, for a 4-year term 27 commencing on the second Tuesday following such election. A 28 county commissioner is "elected" for purposes of this 29 paragraph on the date that the county canvassing board 30 certifies the results of the election pursuant to s. 102.151. 31 Section 18. Section 100.061, Florida Statutes, is 21 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 amended to read: 2 100.061 Primary election.--In each year in which a 3 general election is held, a primary election for nomination of 4 candidates of political parties shall be held on the Tuesday 5 10 9 weeks prior to the general election. The candidate 6 receiving the highest number of votes cast in each contest in 7 the primary election shall be declared nominated for such 8 office. If two or more candidates receive an equal and highest 9 number of votes for the same office, such candidates shall 10 draw lots to determine which candidate is nominated. 11 Section 19. Section 100.191, Florida Statutes, is 12 amended to read: 13 100.191 General election laws applicable to special 14 elections; returns.--All laws that are applicable to general 15 elections are applicable to special elections or special 16 primary elections to fill a vacancy in office or nomination, 17 except that the canvass of returns by the county canvassing 18 board of each county in which a special election is held shall 19 be made on the day following the election, and the certificate 20 of the result of the canvass shall be immediately forwarded to 21 the Department of State. The Elections Canvassing Commission 22 shall immediately, upon receipt of returns from the county in 23 which a special election is held, proceed to canvass the 24 returns and determine and declare the result thereof. 25 Section 20. Subsection (1) of section 101.043, Florida 26 Statutes, is amended to read: 27 101.043 Identification required at polls.-- 28 (1) The precinct register, as prescribed in s. 98.461, 29 shall be used at the polls for the purpose of identifying the 30 elector at the polls prior to allowing him or her to vote. The 31 clerk or inspector shall require each elector, upon entering 22 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 the polling place, to present one of the following current and 2 valid picture identifications: 3 (a) Florida driver's license. 4 (b) Florida identification card issued by the 5 Department of Highway Safety and Motor Vehicles. 6 (c) United States passport. 7 (d) Employee badge or identification. 8 (e) Buyer's club identification. 9 (f) Debit or credit card. 10 (d)(g) Military identification. 11 (h) Student identification. 12 (i) Retirement center identification. 13 (j) Neighborhood association identification. 14 (e)(k) Public assistance identification. 15 16 If the picture identification does not contain the signature 17 of the voter, an additional identification that provides the 18 voter's signature shall be required. The elector shall sign 19 his or her name in the space provided on the precinct register 20 or on an electronic device provided for recording the voter's 21 signature. The clerk or inspector shall compare the signature 22 with that on the identification provided by the elector and 23 enter his or her initials in the space provided on the 24 precinct register or on an electronic device provided for that 25 purpose and allow the elector to vote if the clerk or 26 inspector is satisfied as to the identity of the elector. 27 Section 21. Subsection (1) of section 101.048, Florida 28 Statutes, is amended to read: 29 101.048 Provisional ballots.-- 30 (1) At all elections, a voter claiming to be properly 31 registered in the state and eligible to vote at the precinct 23 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 in the election but whose eligibility cannot be determined, a 2 person whom an election official asserts is not eligible, and 3 other persons specified in the code shall be entitled to vote 4 a provisional ballot. Once voted, the provisional ballot shall 5 be placed in a secrecy envelope and thereafter sealed in a 6 provisional ballot envelope. The provisional ballot shall be 7 deposited in a ballot box. All provisional ballots shall 8 remain sealed in their envelopes for return to the supervisor 9 of elections. The department shall prescribe the form of the 10 provisional ballot envelope. A person casting a provisional 11 ballot shall have the right to present written evidence 12 supporting his or her eligibility to vote to the supervisor of 13 elections by not later than 5 p.m. on the second third day 14 following the election. 15 Section 22. Paragraph (a) of subsection (2) of section 16 101.151, Florida Statutes, is amended to read: 17 101.151 Specifications for ballots.-- 18 (2)(a) The ballot shall have headings under which 19 shall appear the names of the offices and the names of the 20 candidates for the respective offices in the following order: 21 the heading "President and Vice President" and thereunder the 22 names of the candidates for President and Vice President of 23 the United States nominated by the political party that 24 received the highest vote for Governor in the last general 25 election of the Governor in this state. Then shall appear the 26 names of other candidates for President and Vice President of 27 the United States who have been properly nominated. Then shall 28 follow the heading "Congressional" and thereunder the offices 29 of United States Senator and Representative in Congress; then 30 the heading "State" and thereunder the offices of Governor and 31 Lieutenant Governor, Attorney General, Chief Financial 24 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 Officer, Commissioner of Agriculture, state attorney, and 2 public defender, together with the names of the candidates for 3 each office and the title of the office which they seek; then 4 the heading "Legislative" and thereunder the offices of state 5 senator and state representative; then the heading "County" 6 and thereunder clerk of the circuit court, clerk of the county 7 court (when authorized by law), sheriff, property appraiser, 8 tax collector, district superintendent of schools, and 9 supervisor of elections. Thereafter follows: members of the 10 board of county commissioners, and such other county and 11 district offices as are involved in the election, in the order 12 fixed by the Department of State, followed, in the year of 13 their election, by "Party Offices," and thereunder the offices 14 of state and county party executive committee members. In a 15 general election, in addition to the names printed on the 16 ballot, a blank space shall be provided under each heading for 17 an office for which a write-in candidate has qualified. With 18 respect to write-in candidates, if two or more candidates are 19 seeking election to one office, only one blank space shall be 20 provided. However, if all party candidates for a particular 21 office share the same party affiliation, and if a write-in 22 candidate for that office has the same party affiliation as 23 those party candidates, a blank space must be placed on the 24 primary ballot instead of the general election ballot. If two 25 or more write-in candidates seek election for an office and 26 each write-in candidate has the same party affiliation as all 27 party candidates for that office, only one blank space may be 28 provided on the primary ballot. 29 Section 23. Subsections (6) and (8) of section 30 101.6103, Florida Statutes, are amended to read: 31 101.6103 Mail ballot election procedure.-- 25 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 (6) The canvassing board may begin the canvassing of 2 mail ballots at 7 a.m. on the sixth fourth day before the 3 election, including processing the ballots through the 4 tabulating equipment. However, results may not be released 5 until after 7 p.m. on election day. Any canvassing board 6 member or election employee who releases any result before 7 7 p.m. on election day commits a felony of the third degree, 8 punishable as provided in s. 775.082, s. 775.083, or s. 9 775.084. 10 (8) Effective July 1, 2005, A ballot that otherwise 11 satisfies the requirements of subsection (5) shall be counted 12 even if the elector dies after mailing the ballot but before 13 election day, as long as, prior to the death of the voter, the 14 ballot was: 15 (a) Postmarked by the United States Postal Service; 16 (b) Date-stamped with a verifiable tracking number by 17 common carrier; or 18 (c) Already in the possession of the supervisor of 19 elections. 20 Section 24. Effective July 1, 2007, subsections (1) 21 and (4) of section 101.62, Florida Statutes, are amended to 22 read: 23 101.62 Request for absentee ballots.-- 24 (1)(a) The supervisor may accept a request for an 25 absentee ballot from an elector in person or in writing. 26 Except as provided in s. 101.694, one request shall be deemed 27 sufficient to receive an absentee ballot for all elections 28 through the next two regularly scheduled general elections 29 which are held within a calendar year, unless the elector or 30 the elector's designee indicates at the time the request is 31 made the elections for which the elector desires to receive an 26 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 absentee ballot. Such request may be considered canceled when 2 any first-class mail sent by the supervisor to the elector is 3 returned as undeliverable. 4 (b) The supervisor may accept a written or telephonic 5 request for an absentee ballot from the elector, or, if 6 directly instructed by the elector, a member of the elector's 7 immediate family, or the elector's legal guardian. For 8 purposes of this section, the term "immediate family" has the 9 same meaning as specified in paragraph (4)(b). The person 10 making the request must disclose: 11 1. The name of the elector for whom the ballot is 12 requested; 13 2. The elector's address; 14 3. The elector's date of birth; 15 4. The requester's name; 16 5. The requester's address; 17 6. The requester's driver's license number, if 18 available; 19 7. The requester's relationship to the elector; and 20 8. The requester's signature (written requests only). 