Online Sunshine Logo
Official Internet Site of the Florida Legislature
October 23, 2014    Search Statutes:      
Interpreter Services for the Hearing Impaired
Go to Senate Kids
Go to MyFlorida House
Senate Bill 1118

Senate Bill sb1118er

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


    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1                                 

  2         An act relating to elections; creating the

  3         Florida Election Reform Act of 2001; amending

  4         s. 97.021, F.S.; revising definitions; amending

  5         ss. 98.471, 100.341, 100.361, F.S.; removing

  6         provisions relating to voting systems that use

  7         voting machines or paper ballots; amending s.

  8         101.015, F.S.; requiring the Division of

  9         Elections to review the voting systems

10         certification standards to ensure that new

11         technologies are available and appropriately

12         certified for use; amending s. 101.151, F.S.;

13         modifying specifications for ballots; requiring

14         the Department of State to adopt rules

15         prescribing uniform ballots; amending ss.

16         101.21, 101.24, 101.292, 101.34, 101.341,

17         101.43, 101.49, 101.58, 101.71, 101.75, 104.30,

18         138.05, F.S.; removing provisions relating to

19         voting machines and updating references, to

20         conform; amending s. 101.5603, F.S.; deleting

21         references to punchcard marking and voting

22         devices; amending s. 101.5604, F.S.; requiring

23         the use of precinct tabulation electronic or

24         electromechanical voting systems in each

25         county; amending s. 101.5606, F.S.; providing

26         additional requirements for electronic and

27         electromechanical voting systems; prohibiting

28         the use of punchcard voting systems; amending

29         s. 101.5607, F.S.; to correct a

30         cross-reference; amending s. 101.5608, F.S.;

31         providing procedures for ballots rejected by


                                  1

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         the vote tabulation device; amending s.

  2         101.5612, F.S.; provide standards for logic and

  3         accuracy testing of vote tabulating equipment;

  4         amending s. 101.5614, F.S.; removing references

  5         to canvassing returns at central or regional

  6         locations, to conform; creating s. 101.595,

  7         F.S.; requiring supervisors of elections and

  8         the Department of State to report on voter

  9         errors following the general election; amending

10         s. 102.012, F.S.; prescribing additional duties

11         for election boards; deleting references to

12         voting machines, to conform; amending s.

13         103.101, F.S., relating to the form of the

14         presidential preference primary, to conform;

15         amending s. 582.18, F.S., relating to the

16         election of district supervisors; conforming a

17         cross-reference; repealing ss. 100.071,

18         101.141, 101.181, 101.191, 101.251, 101.5609,

19         F.S., relating to the specification and form of

20         ballots, to conform; repealing ss. 101.011,

21         101.27, 101.28, 101.29, 101.32, 101.33, 101.35,

22         101.36, 101.37, 101.38, 101.39, 101.40,

23         101.445, 101.45, 101.46, 101.47, 101.54,

24         101.55, 101.56, F.S., relating to voting

25         machines, to conform; amending s. 97.021, F.S.;

26         revising the definitions of the terms "absent

27         elector" and "primary election"; providing

28         additional definitions; creating s. 101.048,

29         F.S.; providing procedures for voting and

30         counting provisional ballots; amending s.

31         101.045, F.S.; requiring verification of an


                                  2

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         elector's eligibility if the elector's name is

  2         not on the precinct register; amending s.

  3         101.5614, F.S.; providing for the return of

  4         provisional ballots to the supervisor of

  5         elections; providing for the canvass of

  6         provisional ballots; clarifying the standard

  7         for counting votes on spoiled ballots; amending

  8         s. 101.69, F.S.; allowing a voter who has

  9         requested an absentee ballot and who decides to

10         vote at the polls on election day to vote a

11         provisional ballot, if the absentee ballot is

12         not returned; amending s. 102.111, F.S.;

13         changing the composition of the Elections

14         Canvassing Commission; revising deadlines for

15         county returns; amending s. 102.112, F.S.;

16         revising deadlines for certification of

17         election results; directing the Department of

18         State to ignore late-filed election returns

19         except in the case of a statutory emergency;

20         amending s. 102.141, F.S.; requiring the county

21         canvassing board to provide public notice of

22         time and place of the canvass of provisional

23         ballots; modifying deadlines for submitting

24         unofficial returns; revising requirements for

25         an automatic machine recount; amending s.

26         102.166, F.S.; substantially modifying

27         standards and procedures for manual recounts;

28         repealing s. 102.167, F.S.; eliminating a form

29         for protests; amending s. 102.168, F.S.;

30         revising the grounds for an election contest;

31         amending s. 99.063, F.S.; adjusting the date to


                                  3

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         designate a Lieutenant Governor running mate;

  2         revising the primary date in 2002 and providing

  3         for only one primary until 2004; providing

  4         dates for Lieutenant Governor candidates to be

  5         designated and qualified; providing campaign

  6         finance reporting dates and contribution limits

  7         for the 2002 elections; creating s. 97.0555,

  8         F.S.; providing for registration of certain

  9         military and overseas persons; requiring the

10         Department of State to adopt rules specifying

11         eligibility; creating s. 101.6951, F.S.;

12         providing for a state write-in absentee ballot

13         for overseas voters; creating s. 101.6952,

14         F.S.; providing for absentee ballots for

15         overseas voters; creating s. 101.697, F.S.;

16         providing for absentee ballot requests and

17         voting via electronic transmission by overseas

18         voters under certain circumstances; creating s.

19         101.698, F.S.; authorizing the Elections

20         Canvassing Commission to adopt emergency rules

21         during crises to facilitate absentee voting;

22         amending s. 101.62, F.S.; modifying information

23         on absentee ballot requests; amending s.