21 (4)(a) To each absent qualified elector overseas who 22 has requested an absentee ballot, the supervisor of elections 23 shall mail an absentee ballot not less fewer than 35 days 24 before the primary election and not less than 45 days before 25 the or general election. 26 (b) The supervisor shall provide an absentee ballot to 27 each elector by whom a request for that ballot has been made 28 by one of the following means: 29 1. By nonforwardable, return-if-undeliverable mail to 30 the elector's current mailing address on file with the 31 supervisor, unless the elector specifies in the request that: 27 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 a. The elector is absent from the county and does not 2 plan to return before the day of the election; 3 b. The elector is temporarily unable to occupy the 4 residence because of hurricane, tornado, flood, fire, or other 5 emergency or natural disaster; or 6 c. The elector is in a hospital, assisted-living 7 facility, nursing home, short-term medical or rehabilitation 8 facility, or correctional facility, 9 10 in which case the supervisor shall mail the ballot by 11 nonforwardable, return-if-undeliverable mail to any other 12 address the elector specifies in the request. 13 2. By forwardable mail to voters who are entitled to 14 vote by absentee ballot under the Uniformed and Overseas 15 Citizens Absentee Voting Act. 16 3. By personal delivery before 7 p.m. on election day 17 to the elector, upon presentation of the identification 18 required in s. 101.043 s. 101.657. 19 4. By delivery to a designee on election day or up to 20 5 4 days prior to the day of an election. Any elector may 21 designate in writing a person to pick up the ballot for the 22 elector; however, the person designated may not pick up more 23 than two absentee ballots per election, other than the 24 designee's own ballot, except that additional ballots may be 25 picked up for members of the designee's immediate family. For 26 purposes of this section, "immediate family" means the 27 designee's spouse or the parent, child, grandparent, or 28 sibling of the designee or of the designee's spouse. The 29 designee shall provide to the supervisor the written 30 authorization by the elector and a picture identification of 31 the designee and must complete an affidavit. The designee 28 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 shall state in the affidavit that the designee is authorized 2 by the elector to pick up that ballot and shall indicate if 3 the elector is a member of the designee's immediate family 4 and, if so, the relationship. The department shall prescribe 5 the form of the affidavit. If the supervisor is satisfied that 6 the designee is authorized to pick up the ballot and that the 7 signature of the elector on the written authorization matches 8 the signature of the elector on file, the supervisor shall 9 give the ballot to that designee for delivery to the elector. 10 Section 25. Subsection (2) of section 101.68, Florida 11 Statutes, is amended to read: 12 101.68 Canvassing of absentee ballot.-- 13 (2)(a) The county canvassing board may begin the 14 canvassing of absentee ballots at 7 a.m. on the sixth fourth 15 day before the election, but not later than noon on the day 16 following the election. In addition, for any county using 17 electronic tabulating equipment, the processing of absentee 18 ballots through such tabulating equipment may begin at 7 a.m. 19 on the sixth fourth day before the election. However, 20 notwithstanding any such authorization to begin canvassing or 21 otherwise processing absentee ballots early, no result shall 22 be released until after the closing of the polls in that 23 county on election day. Any supervisor of elections, deputy 24 supervisor of elections, canvassing board member, election 25 board member, or election employee who releases the results of 26 a canvassing or processing of absentee ballots prior to the 27 closing of the polls in that county on election day commits a 28 felony of the third degree, punishable as provided in s. 29 775.082, s. 775.083, or s. 775.084. 30 (b) To ensure that all absentee ballots to be counted 31 by the canvassing board are accounted for, the canvassing 29 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 board shall compare the number of ballots in its possession 2 with the number of requests for ballots received to be counted 3 according to the supervisor's file or list. 4 (c)1. The canvassing board shall, if the supervisor 5 has not already done so, compare the signature of the elector 6 on the voter's certificate with the signature of the elector 7 in the registration books to see that the elector is duly 8 registered in the county and to determine the legality of that 9 absentee ballot. Effective July 1, 2005, The ballot of an 10 elector who casts an absentee ballot shall be counted even if 11 the elector dies on or before election day, as long as, prior 12 to the death of the voter, the ballot was postmarked by the 13 United States Postal Service, date-stamped with a verifiable 14 tracking number by common carrier, or already in the 15 possession of the supervisor of elections. An absentee ballot 16 shall be considered illegal if it does not include the 17 signature of the elector, as shown by the registration 18 records. However, an absentee ballot shall not be considered 19 illegal if the signature of the elector does not cross the 20 seal of the mailing envelope. If the canvassing board 21 determines that any ballot is illegal, a member of the board 22 shall, without opening the envelope, mark across the face of 23 the envelope: "rejected as illegal." The envelope and the 24 ballot contained therein shall be preserved in the manner that 25 official ballots voted are preserved. 26 2. If any elector or candidate present believes that 27 an absentee ballot is illegal due to a defect apparent on the 28 voter's certificate, he or she may, at any time before the 29 ballot is removed from the envelope, file with the canvassing 30 board a protest against the canvass of that ballot, specifying 31 the precinct, the ballot, and the reason he or she believes 30 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 the ballot to be illegal. A challenge based upon a defect in 2 the voter's certificate may not be accepted after the ballot 3 has been removed from the mailing envelope. 4 (d) The canvassing board shall record the ballot upon 5 the proper record, unless the ballot has been previously 6 recorded by the supervisor. The mailing envelopes shall be 7 opened and the secrecy envelopes shall be mixed so as to make 8 it impossible to determine which secrecy envelope came out of 9 which signed mailing envelope; however, in any county in which 10 an electronic or electromechanical voting system is used, the 11 ballots may be sorted by ballot styles and the mailing 12 envelopes may be opened and the secrecy envelopes mixed 13 separately for each ballot style. The votes on absentee 14 ballots shall be included in the total vote of the county. 15 Section 26. Subsection (2) of section 102.112, Florida 16 Statutes, is amended to read: 17 102.112 Deadline for submission of county returns to 18 the Department of State.-- 19 (2) Returns must be filed by 5 p.m. on the 7th day 20 following a primary election and by noon 5 p.m. on the 12th 21 11th day following the general election. However, the 22 Department of State may correct typographical errors, 23 including the transposition of numbers, in any returns 24 submitted to the Department of State pursuant to s. 25 102.111(1). 26 Section 27. Present subsections (4) through (9) of 27 section 102.141, Florida Statutes, are renumbered as 28 subsections (5) through (10), respectively, present 29 subsections (4) and (6) of that section are amended, and a new 30 subsection (4) is added to that section to read: 31 102.141 County canvassing board; duties.-- 31 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 (4) The canvassing board shall submit by 11:59 p.m. on 2 election night the preliminary returns it has received to the 3 Department of State in a format provided by the department. 4 (5)(4) The canvassing board shall submit on forms or 5 in formats provided by the division unofficial returns to the 6 Department of State for each federal, statewide, state, or 7 multicounty office or ballot measure no later than noon on the 8 third day after any primary election and no later than noon on 9 the fourth fifth day after any general or other election. Such 10 returns shall include the canvass of all ballots as required 11 by subsection (2), except for provisional ballots, which 12 returns shall be reported at the time required for official 13 returns pursuant to s. 102.112(2). 14 (7)(6) If the unofficial returns reflect that a 15 candidate for any office was defeated or eliminated by 16 one-half of a percent or less of the votes cast for such 17 office, that a candidate for retention to a judicial office 18 was retained or not retained by one-half of a percent or less 19 of the votes cast on the question of retention, or that a 20 measure appearing on the ballot was approved or rejected by 21 one-half of a percent or less of the votes cast on such 22 measure, the board responsible for certifying the results of 23 the vote on such race or measure shall order a recount of the 24 votes cast with respect to such office or measure. The 25 Elections Canvassing Commission is the board responsible for 26 ordering federal, state, and multicounty recounts. A recount 27 need not be ordered with respect to the returns for any 28 office, however, if the candidate or candidates defeated or 29 eliminated from contention for such office by one-half of a 30 percent or less of the votes cast for such office request in 31 writing that a recount not be made. 32 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 (a) Each canvassing board responsible for conducting a 2 recount shall put each marksense ballot through automatic 3 tabulating equipment and determine whether the returns 4 correctly reflect the votes cast. If any marksense ballot is 5 physically damaged so that it cannot be properly counted by 6 the automatic tabulating equipment during the recount, a true 7 duplicate shall be made of the damaged ballot pursuant to the 8 procedures in s. 101.5614(5). Immediately before the start of 9 the recount, a test of the tabulating equipment shall be 10 conducted as provided in s. 101.5612. If the test indicates no 11 error, the recount tabulation of the ballots cast shall be 12 presumed correct and such votes shall be canvassed 13 accordingly. If an error is detected, the cause therefor shall 14 be ascertained and corrected and the recount repeated, as 15 necessary. The canvassing board shall immediately report the 16 error, along with the cause of the error and the corrective 17 measures being taken, to the Department of State. No later 18 than 11 days after the election, the canvassing board shall 19 file a separate incident report with the Department of State, 20 detailing the resolution of the matter and identifying any 21 measures that will avoid a future recurrence of the error. 22 (b) Each canvassing board responsible for conducting a 23 recount where touchscreen ballots were used shall examine the 24 counters on the precinct tabulators to ensure that the total 25 of the returns on the precinct tabulators equals the overall 26 election return. If there is a discrepancy between the overall 27 election return and the counters of the precinct tabulators, 28 the counters of the precinct tabulators shall be presumed 29 correct and such votes shall be canvassed accordingly. 30 (c) The canvassing board shall submit on forms or in 31 formats provided by the division a second set of unofficial 33 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 returns to the Department of State for each federal, 2 statewide, state, or multicounty office or ballot measure no 3 later than 3 p.m. on the fifth day after any primary election 4 and no later than 3 p.m. on the ninth eighth day after any 5 general election in which a recount was conducted pursuant to 6 this subsection. If the canvassing board is unable to complete 7 the recount prescribed in this subsection by the deadline, the 8 second set of unofficial returns submitted by the canvassing 9 board shall be identical to the initial unofficial returns and 10 the submission shall also include a detailed explanation of 11 why it was unable to timely complete the recount. However, the 12 canvassing board shall complete the recount prescribed in this 13 subsection, along with any manual recount prescribed in s. 14 102.166, and certify election returns in accordance with the 15 requirements of this chapter. 16 (d) The Department of State shall adopt detailed rules 17 prescribing additional recount procedures for each certified 18 voting system, which shall be uniform to the extent 19 practicable. 20 Section 28. Paragraph (b) of subsection (5) of section 21 102.166, Florida Statutes, is amended to read: 22 102.166 Manual recounts.-- 23 (5) Procedures for a manual recount are as follows: 24 (b) Each duplicate ballot prepared pursuant to s. 25 101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared 26 with the original ballot to ensure the correctness of the 27 duplicate. 28 Section 29. Subsection (3) is added to section 29 103.081, Florida Statutes, to read: 30 103.081 Use of party name; political advertising.-- 31 (3) A political party may file with the Department of 34 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 State names of groups or committees associated with the 2 political party. Such filed names may not be used without 3 first obtaining the written permission of the chair of the 4 state executive committee of the party. 5 Section 30. Subsections (1) and (4) and paragraph (b) 6 of subsection (6) of section 103.091, Florida Statutes, are 7 amended to read: 8 103.091 Political parties.-- 9 (1) Each political party of the state shall be 10 represented by a state executive committee. County executive 11 committees and other committees may be established in 12 accordance with the rules of the state executive committee. A 13 political party may provide for the selection of its national 14 committee and its state and county executive committees in 15 such manner as it deems proper. Unless otherwise provided by 16 party rule, the county executive committee of each political 17 party shall consist of at least two members, a man and a 18 woman, from each precinct, who shall be called the precinct 19 committeeman and committeewoman. For counties divided into 40 20 or more precincts, the state executive committee may adopt a 21 district unit of representation for such county executive 22 committees. Upon adoption of a district unit of 23 representation, the state executive committee shall request 24 the supervisor of elections of that county, with approval of 25 the board of county commissioners, to provide for election 26 districts as nearly equal in number of registered voters as 27 possible. Each county committeeman or committeewoman shall be 28 a resident of the precinct from which he or she is elected. 29 Each state committeeman or committeewoman must be a member in 30 good standing of the county executive committee for the county 31 in which the state committeeman or committeewoman is a 35 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 registered voter. 2 (4) Any political party other than a minor political 3 party may by rule provide for the membership of its state or 4 county executive committee to be elected for 4-year terms at 5 the primary election in each year a presidential election is 6 held. The terms shall commence on the first day of the month 7 following each presidential general election; but the names of 8 candidates for political party offices shall not be placed on 9 the ballot at any other election. The results of such election 10 shall be determined by a plurality of the votes cast. In such 11 event, electors seeking to qualify for such office shall do so 12 with the Department of State or supervisor of elections not 13 earlier than noon of the 71st 57th day, or later than noon of 14 the 67th 53rd day, preceding the primary election. The 15 outgoing chair of each county executive committee shall, 16 within 30 days after the committee members take office, hold 17 an organizational meeting of all newly elected members for the 18 purpose of electing officers. The chair of each state 19 executive committee shall, within 60 days after the committee 20 members take office, hold an organizational meeting of all 21 newly elected members for the purpose of electing officers. 22 (6) 23 (b) Each state executive committee shall include, as 24 at-large committeemen and committeewomen, all members of the 25 United States Congress representing the State of Florida who 26 are members of the political party, all statewide elected 27 officials who are members of the party, 10 Florida registered 28 voters who are members of the party as appointed by the 29 Governor if the Governor is a member of the party, and the 30 President of the Senate or the Minority Leader in the Senate, 31 and the Speaker of the House of Representatives or the 36 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 Minority Leader in the House of Representatives, whichever is 2 a member of the political party, and 20 members of the 3 Legislature who are members of the political party. Ten of 4 the legislators shall be appointed with the concurrence of the 5 state chair of the respective party, as follows: five to be 6 appointed by the President of the Senate; five by the Minority 7 Leader in the Senate; five by the Speaker of the House of 8 Representatives; and five by the Minority Leader in the House. 9 Section 31. Paragraph (b) of subsection (1) and 10 subsection (5) of section 103.121, Florida Statutes, are 11 amended to read: 12 103.121 Powers and duties of executive committees.-- 13 (1) 14 (b) The county executive committee shall receive 15 payment of assessments upon candidates to be voted for in a 16 single county except state senators and members of the House 17 of Representatives and representatives to the Congress of the 18 United States; and the state executive committees shall 19 receive all other assessments authorized. All party 20 assessments shall be 2 percent of the annual salary of the 21 office sought by the respective candidate; however, the party 22 assessment for a write-in candidate registered as a member of 23 a political party shall be 0.3 percent of the annual salary of 24 the office sought by the write-in candidate. All such 25 committee assessments shall be remitted to the state executive 26 committee of the appropriate party and distributed in 27 accordance with subsection (5). 28 (5) The state chair of each state executive committee 29 shall return the 2-percent committee assessment for county 30 candidates to the appropriate county executive committees only 31 upon receipt of a written statement that such county executive 37 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 committee chooses not to endorse, certify, screen, or 2 otherwise recommend one or more candidates for such party's 3 nomination for election and upon the state chair's 4 determination that the county executive committee is in 5 compliance with all Florida statutes and all state party 6 rules, bylaws, constitutions, and requirements. 7 Section 32. Section 103.141, Florida Statutes, is 8 amended to read: 9 103.141 Removal of county executive committee member 10 for violation of oath.