24         101.64, F.S.; modifying absentee ballot

25         certificates; amending s. 101.65, F.S.;

26         modifying instructions to absent electors;

27         amending s. 101.657, F.S., relating to voting

28         absentee ballots; conforming provisions;

29         amending s. 101.68, F.S.; modifying information

30         that must be included on an absentee ballot;

31         authorizing the processing of absentee ballots


                                  4

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         through tabulations for a specified period

  2         before the election; amending s. 104.047, F.S.;

  3         deleting a prohibition against persons

  4         witnessing more than five ballots in an

  5         election and a prohibition against returning

  6         more than two ballots in an election, and the

  7         penalties therefor; repealing ss. 101.647,

  8         101.685, F.S., relating to returning absentee

  9         ballots and absentee ballot coordinators;

10         amending s. 98.255, F.S.; providing for voter

11         education; amending s. 101.031, F.S.; providing

12         for a Voter's Bill of Rights and

13         Responsibilities; providing responsibilities of

14         supervisors of elections; amending s. 101.131,

15         F.S.; eliminating a requirement to call out

16         names of voters; creating s. 102.014, F.S.;

17         providing for pollworker recruitment and

18         training; repealing s. 102.012(8) and (9),

19         F.S., relating to pollworker training, to

20         conform; amending s. 102.021, F.S.; to correct

21         a cross-reference; amending s. 97.073, F.S.;

22         revising procedures to be followed when a voter

23         registration application is incomplete;

24         amending s. 106.31, F.S.; providing legislative

25         intent with respect to campaign financing;

26         amending s. 106.33, F.S.; prohibiting the use

27         of contributions from individuals who are not

28         state residents to meet the eligibility

29         threshold for receiving election campaign

30         financing; amending s. 106.35, F.S.; providing

31         that contributions from individuals who are not


                                  5

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         state residents may not be used as qualifying

  2         matching contributions; creating s. 98.0977,

  3         F.S.; providing for development of a statewide

  4         voter registration database; providing for

  5         update of information in the database;

  6         requiring quarterly progress reports to the

  7         Legislature until fully implemented; providing

  8         for an operational date; providing for the use

  9         and distribution of an appropriation for the

10         design of a statewide voter registration

11         database; creating s. 98.0979, F.S.;

12         prescribing requirements for copying

13         information in the statewide voter registration

14         database; repealing s. 98.0975, F.S., relating

15         to the central voter file maintained by the

16         Division of Elections; providing for the use

17         and distribution of an appropriation for voter

18         education and pollworker training; requiring

19         the Division of Elections to provide a progress

20         report on the upgrading of voting systems;

21         providing for the distribution of an

22         appropriation from the General Appropriations

23         Act to counties; providing for study of

24         elections process in multiple time zones;

25         containing a severability clause; providing

26         effective dates.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  This act shall be known as the "Florida

31  Election Reform Act of 2001."


                                  6

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         Section 2.  Effective September 2, 2002, subsections

  2  (2), (35), and (36) of section 97.021, Florida Statutes, as

  3  amended by this act, are amended to read:

  4         97.021  Definitions.--For the purposes of this code,

  5  except where the context clearly indicates otherwise, the

  6  term:

  7         (2)  "Ballot" or "official ballot" when used in

  8  reference to:

  9         (a)  "Voting machines," except when reference is made

10  to write-in ballots, means that portion of the printed strips

11  of cardboard, paper, or other material that is within the

12  ballot frames containing the names of candidates, or a

13  statement of a proposed constitutional amendment or other

14  question or proposition submitted to the electorate at any

15  election.

16         (a)(b)  "Paper ballots" means that printed sheet of

17  paper, used in conjunction with an electronic or

18  electromechanical vote tabulation voting system, containing

19  the names of candidates, or a statement of proposed

20  constitutional amendments or other questions or propositions

21  submitted to the electorate at any election, on which sheet of

22  paper an elector casts his or her vote.

23         (b)(c)  "Electronic or electromechanical devices" means

24  a ballot that which is voted by the process of electronically

25  designating, including by touchscreen, punching or marking

26  with a marking device for tabulation by automatic tabulating

27  equipment or data processing equipment.

28         (35)  "Voting booth" or "booth" means that booth or

29  enclosure wherein an elector casts his or her ballot, be it a

30  paper ballot, a voting machine ballot, or a ballot cast for

31  tabulation by an electronic or electromechanical device.


                                  7

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (36)  "Voting system" means a method of casting and

  2  processing votes that functions wholly or partly by use of

  3  mechanical, electromechanical, or electronic apparatus or by

  4  use of paper ballots and includes, but is not limited to, the

  5  procedures for casting and processing votes and the programs,

  6  operating manuals, tabulating cards, printouts, and other

  7  software necessary for the system's operation.

  8         Section 3.  Effective September 2, 2002, section

  9  98.471, Florida Statutes, is amended to read:

10         98.471  Use of precinct register at polls.--The

11  precinct register, as prescribed in s. 98.461, may be used at

12  the polls in lieu of the registration books for the purpose of

13  identifying the elector at the polls prior to allowing him or

14  her to vote. The clerk or inspector shall require each

15  elector, upon entering the polling place, to present a Florida

16  driver's license, a Florida identification card issued under

17  s. 322.051, or another form of picture identification approved

18  by the Department of State. The elector shall sign his or her

19  name in the space provided, and the clerk or inspector shall

20  compare the signature with that on the identification provided

21  by the elector and enter his or her initials in the space

22  provided and allow the elector to vote if the clerk or

23  inspector is satisfied as to the identity of the elector.  If

24  the elector fails to furnish the required identification, or

25  if the clerk or inspector is in doubt as to the identity of

26  the elector, such clerk or inspector shall follow the

27  procedure prescribed in s. 101.49. The precinct register may

28  also contain the information set forth in s. 101.47(8) and, if

29  so, the inspector shall follow the procedure required in s.

30  101.47, except that the identification provided by the elector

31  shall be used for the signature comparison.