-- 11 (1) Where the county executive committee by at least a 12 two-thirds majority vote of the members of the committee, 13 attending a meeting held after due notice has been given and 14 at which meeting a quorum is present, determines an incumbent 15 county executive committee member to be guilty of an offense 16 involving a violation of the member's oath of office, said 17 member so violating his or her oath shall be removed from 18 office and the office shall be deemed vacant. Provided, 19 however, if the county committee wrongfully removes a county 20 committee member and the committee member so wrongfully 21 removed files suit in the circuit court alleging his or her 22 removal was wrongful and wins said suit, the committee member 23 shall be restored to office and the county committee shall pay 24 the costs incurred by the wrongfully removed committee member 25 in bringing the suit, including reasonable attorney's fees. 26 (2) Any officer, county committeeman, county 27 committeewoman, precinct committeeman, precinct 28 committeewoman, or member of a county executive committee may 29 be removed from office pursuant to s. 103.161. Either the 30 county or state executive committee is empowered to take 31 judicial action in chancery against a county committee member 38 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 for alleged violation of the member's oath of office in the 2 circuit court of the county in which that committee member is 3 an elector; provided, however, that the state committee may 4 take such judicial action only when a county committee refuses 5 to take such judicial action within 10 days after a charge is 6 made. Procedure shall be as in other cases in chancery, and if 7 the court shall find as fact that the defendant did violate 8 his or her oath of office, it shall enter a decree removing 9 the defendant from the county committee. If either such 10 executive committee brings suit in the circuit court for the 11 removal of a county committee member and loses said suit, such 12 committee shall pay the court costs incurred in such suit by 13 the committee member, including reasonable attorney's fees. 14 Section 33. Section 103.151, Florida Statutes, is 15 repealed. 16 Section 34. Section 103.161, Florida Statutes, is 17 created to read: 18 103.161 Removal of officers or members of state 19 executive committee or county executive committee.-- 20 (1) The chairman of the state executive committee is 21 empowered to remove from an office within the chairman's 22 political party any officer, state committeeman, state 23 committeewoman, county committeeman, county committeewoman, 24 precinct committeeman, precinct committeewoman, or other 25 member of a state executive committee, county executive 26 committee, political party club, or other organization using 27 the political party name as provided in s. 103.081 for a 28 violation of the oath of office taken by such individual. 29 (2) Such violation may include activities that have or 30 could have injured the name or status of the political party 31 or interfered with the activities of the political party. The 39 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 chairman has sole discretion to determine if a violation 2 occurred. 3 (3) Upon the chairman's determination that a violation 4 of the oath of office occurred, the chairman may remove the 5 individual from office. Should the chairman remove the 6 individual from office, the office shall be deemed vacant upon 7 the delivery of the chairman's written notice of removal to 8 the individual found in violation of his or her oath of 9 office. When a vacancy in office is created, the chairman 10 shall appoint an individual to serve through the end of the 11 term of the office. 12 (4) An individual removed from office by the chairman 13 is ineligible to serve on the state executive committee or any 14 county executive committee of the political party for a period 15 of no less than 4 years from the effective date of the 16 removal. 17 Section 35. 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, 40 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 and no later than noon of the 116th day, before the primary 2 election. Candidates for the office of school board member 3 shall qualify no earlier than noon of the 71st 50th day, and 4 no later than noon of the 67th 46th day, before the 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 36. Paragraph (c) of subsection (1) of section 20 106.021, Florida Statutes, is amended to read: 21 106.021 Campaign treasurers; deputies; primary and 22 secondary depositories.-- 23 (1) 24 (c) Any campaign treasurer or deputy treasurer 25 appointed pursuant to this section shall be a registered voter 26 in this state and shall, before such appointment may become 27 effective, have accepted appointment to such position in 28 writing and filed such acceptance with the officer before whom 29 the candidate is required to qualify or with the officer with 30 whom the political committee is required to file reports. An 31 individual may be appointed and serve as campaign treasurer of 41 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 a candidate and a political committee or two or more 2 candidates and political committees. A candidate may appoint 3 herself or himself as campaign treasurer. 4 Section 37. Subsection (1) of section 106.04, Florida 5 Statutes, is amended to read: 6 106.04 Committees of continuous existence.-- 7 (1) In order to qualify as a committee of continuous 8 existence for the purposes of this chapter, a group, 9 organization, association, or other such entity which is 10 involved in making contributions to candidates, political 11 committees, or political parties, shall meet the following 12 criteria: 13 (a) It shall be organized and operated in accordance 14 with a written charter or set of bylaws which contains 15 procedures for the election of officers and directors and 16 which clearly defines membership in the organization; and 17 (b) At least 25 percent of the income of such 18 organization, excluding interest, must be derived from dues or 19 assessments payable on a regular basis by its membership 20 pursuant to provisions contained in the charter or bylaws. 21 Dues may be collected by a group, organization, association, 22 or other such entity from its members and forwarded to the 23 committee of continuous existence. All dues collected and 24 forwarded in this manner shall be reported by the committee of 25 continuous existence as dues from the member who originally 26 paid the dues. 27 Section 38. Section 106.055, Florida Statutes, is 28 amended to read: 29 106.055 Valuation of in-kind contributions.--Any 30 person who makes an in-kind contribution shall, at the time of 31 making such contribution, place a value on such contribution, 42 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 which valuation shall be the fair market value of such 2 contribution. Travel conveyed upon private aircraft shall be 3 valued at the actual cost of per person commercial air travel 4 for the same or a substantially similar route. 5 Section 39. Section 106.09, Florida Statutes, is 6 amended to read: 7 106.09 Cash contributions and contribution by 8 cashier's checks.-- 9 (1) A person may not make or accept a cash 10 contribution or contribution by means of a cashier's check in 11 excess of $100. 12 (2)(a) Any person who makes or accepts a contribution 13 in excess of $100 in violation of this section commits a 14 misdemeanor of the first degree, punishable as provided in s. 15 775.082 or s. 775.083. 16 (2)(b) Any person who knowingly and willfully makes or 17 accepts a contribution in excess of $5,000 in violation of 18 this section commits a felony of the third degree, punishable 19 as provided in s. 775.082, s. 775.083, or s. 775.084. 20 Section 40. Subsection (1) of section 106.143, Florida 21 Statutes, is amended to read: 22 106.143 Political advertisements circulated prior to 23 election; requirements.-- 24 (1)(a) Any political advertisement that is paid for by 25 a candidate and that is published, displayed, or circulated 26 prior to, or on the day of, any election must prominently 27 state: "Political advertisement paid for and approved by 28 ...(name of candidate)..., ...(party affiliation)..., for 29 ...(office sought)...." 30 (b) Any other political advertisement published, 31 displayed, or circulated prior to, or on the day of, any 43 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 election must prominently: 2 1. Be marked "paid political advertisement" or with 3 the abbreviation "pd. pol. adv." 4 2. State the name and address of the persons 5 sponsoring the advertisement. 6 3.a.(I) State whether the advertisement and the cost 7 of production is paid for or provided in kind by or at the 8 expense of the entity publishing, displaying, broadcasting, or 9 circulating the political advertisement; or 10 (II) State who provided or paid for the advertisement 11 and cost of production, if different from the source of 12 sponsorship. 13 b. This subparagraph does not apply if the source of 14 the sponsorship is patently clear from the content or format 15 of the political advertisement. 16 (c) Any communication made pursuant to s. 17 106.021(3)(d) must prominently state, "Paid for and sponsored 18 by ...(name of person paying for documentation or 19 communication)."... "Approved by ...(names of persons, party 20 affiliation, and offices sought in the communication)."... 21 (d) Any communication paid for jointly must state the 22 names and addresses of the persons paying for the 23 communication. If the communication was paid for in-kind, 24 either in whole or in part, the communication must so state. 25 26 This subsection does not apply to campaign messages used by a 27 candidate and the candidate's supporters if those messages are 28 designed to be worn by a person. 29 Section 41. Section 106.17, Florida Statutes, is 30 amended to read: 31 106.17 Polls and surveys relating to candidacies.