                                  8

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         Section 4.  Section 100.341, Florida Statutes, is

  2  amended to read:

  3         100.341  Bond referendum ballot.--The ballots used in

  4  bond referenda shall include a be on plain white paper with

  5  printed description of the issuance of bonds to be voted on as

  6  prescribed by the authority calling the referendum. A separate

  7  statement of each issue of bonds to be approved, giving the

  8  amount of the bonds and interest rate thereon, together with

  9  other details necessary to inform the electors, shall be

10  printed on the ballots in connection with the question "For

11  Bonds" and "Against Bonds."

12         Section 5.  Effective September 2, 2002, subsection (3)

13  of section 100.361, Florida Statutes, is amended to read:

14         100.361  Municipal recall.--

15         (3)  BALLOTS.--The ballots at the recall election shall

16  conform to the following:  With respect to each person whose

17  removal is sought, the question shall be submitted:  "Shall

18  .... be removed from the office of .... by recall?"

19  Immediately following each question there shall be printed on

20  the ballots the two propositions in the order here set forth:

21         "...(name of person)... should be removed from office."

22         "...(name of person)... should not be removed from

23  office."

24  

25  Immediately to the right of each of the propositions shall be

26  placed a square on which the electors, by making a crossmark

27  (X), may vote either of the propositions.  Voting machines or

28  electronic or electromechanical equipment may be used.

29         Section 6.  Effective upon this act becoming a law,

30  subsection (7) is added to section 101.015, Florida Statutes,

31  to read:


                                  9

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         101.015  Standards for voting systems.--

  2         (7)  The Division of Elections shall review the voting

  3  systems certification standards and ensure that new

  4  technologies are available for selection by boards of county

  5  commissioners which meet the requirements for voting systems

  6  and meet user standards. The Division of Elections shall

  7  continuously review the voting systems certification standards

  8  to ensure that new technologies are appropriately certified

  9  for all elections in a timely manner. The division shall also

10  develop methods to determine the will of the public with

11  respect to voting systems.

12         Section 7.  Section 101.151, Florida Statutes, is

13  amended to read:

14         101.151  Specifications for ballots general election

15  ballot.--In counties in which voting machines are not used,

16  and in other counties for use as absentee ballots not designed

17  for tabulation by an electronic or electromechanical voting

18  system, the general election ballot shall conform to the

19  following specifications:

20         (1)  Paper ballots The ballot shall be printed on paper

21  of such thickness that the printing cannot be distinguished

22  from the back.

23         (2)  Across the top of the ballot shall be printed

24  "Official Ballot, General Election," beneath which shall be

25  printed the county, the precinct number, and the date of the

26  election.  The precinct number, however, shall not be required

27  for absentee ballots.  Above the caption of the ballot shall

28  be two stubs with a perforated line between the stubs and

29  between the lower stub and the top of the ballot.  The top

30  stub shall be stub No. 1 and shall have printed thereon,

31  "General Election, Official Ballot," and then shall appear the


                                  10

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  name of the county, the precinct number, and the date of the

  2  election.  On the left side shall be a blank line under which

  3  shall be printed "Signature of Voter."  On the right side

  4  shall be "Initials of Issuing Official," above which there

  5  shall be a blank line.  The second stub shall be the same,

  6  except there shall not be a space for signature of the

  7  elector. Both stubs No. 1 and No. 2 on ballots for each

  8  precinct shall be prenumbered consecutively, beginning with

  9  "No. 1."  However, a second stub shall not be required for

10  absentee ballots.

11         (2)(3)(a)  Beneath the caption and preceding the names

12  of candidates shall be the following words:  "To vote for a

13  candidate whose name is printed on the ballot, place a cross

14  (X) mark in the blank space at the right of the name of the

15  candidate for whom you desire to vote.  To vote for a write-in

16  candidate, write the name of the candidate in the blank space

17  provided for that purpose."  The ballot shall have headings

18  under which shall appear the names of the offices and names of

19  duly nominated candidates for the respective offices in the

20  following order:  the heading "Electors for President and Vice

21  President" and thereunder the names of the candidates for

22  President and Vice President of the United States nominated by

23  the political party that which received the highest vote for

24  Governor in the last general election of the Governor in this

25  state, above which shall appear the name of said party.  Then

26  shall appear the names of other candidates for President and

27  Vice President of the United States who have been properly

28  nominated.  Votes cast for write-in candidates for President

29  and Vice President shall be counted as votes cast for the

30  presidential electors supporting such candidates.  Then shall

31  follow the heading "Congressional" and thereunder the offices


                                  11

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  of United States Senator and Representative in Congress; then

  2  the heading "State" and thereunder the offices of Governor and

  3  Lieutenant Governor, Secretary of State, Attorney General,

  4  Comptroller, Treasurer, Commissioner of Education,

  5  Commissioner of Agriculture, state attorney, and public

  6  defender, together with the names of the candidates for each

  7  office and the title of the office which they seek; then the

  8  heading "Legislative" and thereunder the offices of state

  9  senator and state representative; then the heading "County"

10  and thereunder clerk of the circuit court, clerk of the county

11  court (when authorized by law), sheriff, property appraiser,

12  tax collector, district superintendent of schools, and

13  supervisor of elections. Thereafter follows: members of the

14  board of county commissioners, and such other county and

15  district offices as are involved in the general election, in

16  the order fixed by the Department of State, followed, in the

17  year of their election, by "Party Offices," and thereunder the

18  offices of state and county party executive committee members.

19  When a write-in candidate has qualified for any office, a

20  subheading "Write-in Candidate for ...(name of office)..."

21  shall be provided followed by a blank space in which to write

22  the name of the candidate. In addition to the names printed on

23  the ballot, a blank space shall be provided under each heading

24  for an office for which a write-in candidate has qualified.

25  With respect to write-in candidates, if two or more candidates

26  are seeking election to one office, only one blank space shall

27  be provided.

28         (b)  Immediately following the name of each office on

29  the ballot shall be printed, "Vote for One."  When more than

30  one candidate is nominated for office, the candidates for such

31  office shall qualify and run in a group or district, and the


                                  12

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  group or district number shall be printed beneath the name of

  2  the office. Each nominee of a political party chosen in a

  3  primary shall appear on the general election ballot in the

  4  same numbered group or district as on the primary election

  5  ballot. The name of the office shall be printed over each

  6  numbered group or district and each numbered group or district

  7  shall be clearly separated from the next numbered group or

  8  district, the same as in the case of single offices.

  9  Following the group or district number shall be printed the

10  words, "Vote for One," and the names of the candidates in the

11  respective groups or districts shall be arranged thereunder.

12         (c)  If in any election all the offices as set forth in

13  paragraph (a) are not involved, those offices to be filled

14  shall be arranged on the ballot in the order named.

15         (3)(a)(4)  The names of the candidates of the party

16  that which received the highest number of votes for Governor

17  in the last election in which a Governor was elected shall be

18  placed first under the heading for each office on the general

19  election ballot, together with an appropriate abbreviation of

20  party name; the names of the candidates of the party that

21  which received the second highest vote for Governor shall be

22  second under the heading for each office, together with an

23  appropriate abbreviation of the party name.

24         (b)(5)  Minor political party candidates and candidates

25  with no party affiliation shall have their names appear on the

26  general election ballot following the names of recognized

27  political parties, in the same order as they were certified.

28         (4)(a)  The names of candidates for each office shall

29  be arranged alphabetically as to surnames on a primary

30  election ballot.

31  


                                  13

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (b)  When two or more candidates running for the same

  2  office on a primary election ballot have the same or a similar

  3  surname, the word "incumbent" shall appear next to the

  4  incumbent's name.

  5         (5)  The primary election ballot shall be arranged so

  6  that the offices of Governor and Lieutenant Governor are

  7  joined in a single voting space to allow each elector to cast

  8  a single vote for the joint candidacies for Governor and

  9  Lieutenant Governor, if applicable.

10         (6)  The general election ballot shall be arranged so

11  that the offices of President and Vice President are joined in

12  a single voting space to allow each elector to cast a single

13  vote for the joint candidacies for President and Vice

14  President and so that the offices of Governor and Lieutenant

15  Governor are joined in a single voting space to allow each

16  elector to cast a single vote for the joint candidacies for

17  Governor and Lieutenant Governor.

18         (7)(6)  Except for justices or judges seeking

19  retention, the names of unopposed candidates shall not appear

20  on the general election ballot.  Each unopposed candidate

21  shall be deemed to have voted for himself or herself.

22         (8)(a)  The Department of State shall adopt rules

23  prescribing a uniform primary and general election ballot for

24  each certified voting system.  The rules shall incorporate the

25  requirements set forth in this section and shall prescribe

26  additional matters and forms that include, without limitation:

27         1.  Clear and unambiguous ballot instructions and

28  directions;

29         2.  Individual race layout; and

30         3.  Overall ballot layout.

31  


                                  14

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (b)  The department rules shall graphically depict a

  2  sample uniform primary and general election ballot form for

  3  each certified voting system.

  4         (7)  The same requirement as to the type, size, and

  5  kind of printing of official ballots in primary elections as

  6  provided in s. 101.141(5) shall govern the printing of

  7  official ballots in general elections.

  8         (8)  Should the above directions for complete

  9  preparation of the ballot be insufficient, the Department of

10  State shall determine and prescribe any additional matter or

11  form.  Not less than 60 days prior to a general election, the

12  Department of State shall mail to each supervisor of elections

13  the format of the ballot to be used for the general election.

14         (9)  The provisions of s. 101.141(7) shall be

15  applicable in printing of said ballot.

16         Section 8.  Effective September 2, 2002, section

17  101.21, Florida Statutes, is amended to read:

18         101.21  Official ballots; number; printing; payment.--

19         (1)  Where applicable In any county in which voting

20  machines are not used, the supervisor of elections shall

21  determine the actual number of ballots to be printed.  The

22  printing and delivery of ballots and cards of instruction

23  shall, in a municipal election, be paid for by the

24  municipality, and in all other elections by the county.

25         (2)  In any county in which voting machines are used,

26  one set of official ballots shall be provided for each machine

27  plus a number of sets equal to 5 percent of the total number

28  of machines; one set shall be inserted or placed in or upon

29  each machine, and the remainder of the sets shall be retained

30  in the custody of the supervisor, unless it shall become

31  


                                  15

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  necessary during the election to make use of same upon or in

  2  the machines.

  3         Section 9.  Effective September 2, 2002, section

  4  101.24, Florida Statutes, is amended to read:

  5         101.24  Ballot boxes and ballots.--The supervisor of

  6  elections, except where voting machines are used, shall

  7  prepare for each polling place one ballot box of sufficient

  8  size to contain all the ballots of the particular precinct,

  9  and the ballot box shall be plainly marked with the name of

10  the precinct for which it is intended. An additional ballot

11  box, if necessary, may be supplied to any precinct. Before

12  each election, the supervisor shall place in the ballot box or

13  ballot transfer container as many ballots as are required in

14  s. 101.21. After securely sealing the ballot box or ballot

15  transfer container, the supervisor shall send the ballot box

16  or ballot transfer container to the clerk or inspector of

17  election of the precinct in which it is to be used. The clerk

18  or inspector shall be placed under oath or affirmation to

19  perform his or her duties faithfully and without favor or

20  prejudice to any political party.

21         Section 10.  Effective September 2, 2002, section

22  101.292, Florida Statutes, is amended to read:

23         101.292  Definitions; ss. 101.292-101.295.--As used in

24  ss. 101.292-101.295, the following terms shall have the

25  following meanings:

26         (1)  "Governing body" means the board of county

27  commissioners of a county or any other governing body

28  empowered by general or special act or local ordinance to

29  purchase or sell voting equipment.

30         (2)  "Voting equipment" means new or used voting

31  machines and materials, parts, or other equipment necessary


                                  16

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  for the maintenance or improvement of voting machines, the

  2  individual or combined retail value of which is in excess of

  3  the threshold amount for CATEGORY TWO purchases provided in s.