--Any 44 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 candidate, political committee, committee of continuous 2 existence, electioneering communication organization, or state 3 or county executive committee of a political party may 4 authorize or conduct a political poll, survey, index, or 5 measurement of any kind relating to candidacy for public 6 office so long as the candidate, political committee, 7 committee of continuous existence, electioneering 8 communication organization, or political party maintains 9 complete jurisdiction over the poll in all its aspects. 10 Section 42. Section 106.25, Florida Statutes, is 11 amended to read: 12 106.25 Reports of alleged violations to Florida 13 Elections Commission; disposition of findings.-- 14 (1) Jurisdiction to investigate and determine 15 violations of this chapter and chapter 104 is vested in the 16 Florida Elections Commission; however, nothing in this section 17 limits the jurisdiction of any other officers or agencies of 18 government empowered by law to investigate, act upon, or 19 dispose of alleged violations of this code. 20 (2) The commission shall investigate all violations of 21 this chapter and chapter 104, but only after having received 22 either a sworn complaint or information reported to it under 23 this subsection by the Division of Elections. Such sworn 24 complaint must be based upon personal information or 25 information other than hearsay. Any person, other than the 26 division, having information of any violation of this chapter 27 or chapter 104 shall file a sworn complaint with the 28 commission. The commission shall investigate only those 29 alleged violations specifically contained within the sworn 30 complaint. If any complainant fails to allege all violations 31 that arise from the facts or allegations alleged in a 45 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 complaint, the commission shall be barred from investigating a 2 subsequent complaint from such complainant that is based upon 3 such facts or allegations that were raised or could have been 4 raised in the first complaint. If the complaint includes 5 allegations of violations relating to expense items reimbursed 6 by a candidate, committee, or organization to the campaign 7 account before a sworn complaint is filed, the commission 8 shall be barred from investigating such allegations. Such 9 sworn complaint shall state whether a complaint of the same 10 violation has been made to any state attorney. Within 5 days 11 after receipt of a sworn complaint, the commission shall 12 transmit a copy of the complaint to the alleged violator. If 13 the executive director finds that the complaint is legally 14 sufficient, the respondent shall be notified of such finding 15 by letter, which sets forth the statutory provisions alleged 16 to have been violated and the alleged factual basis that 17 supports the finding. All sworn complaints alleging violations 18 of the Florida Election Code over which the commission has 19 jurisdiction shall be filed with the commission within 2 years 20 after the alleged violations. The period of limitations is 21 tolled on the day a sworn complaint is filed with the 22 commission. The complainant may withdraw the sworn complaint 23 at any time prior to a probable cause hearing if good cause is 24 shown. Withdrawal shall be requested in writing, signed by the 25 complainant, and witnessed by a notary public, stating the 26 facts and circumstances constituting good cause. The executive 27 director shall prepare a written recommendation regarding 28 disposition of the request which shall be given to the 29 commission together with the request. "Good cause" shall be 30 determined based upon the legal sufficiency or insufficiency 31 of the complaint to allege a violation and the reasons given 46 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 by the complainant for wishing to withdraw the complaint. If 2 withdrawal is permitted, the commission must close the 3 investigation and the case. No further action may be taken. 4 The complaint will become a public record at the time of 5 withdrawal. 6 (3) For the purposes of commission jurisdiction, a 7 violation shall mean the willful performance of an act 8 prohibited by this chapter or chapter 104 or the willful 9 failure to perform an act required by this chapter or chapter 10 104. Willfulness is a determination of fact; however, at the 11 request of the respondent, willfulness may be considered and 12 determined in an informal hearing before the commission. 13 (4) The commission shall undertake a preliminary 14 investigation to determine if the facts alleged in a sworn 15 complaint or a matter initiated by the division constitute 16 probable cause to believe that a violation has occurred. The 17 respondent, the complainant, and their respective counsel 18 shall be permitted to attend the hearing at which the probable 19 cause determination is made. Notice of the hearing shall be 20 sent to the respondent and the complainant at least 14 days 21 prior to the date of the hearing. The respondent and his or 22 her counsel shall be permitted to make a brief oral statement 23 in the nature of oral argument to the commission before the 24 probable cause determination. The commission's determination 25 shall be based upon the investigator's report, the complaint, 26 and staff recommendations, as well as any written statements 27 submitted by the respondent and any oral statements made at 28 the hearing. No testimony or other evidence shall be accepted 29 at the hearing. Upon completion of the preliminary 30 investigation, the commission shall, by written report, find 31 probable cause or no probable cause to believe that this 47 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 chapter or chapter 104 has been violated. 2 (a) When the investigator's report is completed, the 3 executive director shall notify the respondent that the report 4 is completed and shall send to the respondent a copy of the 5 investigator's report. The investigatory file and main 6 complaint file shall be open for inspection by the respondent 7 and the respondent's counsel at that time, and copies may be 8 obtained at no more than cost. 9 (b) The respondent shall be given not less than 14 10 days from the date of mailing of the investigator's report to 11 file with the commission a written response to the 12 investigator's report. This time period may be shortened with 13 the consent of the respondent, or without the consent of the 14 respondent when the passage of time could reasonably be 15 expected to render moot the ultimate disposition of the matter 16 by the commission so long as reasonable notice under the 17 circumstances is given. 18 (c) Counsel for the commission shall review the 19 investigator's report and shall make a written recommendation 20 to the commission for the disposition of the complaint. If the 21 counsel for the commission recommends that the commission find 22 probable cause, the recommendation shall include a statement 23 of what charges shall be at issue. A copy of the 24 recommendation shall be furnished to the respondent. The 25 respondent shall be given not less than 14 days from the date 26 of mailing of the recommendation of counsel for the commission 27 to file with the commission a written response to the 28 recommendation. This time period may be shortened with the 29 consent of the respondent, or without the consent of the 30 respondent when the passage of time could reasonably be 31 expected to render moot the ultimate disposition of the matter 48 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 by the commission, so long as the recommendation is furnished 2 to the respondent within a reasonable period of time under the 3 circumstances. 4 (d) The respondent and each complainant, their 5 counsel, and the counsel for the commission shall be permitted 6 to attend the hearing at which the probable cause 7 determination is made. Notice of the hearing shall be sent to 8 the respondent, each complainant, and counsel for the 9 commission at least 14 days before the hearing. This time 10 period may be shortened with the consent of the respondent, or 11 without the consent of the respondent when the passage of time 12 could reasonably be expected to render moot the ultimate 13 disposition of the matter by the commission, so long as the 14 notice is furnished within a reasonable period of time under 15 the circumstances. 16 (e) The probable cause determination is the conclusion 17 of the preliminary investigation. The respondent and the 18 counsel for the commission shall be permitted to make brief 19 oral statements in the nature of oral argument to the 20 commission, based on the investigator's report, before the 21 probable cause determination. The commission's determination 22 shall be based upon the investigator's report, the 23 recommendation of counsel for the commission, the complaint, 24 and staff recommendations, as well as any written statements 25 submitted by the respondent and any oral statements made at 26 the hearing. No testimony or other evidence will be accepted 27 at the hearing. 28 (f) At its meeting to determine probable cause, the 29 commission may continue its determination to allow further 30 investigation; may order the issuance of a public report of 31 its investigation if it finds no probable cause to believe 49 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 that there has been a violation of this chapter or chapter 2 104, concluding the matter before it; may order a final, 3 public hearing of the complaint if it finds probable cause to 4 believe that there has been a violation of this chapter or 5 chapter 104; or may take such other action as it deems 6 necessary to resolve the complaint, consistent with due 7 process of law. In making its determination, the commission 8 may consider: 9 1. The sufficiency of the evidence against the 10 respondent, as contained in the investigator's report; 11 2. The admissions and other stipulations of the 12 respondent, if any; 13 3. The nature and circumstances of the respondent's 14 actions; 15 4. The expense of further proceedings; and 16 5. Such other factors as it deems material to its 17 decision. 