  4  287.017.  The term "voting equipment" also includes electronic

  5  or electromechanical voting systems, voting devices, and

  6  automatic tabulating equipment as defined in s. 101.5603, as

  7  well as materials, parts, or other equipment necessary for the

  8  operation and maintenance of such systems and devices, the

  9  individual or combined retail value of which is in excess of

10  the threshold amount for CATEGORY TWO purchases provided in s.

11  287.017.

12         (3)  "Purchase" means a contract for the purchase,

13  lease, rental, or other acquisition of voting equipment.

14         Section 11.  Effective September 2, 2002, section

15  101.34, Florida Statutes, is amended to read:

16         101.34  Custody of voting system machines.--The

17  supervisor of elections shall be the custodian of the voting

18  system machines in the county using them, and he or she shall

19  appoint deputies necessary to prepare and supervise the voting

20  system machines prior to and during elections.  The

21  compensation for such deputies shall be paid by the supervisor

22  of elections.

23         Section 12.  Effective September 2, 2002, section

24  101.341, Florida Statutes, is amended to read:

25         101.341  Prohibited activities by voting system machine

26  custodians and deputy custodians.--

27         (1)  No voting system machine custodian or deputy

28  custodian or other employee of the supervisor of elections,

29  which employee's duties are primarily involved with the

30  preparation, maintenance, or repair of voting equipment, may

31  shall accept employment or any form of consideration from any


                                  17

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  person or business entity involved in the purchase, repair, or

  2  sale of voting equipment unless such employment has the prior

  3  written approval of the supervisor of elections of the county

  4  by which such person is employed.

  5         (2)  Any person violating the provisions of this

  6  section is guilty of a misdemeanor of the first degree,

  7  punishable as provided by s. 775.082 or s. 775.083. Such

  8  person shall also be subject to immediate discharge from his

  9  or her position.

10         Section 13.  Effective September 2, 2002, section

11  101.43, Florida Statutes, is amended to read:

12         101.43  Substitute ballot.--When voting machines are

13  used and the required official ballots for a precinct are not

14  delivered in time to be used on election day, or after

15  delivery, are lost, destroyed or stolen, the clerk or other

16  officials whose duty it is to provide ballots for use at such

17  election, in lieu of the official ballots, shall have

18  substitute ballots prepared, conforming as nearly as possible

19  to the official ballots, and the board of election shall

20  substitute these ballots to be used in the same manner as the

21  official ballots would have been used at the election.

22         Section 14.  Effective September 2, 2002, section

23  101.49, Florida Statutes, is amended to read:

24         101.49  Procedure of election officers where signatures

25  differ.--

26         (1)  Whenever any clerk or inspector, upon a just

27  comparison of the signatures signature, doubts shall doubt

28  that the signature handwriting affixed to a signature

29  identification slip of any elector who presents himself or

30  herself at the polls to vote is the same as the signature of

31  the elector affixed in the registration book, the clerk or


                                  18

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  inspector shall deliver to the person an affidavit which shall

  2  be in substantially the following form:

  3  

  4  STATE OF FLORIDA,

  5  COUNTY OF .....

  6         I do solemnly swear (or affirm) that my name is ....;

  7  that I am .... years old; that I was born in the State of

  8  ....; that I am registered to vote, and at the time I

  9  registered I resided on .... Street, in the municipality of

10  ...., County of ...., State of Florida; that I am a qualified

11  voter of the county and state aforesaid and have not voted in

12  this election.

13                                      ...(Signature of voter)...

14         Sworn to and subscribed before me this .... day of

15  ...., A. D. ...(year)....

16                          ...(Clerk or inspector of election)...

17                                              Precinct No. .....

18                                                 County of .....

19  

20         (2)  The person shall fill out, in his or her own

21  handwriting or with assistance from a member of the election

22  board, the form and make an affidavit to the facts stated in

23  the filled-in form; such affidavit shall then be sworn to and

24  subscribed before one of the inspectors or clerks of the

25  election who is authorized to administer the oath. Whenever

26  the affidavit is made and filed with the clerk or inspector,

27  the person shall then be admitted to the voting machine to

28  cast his or her vote, but if the person fails or refuses to

29  make out or file such affidavit, then he or she shall not be

30  permitted to vote.

31  


                                  19

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         Section 15.  Effective September 2, 2002, subsections

  2  (4), (5), and (8) of section 101.5603, Florida Statutes, are

  3  amended to read:

  4         101.5603  Definitions relating to Electronic Voting

  5  Systems Act.--As used in this act, the term:

  6         (4)  "Electronic or electromechanical voting system"

  7  means a system of casting votes by use of voting devices or

  8  marking devices and counting ballots by employing automatic

  9  tabulating equipment or data processing equipment, and the

10  term includes touchscreen systems.

11         (5)  "Marking device" means either an approved

12  apparatus used for the piercing of ballots by the voter or any

13  approved device for marking a ballot with ink or other

14  substance which will enable the ballot to be tabulated by

15  means of automatic tabulating equipment.

16         (8)  "Voting device" means either an apparatus in which

17  ballots are inserted and used in connection with a marking

18  device for the piercing of ballots by the voter or an

19  apparatus by which votes are registered electronically.

20         Section 16.  Effective September 2, 2002, section

21  101.5604, Florida Statutes, is amended to read:

22         101.5604  Adoption of system; procurement of equipment;

23  commercial tabulations.--The board of county commissioners of

24  any county, at any regular meeting or a special meeting called

25  for the purpose, may, upon consultation with the supervisor of

26  elections, adopt, purchase or otherwise procure, and provide

27  for the use of any electronic or electromechanical voting

28  system approved by the Department of State in all or a portion

29  of the election precincts of that county. Thereafter the

30  electronic or electromechanical voting system may be used for

31  voting at all elections for public and party offices and on


                                  20

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  all measures and for receiving, registering, and counting the

  2  votes thereof in such election precincts as the governing body

  3  directs. A county must use an electronic or electromechanical

  4  precinct-count tabulation voting system. Any such board may

  5  contract for the tabulation of votes at a location within the

  6  county when there is no suitable tabulating equipment

  7  available which is owned by the county.

  8         Section 17.  Effective September 2, 2002, a voting

  9  system that uses an apparatus or device for the piercing of

10  ballots by the voter may not be used in this state.

11         Section 18.  Effective September 2, 2002, section

12  101.5606, Florida Statutes, is amended to read:

13         101.5606  Requirements for approval of systems.--No

14  electronic or electromechanical voting system shall be

15  approved by the Department of State unless it is so

16  constructed that:

17         (1)  It permits and requires voting in secrecy.

18         (2)  It permits each elector to vote at any election

19  for all persons and offices for whom and for which the elector

20  is lawfully entitled to vote, and no others; to vote for as

21  many persons for an office as the elector is entitled to vote

22  for; and to vote for or against any question upon which the

23  elector is entitled to vote.

24         (3)  The automatic tabulating equipment shall be set to

25  reject a ballot and provide the elector an opportunity to

26  correct the ballot where the number of votes for an office or

27  measure exceeds the number which the voter is entitled to cast

28  or where the tabulating equipment reads the ballot as a ballot

29  with no votes cast.

30         (4)(3)  For rejected ballots that voters choose to

31  cast, the automatic tabulating equipment will be set to accept


                                  21

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  the ballot and reject all votes for any office or measure when

  2  the number of votes therefor exceeds the number which the

  3  voter is entitled to cast or when the voter is not entitled to

  4  cast a vote for the office or measure.

  5         (5)(4)  It is capable of correctly counting votes.

  6         (6)(5)  It permits each voter at a primary election to

  7  vote only for the candidates seeking nomination by the

  8  political party in which such voter is registered, for any

  9  candidate for nonpartisan office, and for any question upon

10  which the voter is entitled to vote.

11         (7)(6)  At presidential elections it permits each

12  elector, by one operation, to vote for all presidential

13  electors of a party or for all presidential electors of

14  candidates for President and Vice President with no party

15  affiliation.

16         (8)(7)  It provides a method for write-in voting.

17         (9)(8)  It is capable of accumulating a count of the

18  specific number of ballots tallied for a precinct,

19  accumulating total votes by candidate for each office, and

20  accumulating total votes for and against each question and

21  issue of the ballots tallied for a precinct.

22         (10)(9)  It is capable of tallying votes from ballots

23  of different political parties from the same precinct, in the

24  case of a primary election.

25         (11)(10)  It is capable of automatically producing

26  precinct totals in printed, marked, or punched form, or a

27  combination thereof.

28         (12)(11)  If it is of a type which registers votes

29  electronically, it will permit each voter to change his or her

30  vote for any candidate or upon any question appearing on the

31  official ballot up to the time that the voter takes the final


                                  22

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  step to register his or her vote and to have the vote

  2  computed.

  3         (13)(12)  It is capable of providing records from which

  4  the operation of the voting system may be audited.

  5         (14)  It uses a precinct-count tabulation system.

  6         (15)  It does not use an apparatus or device for the

  7  piercing of ballots by the voter.

  8         Section 19.  Paragraph (b) of subsection (1) of section

  9  101.5607, Florida Statutes, is amended to read:

10         101.5607  Department of State to maintain voting system

11  information; prepare software.--

12         (1)

13         (b)  Within 24 hours after the completion of any logic

14  and accuracy test conducted pursuant to s. 101.5612(1), the

15  supervisor of elections shall send by certified mail to the

16  Department of State a copy of the tabulation program which was

17  used in the logic and accuracy testing.

18         Section 20.  Paragraph (b) of subsection (2) of section

19  101.5608, Florida Statutes, is amended to read:

20         101.5608  Voting by electronic or electromechanical

21  method; procedures.--

22         (2)  When an electronic or electromechanical voting

23  system utilizes a ballot card or paper ballot, the following

24  procedures shall be followed:

25         (b)  Any voter who spoils his or her ballot or makes an

26  error may return the ballot to the election official and

27  secure another ballot, except that in no case shall a voter be

28  furnished more than three ballots. If the vote tabulation

29  device has rejected a ballot, the ballot shall be considered

30  spoiled and a new ballot shall be provided to the voter unless

31  the voter chooses to cast the rejected ballot. The election


                                  23

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  official, without examining the original ballot, shall state

  2  the possible reasons for the rejection and direct the voter to

  3  the instruction model provided at the precinct pursuant to s.

  4  101.5611. A spoiled ballot shall be preserved, without

  5  examination, in an envelope provided for that purpose. The

  6  stub shall be removed from the ballot and placed in an

  7  envelope.

  8         Section 21.  Section 101.5612, Florida Statutes, is

  9  amended to read:

10         101.5612  Testing of tabulating equipment.--

11         (1)  All electronic or electromechanical voting systems

12  shall be thoroughly tested at the conclusion of maintenance

13  and programming. Tests shall be sufficient to determine that

14  the voting system is properly programmed, the election is

15  correctly defined on the voting system, and all of the voting

16  system input, output, and communication devices are working

17  properly.