18 19 If the commission finds probable cause, the commission shall 20 determine what charges shall be at issue. 21 (g)(a) If no probable cause is found, the commission 22 shall dismiss the case and the case shall become a matter of 23 public record, except as otherwise provided in this section, 24 together with a written statement of the findings of the 25 preliminary investigation and a summary of the facts which the 26 commission shall send to the complainant and the alleged 27 violator. A finding of no probable cause by the commission is 28 a full adjudication of all such matters. The commission may 29 not charge a respondent in a subsequent complaint alleging 30 violations based upon the same actions, nonactions, or 31 circumstances wherein the commission found no probable cause. 50 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 (h)(b) If probable cause is found, the commission 2 shall so notify the complainant and the alleged violator in 3 writing. All documents made or received in the disposition of 4 the complaint shall become public records upon a finding by 5 the commission. 6 (i)1. Upon a commission finding of probable cause, the 7 counsel for the commission shall attempt to reach a consent 8 agreement with the respondent. 9 2. A consent agreement is not binding upon either 10 party unless and until it is signed by the respondent and by 11 counsel for the commission upon approval by the commission. 12 3. Nothing herein shall be construed to prevent the 13 commission from entering into a consent agreement with a 14 respondent prior to a commission finding of probable cause if 15 a respondent indicates in writing a desire to enter into 16 negotiations directed towards reaching such a consent 17 agreement. Any consent agreement reached under this 18 subparagraph is subject to the provisions of subparagraph 2. 19 and shall have the same force and effect as a consent 20 agreement reached after the commission finding of probable 21 cause. 22 (j) If a consent agreement is reached between the 23 commission and the respondent, counsel for the commission 24 shall send a copy of the signed agreement to both complainant 25 and respondent. 26 27 In a case where probable cause is found, the commission shall 28 make a preliminary determination to consider the matter or to 29 refer the matter to the state attorney for the judicial 30 circuit in which the alleged violation occurred. 31 Notwithstanding any other provisions of this section, the 51 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 commission may, at its discretion, dismiss any complaint at 2 any stage of disposition if it determines that the public 3 interest would not be served by proceeding further, in which 4 case the commission shall issue a public report stating with 5 particularity its reasons for the dismissal. 6 (5) Unless When there are disputed issues of material 7 fact in a proceeding conducted under ss. 120.569 and 120.57, a 8 person alleged by the Elections Commission to have committed a 9 violation of this chapter or chapter 104 elects may elect, 10 within 30 days after the date of the filing of the 11 commission's allegations, to have a formal or informal hearing 12 conducted before the commission, or elects to resolve the 13 complaint by consent order, such person shall be entitled to a 14 formal administrative hearing conducted by an administrative 15 law judge in the Division of Administrative Hearings. The 16 administrative law judge in such proceedings shall enter a 17 final order subject to appeal as provided in s. 120.68. 18 (6) It is the duty of a state attorney receiving a 19 complaint referred by the commission to investigate the 20 complaint promptly and thoroughly; to undertake such criminal 21 or civil actions as are justified by law; and to report to the 22 commission the results of such investigation, the action 23 taken, and the disposition thereof. The failure or refusal of 24 a state attorney to prosecute or to initiate action upon a 25 complaint or a referral by the commission shall not bar 26 further action by the commission under this chapter. 27 (7) Every sworn complaint filed pursuant to this 28 chapter with the commission, every investigation and 29 investigative report or other paper of the commission with 30 respect to a violation of this chapter or chapter 104, and 31 every proceeding of the commission with respect to a violation 52 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 of this chapter or chapter 104 is confidential, is exempt from 2 the provisions of ss. 119.07(1) and 286.011, and is exempt 3 from publication in the Florida Administrative Weekly of any 4 notice or agenda with respect to any proceeding relating to 5 such violation, except under the following circumstances: 6 (a) As provided in subsection (6); 7 (b) Upon a determination of probable cause or no 8 probable cause by the commission; or 9 (c) For proceedings conducted with respect to appeals 10 of fines levied by filing officers for the late filing of 11 reports required by this chapter. 12 13 However, a complainant is not bound by the confidentiality 14 provisions of this section. In addition, confidentiality may 15 be waived in writing by the person against whom the complaint 16 has been filed or the investigation has been initiated. If a 17 finding of probable cause in a case is entered within 30 days 18 prior to the date of the election with respect to which the 19 alleged violation occurred, such finding and the proceedings 20 and records relating to such case shall not become public 21 until noon of the day following such election. When two or 22 more persons are being investigated by the commission with 23 respect to an alleged violation of this chapter or chapter 24 104, the commission may not publicly enter a finding of 25 probable cause or no probable cause in the case until a 26 finding of probable cause or no probable cause for the entire 27 case has been determined. However, once the confidentiality of 28 any case has been breached, the person or persons under 29 investigation have the right to waive the confidentiality of 30 the case, thereby opening up the proceedings and records to 31 the public. Any person who discloses any information or 53 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 matter made confidential by the provisions of this subsection 2 commits a misdemeanor of the first degree, punishable as 3 provided in s. 775.082 or s. 775.083. 4 (8) Any person who files a complaint pursuant to this 5 section while knowing that the allegations contained in such 6 complaint are false or without merit commits a misdemeanor of 7 the first degree, punishable as provided in s. 775.082 or s. 8 775.083. 9 (9) The commission shall maintain a database of all 10 final orders and agency actions. Such database shall be 11 available to the public and shall be maintained in such a 12 manner as to be searchable, at a minimum, by issue, statutes, 13 individuals, or entities referenced. 14 Section 43. Subsection (4) of section 106.35, Florida 15 Statutes, is amended to read: 16 106.35 Distribution of funds.-- 17 (4) Distribution of funds shall be made beginning on 18 the 32nd day prior to the primary within 7 days after the 19 close of qualifying and every 7 days thereafter. 20 Section 44. Section 112.51, Florida Statutes, is 21 amended to read: 22 112.51 Municipal officers; suspension; removal from 23 office.-- 24 (1) By executive order stating the grounds for the 25 suspension and filed with the Secretary of State, the Governor 26 may suspend from office any elected or appointed municipal 27 official for malfeasance, misfeasance, neglect of duty, 28 habitual drunkenness, incompetence, or permanent inability to 29 perform official duties. 30 (2) Whenever any elected or appointed municipal 31 official is arrested for a felony or for a misdemeanor related 54 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 to the duties of office or is indicted or informed against for 2 the commission of a federal felony or misdemeanor or state 3 felony or misdemeanor, the Governor has the power to suspend 4 such municipal official from office. 5 (3) The suspension of such official by the Governor 6 creates a temporary vacancy in such office during the 7 suspension. Any temporary vacancy in office created by 8 suspension of an official under the provisions of this section 9 shall be filled by a temporary appointment to such office for 10 the period of the suspension. Such temporary appointment 11 shall be made in the same manner and by the same authority by 12 which a permanent vacancy in such office is filled as provided 13 by law. If no provision for filling a permanent vacancy in 14 such office is provided by law, the temporary appointment 15 shall be made by the Governor. 16 (4) No municipal official who has been suspended from 17 office under this section may perform any official act, duty, 18 or function during his or her suspension; receive any pay or 19 allowance during his or her suspension; or be entitled to any 20 of the emoluments or privileges of his or her office during 21 suspension. 22 (5) If the municipal official is convicted of any of 23 the charges contained in the indictment or information by 24 reason of which he or she was suspended under the provisions 25 of this section, the Governor shall remove such municipal 26 official from office. If a person was selected to fill the 27 temporary vacancy pursuant to subsection (3), that person 28 shall serve the remaining balance, if any, of the removed 29 official's term of office. Otherwise, any vacancy created by 30 the removal shall be filled as provided by law. For the 31 purposes of this section, any person who pleads guilty or nolo 55 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 contendere or who is found guilty shall be deemed to have been 2 convicted, notwithstanding a suspension of sentence or a 3 withholding of adjudication. 4 (6) If the municipal official is acquitted or found 5 not guilty or is otherwise cleared of the charges which were 6 the basis of the arrest, indictment, or information by reason 7 of which he or she was suspended under the provisions of this 8 section, then the Governor shall forthwith revoke the 9 suspension and restore such municipal official to office; and 10 the official shall be entitled to and be paid full back pay 11 and such other emoluments or allowances to which he or she 12 would have been entitled for the full period of time of the 13 suspension. If, during the suspension, the term of office of 14 the municipal official expires and a successor is either 15 appointed or elected, such back pay, emoluments, or allowances 16 shall only be paid for the duration of the term of office 17 during which the municipal official was suspended under the 18 provisions of this section, and he or she shall not be 19 reinstated. 20 Section 45. Section 106.37, Florida Statutes, is 21 repealed. 22 Section 46. Subsections (2) and (3) of section 23 189.405, Florida Statutes, are amended to read: 24 189.405 Elections; general requirements and 25 procedures; education programs.-- 26 (2)(a) Any independent special district located 27 entirely in a single county may provide for the conduct of 28 district elections by the supervisor of elections for that 29 county. Any independent special district that conducts its 30 elections through the office of the supervisor shall make 31 election procedures consistent with the Florida Election Code. 56 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 (b) Any independent special district not conducting 2 district elections through the supervisor of elections shall 3 report to the supervisor in a timely manner the purpose, date, 4 authorization, procedures, and results of each election 5 conducted by the district. 6 (c) A candidate for a position on a governing board of 7 a single-county special district that has its elections 8 conducted by the supervisor of elections shall qualify for the 9 office with the county supervisor of elections in whose 10 jurisdiction the district is located. Elections for governing 11 board members elected by registered electors shall be 12 nonpartisan, except when partisan elections are specified by a 13 district's charter. Candidates shall qualify as directed by 14 chapter 99. by paying a filing fee equal to 3 percent of the 15 salary or honorarium paid for the office, or a filing fee of 16 $25, whichever is more. Alternatively, candidates may qualify 17 by submitting a petition that contains the signatures of at 18 least 3 percent of the district's registered electors, or any 19 lesser amount of signatures directed by chapter 99, chapter 20 582, or other general or special law. No election or party 21 assessment shall be levied if the election is nonpartisan. The 22 qualifying fee shall be remitted to the general revenue fund 23 of the qualifying officer to help defray the cost of the 24 election. The petition form shall be submitted and checked in 25 the same manner as those for nonpartisan judicial candidates 26 pursuant to s. 105.035. 27 (3)(a) If a multicounty special district has a 28 popularly elected governing board, elections for the purpose 29 of electing members to such board shall conform to the Florida 30 Election Code, chapters 97-106. 31 (b) With the exception of those districts conducting 57 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 elections on a one-acre/one-vote basis, qualifying for 2 multicounty special district governing board positions shall 3 be coordinated by the Department of State. Elections for 4 governing board members elected by registered electors shall 5 be nonpartisan, except when partisan elections are specified 6 by a district's charter. Candidates shall qualify as directed 7 by chapter 99. by paying a filing fee equal to 3 percent of 8 the salary or honorarium paid for the office, or a filing fee 9 of $25, whichever is more. Alternatively, candidates may 10 qualify by submitting a petition that contains the signatures 11 of at least 3 percent of the district's registered electors, 12 or any lesser amount of signatures directed by chapter 99, 13 chapter 582, or other general or special law. No election or 14 party assessment shall be levied if the election is 15 nonpartisan. The qualifying fee shall be remitted to the 16 Department of State. The petition form shall be submitted and 17 checked in the same manner as those for nonpartisan judicial 18 candidates pursuant to s. 105.035. 19 Section 47. Paragraph (a) of subsection (1) of section 20 191.005, Florida Statutes, is amended to read: 21 191.005 District boards of commissioners; membership, 22 officers, meetings.-- 23 (1)(a) With the exception of districts whose governing 24 boards are appointed collectively by the Governor, the county 25 commission, and any cooperating city within the county, the 26 business affairs of each district shall be conducted and 27 administered by a five-member board. All three-member boards 28 existing on the effective date of this act shall be converted 29 to five-member boards, except those permitted to continue as a 30 three-member board by special act adopted in 1997 or 31 thereafter. The board shall be elected in nonpartisan 58 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 elections by the electors of the district. Except as provided 2 in this act, such elections shall be held at the time and in 3 the manner prescribed by law for holding general elections in 4 accordance with s. 189.405(2)(a) and (3), and each member 5 shall be elected for a term of 4 years and serve until the 6 member's successor assumes office. Candidates for the board of 7 a district shall qualify as directed by chapter 99. with the 8 county supervisor of elections in whose jurisdiction the 9 district is located. If the district is a multicounty 10 district, candidates shall qualify with the Department of 11 State. All candidates may qualify by paying a filing fee of 12 $25 or by obtaining the signatures of at least 25 registered 13 electors of the district on petition forms provided by the 14 supervisor of elections which petitions shall be submitted and 15 checked in the same manner as petitions filed by nonpartisan 16 judicial candidates pursuant to s. 105.035. Notwithstanding s. 17 106.021, a candidate who does not collect contributions and 18 whose only expense is the filing fee is not required to 19 appoint a campaign treasurer or designate a primary campaign 20 depository. 21 Section 48. Paragraph (a) of subsection (1) of section 22 582.18, Florida Statutes, is amended to read: 23 582.18 Election of supervisors of each district.-- 24 (1) The election of supervisors for each soil and 25 water conservation district shall be held every 2 years. The 26 elections shall be held at the time of the general election 27 provided for by s. 100.041. The office of the supervisor of a 28 soil and water conservation district is a nonpartisan office, 29 and candidates for such office are prohibited from campaigning 30 or qualifying for election based on party affiliation. 31 (a) Each candidate for supervisor for such district 59 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 shall qualify as directed by chapter 99. be nominated by 2 nominating petition subscribed by 25 or more qualified 3 electors of such district. Candidates shall obtain signatures 4 on petition forms prescribed by the Department of State and 5 furnished by the appropriate qualifying officer. In 6 multicounty districts, the appropriate qualifying officer is 7 the Secretary of State; in single-county districts, the 8 appropriate qualifying officer is the supervisor of elections. 9 Such forms may be obtained at any time after the first Tuesday 10 after the first Monday in January preceding the election, but 11 prior to the 21st day preceding the first day of the 12 qualifying period for state office. Each petition shall be 13 submitted, prior to noon of the 21st day preceding the first 14 day of the qualifying period for state office, to the 15 supervisor of elections of the county for which such petition 16 was circulated. The supervisor of elections shall check the 17 signatures on the petition to verify their status as electors 18 in the district. Prior to the first date for qualifying, the 19 supervisor of elections shall determine whether the required 20 single-county signatures have been obtained; and she or he 21 shall so notify the candidate. In the case of a multicounty 22 candidate, the supervisor of elections shall check the 23 signatures on petitions and shall, prior to the first date for 24 qualifying for office, certify to the Department of State the 25 number shown as registered electors of the district. The 26 Department of State shall determine if the required number of 27 signatures has been obtained for multicounty candidates and 28 shall so notify the candidate. If the required number of 29 signatures has been obtained for the name of the candidate to 30 be placed on the ballot, the candidate shall, during the time 31 prescribed for qualifying for office in s. 99.061, submit a 60 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 copy of the notice to, and file her or his qualification 2 papers with, the qualifying officer and take the oath 3 prescribed in s. 99.021. 4 Section 49. Subsection (1) of section 876.05, Florida 5 Statutes, is amended to read: 6 876.05 Public employees; oath.