18         (2)(1)  On any day not more than 10 days prior to the

19  election day, the supervisor of elections shall have the

20  automatic tabulating equipment publicly tested to ascertain

21  that the equipment will correctly count the votes cast for all

22  offices and on all measures. Public notice of the time and

23  place of the test shall be given at least 48 hours prior

24  thereto by publication once in one or more newspapers of

25  general circulation in the county or, if there is no newspaper

26  of general circulation in the county, by posting such notice

27  in at least four conspicuous places in the county.  The

28  supervisor or the municipal elections official may, at the

29  time of qualifying, give written notice of the time and

30  location of such public the preelection test to each candidate

31  qualifying with that office and obtain a signed receipt that


                                  24

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  such notice has been given.  The Department of State shall

  2  give written notice to each statewide candidate at the time of

  3  qualifying, or immediately at the end of qualifying, that the

  4  voting equipment will be tested and advise each such candidate

  5  to contact the county supervisor of elections as to the time

  6  and location of the public preelection test pretest. The

  7  supervisor or the municipal elections official shall, at least

  8  15 days prior to an election, send written notice by certified

  9  mail to the county party chair of each political party and to

10  all candidates for other than statewide office whose names

11  appear on the ballot in the county and who did not receive

12  written notification from the supervisor or municipal

13  elections official at the time of qualifying, stating the time

14  and location of the public preelection test of the automatic

15  tabulating equipment.  The canvassing board shall convene, and

16  each member of the canvassing board shall certify to the

17  accuracy of the test.  For the test, the canvassing board may

18  designate one member to represent it. The test shall be open

19  to representatives of the political parties, the press, and

20  the public.  Each political party may designate one person

21  with expertise in the computer field who shall be allowed in

22  the central counting room when all tests are being conducted

23  and when the official votes are being counted. Such designee

24  shall not interfere with the normal operation of the

25  canvassing board.

26         (3)  For electronic or electromechanical voting systems

27  configured to tabulate absentee ballots at a central or

28  regional site, the public testing shall be conducted by

29  processing a preaudited group of ballots so produced as to

30  record a predetermined number of valid votes for each

31  candidate and on each measure and to include one or more


                                  25

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  ballots for each office which have activated voting positions

  2  in excess of the number allowed by law in order to test the

  3  ability of the automatic tabulating equipment to reject such

  4  votes.  If any error is detected, the cause therefor shall be

  5  corrected and an errorless count shall be made before the

  6  automatic tabulating equipment is approved.  The test shall be

  7  repeated and errorless results achieved immediately before the

  8  start of the official count of the ballots and again after the

  9  completion of the official count.  The programs and ballots

10  used for testing shall be sealed and retained under the

11  custody of the county canvassing board.

12         (4)(a)1.  For electronic or electromechanical voting

13  systems configured to include electronic or electromechanical

14  tabulation devices which are distributed to the precincts, all

15  or a sample of the devices to be used in the election shall be

16  publicly tested.  If a sample is to be tested, the sample

17  shall consist of a random selection of at least 5 percent or

18  10 of the devices, whichever is greater.  The test shall be

19  conducted by processing a group of ballots, causing the device

20  to output results for the ballots processed, and comparing the

21  output of results to the results expected for the ballots

22  processed.  The group of ballots shall be produced so as to

23  record a predetermined number of valid votes for each

24  candidate and on each measure and to include for each office

25  one or more ballots which have activated voting positions in

26  excess of the number allowed by law in order to test the

27  ability of the tabulating device to reject such votes.

28         2.  If any tested tabulating device is found to have an

29  error in tabulation, it shall be deemed unsatisfactory.  For

30  each device deemed unsatisfactory, the canvassing board shall

31  take steps to determine the cause of the error, shall attempt


                                  26

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  to identify and test other devices that could reasonably be

  2  expected to have the same error, and shall test a number of

  3  additional devices sufficient to determine that all devices

  4  are satisfactory.  Upon deeming any device unsatisfactory, the

  5  canvassing board may require all devices to be tested or may

  6  declare that all devices are unsatisfactory.

  7         3.  If the operation or output of any tested tabulation

  8  device, such as spelling or the order of candidates on a

  9  report, is in error, such problem shall be reported to the

10  canvassing board.  The canvassing board shall then determine

11  if the reported problem warrants its deeming the device

12  unsatisfactory.

13         (b)  At the completion of testing under this

14  subsection, the canvassing board or its representative, the

15  representatives of the political parties, and the candidates

16  or their representatives who attended the test shall witness

17  the resetting of each device that passed to a preelection

18  state of readiness and the sealing of each device that passed

19  in such a manner as to secure its state of readiness until the

20  opening of the polls.

21         (c)  The canvassing board or its representative shall

22  execute a written statement setting forth the tabulation

23  devices tested, the results of the testing, the protective

24  counter numbers, if applicable, of each tabulation device, the

25  number of the seal securing each tabulation device at the

26  conclusion of testing, any problems reported to the board as a

27  result of the testing, and whether each device tested is

28  satisfactory or unsatisfactory.

29         (d)  Any tabulating device deemed unsatisfactory shall

30  be reprogrammed, repaired, or replaced and shall be made

31  available for retesting.  Such device must be determined by


                                  27

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  the canvassing board or its representative to be satisfactory

  2  before it may be used in any election.  The canvassing board

  3  or its representative shall announce at the close of the first

  4  testing the date, place, and time that any unsatisfactory

  5  device will be retested or may, at the option of the board,

  6  notify by telephone each person who was present at the first

  7  testing as to the date, place, and time that the retesting

  8  will occur.

  9         (e)  Records must be kept of all preelection testing of

10  electronic or electromechanical tabulation devices used in any

11  election.  Such records are to be present and available for

12  inspection and reference during public preelection testing by

13  any person in attendance during such testing.  The need of the

14  canvassing board for access to such records during the testing

15  shall take precedence over the need of other attendees to

16  access such records so that the work of the canvassing board

17  will not be delayed or hindered.  Records of testing must

18  include, for each device, the name of each person who tested

19  the device and the date, place, time, and results of each

20  test.  Records of testing shall be retained as part of the

21  official records of the election in which any device was used.

22         (2)  The test shall be conducted by processing a

23  preaudited group of ballots so produced as to record a

24  predetermined number of valid votes for each candidate and on

25  each measure and shall include for each office one or more

26  ballots which have votes in excess of the number allowed by

27  law in order to test the ability of the automatic tabulating

28  equipment to reject such votes.  If any error is detected, the

29  cause therefor shall be ascertained and corrected and an

30  errorless count shall be made before the automatic tabulating

31  equipment is approved.  The test shall be repeated immediately


                                  28

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  before the start of the official count of the ballots in the

  2  same manner as set forth above.  After the completion of the

  3  count, the test shall be repeated.  The programs and ballots

  4  used shall be sealed and retained under the custody of the

  5  county canvassing board.