-- 7 (1) All persons who now or hereafter are employed by 8 or who now or hereafter are on the payroll of the state, or 9 any of its departments and agencies, subdivisions, counties, 10 cities, school boards and districts of the free public school 11 system of the state or counties, or institutions of higher 12 learning, and all candidates for public office, except 13 candidates for federal office, are required to take an oath 14 before any person duly authorized to take acknowledgments of 15 instruments for public record in the state in the following 16 form: 17 18 I, ...., a citizen of the State of Florida and of the 19 United States of America, and being employed by or an officer 20 of .... and a recipient of public funds as such employee or 21 officer, do hereby solemnly swear or affirm that I will 22 support the Constitution of the United States and of the State 23 of Florida. 24 Section 50. Except as otherwise provided in this act, 25 this act shall take effect January 1, 2008. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 61 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 and insert: 2 A bill to be entitled 3 An act relating to elections; amending s. 4 101.151, F.S.; authorizing the use of 5 ballot-on-demand technology to produce certain 6 marksense ballots; creating s. 101.56075, F.S.; 7 requiring all voting to be by marksense ballot; 8 providing an exemption for voters with 9 disabilities; amending s. 101.5612, F.S.; 10 requiring the use of certain marksense ballots 11 for pre-election testing; amending s. 101.591, 12 F.S.; requiring post-election, random audits of 13 voting systems; providing general audit 14 procedures; mandating that audit results be 15 reported to the Department of State; 16 prescribing requirements for audit reports; 17 granting rulemaking authority to the department 18 to adopt detailed, uniform audit procedures and 19 a standard audit reporting form; providing 20 procedures for the purchase of new voting 21 systems and ballot equipment and the 22 disposition of existing touchscreen voting 23 systems for certain counties; authorizing the 24 Department of State to purchase optical scan 25 voting equipment and ballot-on-demand equipment 26 for certain counties; appropriating funds for 27 such purpose; amending s. 103.121, F.S.; 28 revising the dates relating to the presidential 29 preference primary; amending s. 101.75; 30 authorizing municipalities to move their 31 election date by ordinance to coincide with the 62 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 presidential preference primary; amending s. 2 97.053, F.S.; requiring an applicant for voter 3 registration to be notified when the 4 application cannot be verified; providing for 5 registration upon presentation of evidence of a 6 driver's license number, identification card 7 number, or the last four digits of the 8 applicant's social security number; changing 9 the time within which a person casting a 10 provisional ballot may present evidence of 11 eligibility to vote; changing the time for 12 voter registrations to be entered into the 13 statewide voter registration system; amending 14 s. 99.021, F.S.; prescribing form of oath for 15 candidates for federal office; requiring any 16 person seeking election as a write-in candidate 17 to state in writing his or her party 18 affiliation and that he or she has not been a 19 registered member of any other political party 20 during a specified period preceding the date on 21 which the candidate subscribes to the required 22 oath; amending s. 99.061, F.S.; prescribing 23 times for qualifying for nomination or 24 election; prescribing specific procedures for 25 qualifying for special district office; 26 providing that the filing fee of a candidate 27 for a special district election need not be 28 drawn on a campaign account; requiring write-in 29 candidates to pay a filing fee, party 30 assessment, and election assessment before a 31 certain deadline or qualify by the petition 63 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 process; requiring the deposit of filing fees 2 paid to the Department of State and the 3 supervisor of elections into the state and 4 county general revenue funds, respectively; 5 amending 99.092, F.S.; specifying an amount for 6 the filing fee, election assessment, and party 7 assessment that must be paid by a write-in 8 candidate; amending s. 99.095, F.S.; 9 prescribing the number of signatures required 10 for a candidate for special district office to 11 qualify by petition; requiring write-in 12 candidates to submit before a specified 13 deadline, petitions containing a specified 14 number of signatures of voters registered in a 15 specific area; prescribing the time for 16 certification to the Division of Elections of 17 certain candidates qualifying by petition; 18 amending s. 99.096, F.S.; changing manner of 19 candidate selection by minor political parties; 20 repealing s. 99.0965, F.S., relating to the 21 selection of minor party candidates; amending 22 s. 100.041, F.S.; prescribing the time when a 23 county commissioner is deemed elected; amending 24 s. 100.061, F.S.; changing the date of the 25 primary election; amending s. 100.191, F.S.; 26 revising the time for canvassing special 27 election returns; amending s. 101.043, F.S.; 28 revising forms of identification accepted at 29 the polls; amending s. 101.048, F.S.; changing 30 the time within which a person casting a 31 provisional ballot may present evidence of 64 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 eligibility to vote; amending s. 101.151, F.S.; 2 requiring the placement of a blank space on the 3 primary election ballot under the heading for 4 the office sought if all party candidates for a 5 particular office have the same party 6 affiliation and a write-in candidate for the 7 office shares that party affiliation; amending 8 s. 101.6103, F.S.; changing the time to begin 9 canvassing mail ballots; amending s. 101.62, 10 F.S.; revising the period of effectiveness of a 11 request for an absentee ballot; revising the 12 time for sending an absentee ballot to an 13 overseas elector; revising time period for 14 providing absentee ballots; amending s. 101.68, 15 F.S.; changing the time to begin canvassing 16 absentee ballots; amending s. 102.112, F.S.; 17 changing the deadline for submitting county 18 returns to the Department of State; amending s. 19 102.141, F.S.; requiring submission of 20 preliminary returns in certain format by 21 election night to the Department of State; 22 changing the time to submit unofficial returns; 23 amending s. 102.166, F.S.; conforming a 24 cross-reference; amending s. 103.081, F.S.; 25 allowing political parties to file with the 26 Department of State names of groups associated 27 with a party; prescribing conditions on the use 28 of those filed names; amending s. 103.091, 29 F.S.; revising the number of and the 30 qualifications for state committeemen and 31 committeewomen; changing the times for 65 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 qualifying for election to a political party 2 executive committee; amending s. 103.121, F.S.; 3 specifying an amount of the party assessment 4 which must be paid by a write-in candidate who 5 is registered as a member of a political party; 6 amending s. 103.141, F.S.; providing that 7 officers and members of a county executive 8 committee may be removed from office pursuant 9 to s. 103.161; repealing s. 103.151, F.S., 10 relating to the removal of a state executive 11 committee member for violation of the member's 12 oath of office; creating s. 103.161, F.S.; 13 providing for the removal of officers and 14 members of a state or county executive 15 committee for violation of the officer's or 16 member's oath of office; prescribing procedures 17 for such removal and restrictions after 18 removal; amending s. 105.031, F.S.; changing 19 the times for qualifying for school board 20 candidates; amending s. 106.021, F.S.; revising 21 qualifications for a campaign treasurer and 22 deputy treasurer for a candidate or political 23 committee; amending s. 106.04, F.S.; 24 authorizing certain entities to collect and 25 forward membership dues to committees of 26 continuous existence; amending s. 106.055, 27 F.S.; prescribing valuation method for travel 28 on a private aircraft; amending s. 106.09, 29 F.S.; revising prohibition on making or 30 accepting a cash contribution; amending s. 31 106.143, F.S.; providing disclosure 66 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 requirements for political advertisements made 2 pursuant to s. 106.021(3)(d), F.S.; providing 3 certain disclosure requirements for political 4 advertisements paid for jointly or in kind; 5 amending s. 106.17, F.S.; revising who may 6 authorize or conduct polls or surveys relating 7 to candidates; amending s. 106.25, F.S.; 8 revising requirements for complaints filed 9 alleging violations of chapters 106 and 104, 10 F.S.; revising procedures after certain 11 complaints are filed; providing for the 12 withdrawal of certain complaints; providing for 13 the Florida Elections Commission to maintain a 14 searchable database of all final orders and 15 agency actions and providing requirements for 16 such database; amending s. 106.35, F.S.; 17 revising the time for the Division of Elections 18 to distribute funds to candidates; amending s. 19 112.51, F.S.; providing for filling vacancies 20 created when a municipal officer has been 21 removed from office; repealing s. 106.37, F.S., 22 relating to willful violations of campaign 23 finance laws; amending s. 189.405, F.S.; 24 revising qualification procedures for 25 candidates for special district office; 26 amending s. 191.005, F.S.; revising 27 qualification procedures for candidates for 28 independent special fire control district 29 boards of commissioners; amending s. 582.18, 30 F.S.; revising qualification procedures for 31 candidates for soil and water conservation 67 9:43 AM 04/16/07 s0960d-ee22-by1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (100320) for SB's 960 and 1010 Barcode 431666 1 district supervisors; amending s. 876.05, F.S.; 2 exempting candidates for federal office from 3 taking the public employees' oath; providing an 4 effective date. 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 68 9:43 AM 04/16/07 s0960d-ee22-by1
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