  6         Section 22.  Effective September 2, 2002, subsections

  7  (1), (2), (3), and (7) of section 101.5614, Florida Statutes,

  8  as amended by this act, are amended to read:

  9         101.5614  Canvass of returns.--

10         (1)(a)  In precincts in which an electronic or

11  electromechanical voting system is used, as soon as the polls

12  are closed, the election board shall secure the voting devices

13  against further voting. The election board shall thereafter

14  open the ballot box in the presence of members of the public

15  desiring to witness the proceedings and count the number of

16  voted ballots, unused ballots, provisional ballots, and

17  spoiled ballots to ascertain whether such number corresponds

18  with the number of ballots issued by the supervisor. If there

19  is a difference, this fact shall be reported in writing to the

20  county canvassing board with the reasons therefor if known.

21  The total number of voted ballots shall be entered on the

22  forms provided. The proceedings of the election board at the

23  precinct after the polls have closed shall be open to the

24  public; however, no person except a member of the election

25  board shall touch any ballot or ballot container or interfere

26  with or obstruct the orderly count of the ballots.

27         (b)  In lieu of opening the ballot box at the precinct,

28  the supervisor may direct the election board to keep the

29  ballot box sealed and deliver it to a central or regional

30  counting location. In this case, the election board shall

31  


                                  29

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  count the stubs removed from the ballots to determine the

  2  number of voted ballots.

  3         (2)(a)  If the ballots are to be tallied at a central

  4  location or at no more than three regional locations, the

  5  election board shall place all ballots that have been cast and

  6  the unused, void, provisional, and defective ballots in the

  7  container or containers provided for this purpose, which shall

  8  be sealed and delivered forthwith to the central or regional

  9  counting location or other designated location by two

10  inspectors who shall not, whenever possible, be of the same

11  political party.  The election board shall certify that the

12  ballots were placed in such container or containers and each

13  container was sealed in its presence and under its

14  supervision, and it shall further certify to the number of

15  ballots of each type placed in the container or containers.

16         (2)(b)  If ballots are to be counted at the precincts,

17  such ballots shall be counted pursuant to rules adopted by The

18  Department of State, which rules shall, in accordance with s.

19  101.015, adopt rules that provide safeguards which conform as

20  nearly as practicable to the safeguards provided in the

21  procedures for the counting of votes at a precinct and at a

22  central or regional location.

23         (3)(a)  All proceedings at the central or regional

24  counting location or other designated location shall be under

25  the direction of the county canvassing board and shall be open

26  to the public, but no person except a person employed and

27  authorized for the purpose shall touch any ballot or ballot

28  container, any item of automatic tabulating equipment, or any

29  return prior to its release.  If the ballots are tabulated at

30  regional locations, one member of the canvassing board or a

31  person designated by the board to represent it shall be


                                  30

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  present at each location during the testing of the counting

  2  equipment and the tabulation of the ballots.

  3         (3)(b)  The results of If ballots are tabulated at

  4  precinct regional locations, the results of such election may

  5  be transmitted via dedicated teleprocessing lines to the main

  6  computer system for the purpose of compilation of complete

  7  returns.  The security guidelines for transmission of returns

  8  by dedicated teleprocessing lines shall conform to rules

  9  adopted by the Department of State pursuant to s. 101.015.

10         (7)  Absentee ballots may be counted by automatic

11  tabulating equipment if they have been punched or marked in a

12  manner which will enable them to be properly counted by such

13  equipment.

14         Section 23.  Effective September 2, 2002, section

15  101.58, Florida Statutes, is amended to read:

16         101.58  Supervising and observing registration and

17  election processes.--The Department of State may, at any time

18  it deems fit; upon the petition of 5 percent of the registered

19  electors; or upon the petition of any candidate, county

20  executive committee chair, state committeeman or

21  committeewoman, or state executive committee chair, appoint

22  one or more deputies whose duties shall be to observe and

23  examine the registration and election processes and the

24  condition, custody, and operation of voting systems and

25  equipment machines in any county or municipality. The deputy

26  shall have access to all registration books and records as

27  well as any other records or procedures relating to the voting

28  process.  The deputy may supervise preparation of the voting

29  equipment election machines and procedures for election, and

30  it shall be unlawful for any person to obstruct the deputy in

31  the performance of his or her duty. The deputy shall file with


                                  31

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  the Department of State a report of his or her findings and

  2  observations of the registration and election processes in the

  3  county or municipality, and a copy of the report shall also be

  4  filed with the clerk of the circuit court of said county.  The

  5  compensation of such deputies shall be fixed by the Department

  6  of State; and costs incurred under this section shall be paid

  7  from the annual operating appropriation made to the Department

  8  of State.

  9         Section 24.  Section 101.595, Florida Statutes, is

10  created to read:

11         101.595  Analysis and reports of voter error.--

12         (1)  No later than December 15 of each general election

13  year, the supervisor of elections in each county shall report

14  on voter errors to the Department of State, along with the

15  likely reasons for the errors and other information as may be

16  useful in evaluating the performance of the voting system and

17  identifying problems with ballot design and instructions which

18  may have contributed to voter confusion.

19         (2)  The Department of State, upon receipt of such

20  information, shall prepare a public report on the performance

21  of each type of voting system.  The report must contain, but

22  is not limited to, the following information:

23         (a)  An identification of problems with the ballot

24  design or instructions which may have contributed to voter

25  confusion;

26         (b)  An identification of voting system design

27  problems; and

28         (c)  Recommendations for correcting any problems

29  identified.

30         (3)  The Department of State shall submit the report to

31  the Governor, the President of the Senate, and the Speaker of


                                  32

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  the House of Representatives by January 31 of each year

  2  following a general election.

  3         Section 25.  Effective September 2, 2002, subsection

  4  (2) of section 101.71, Florida Statutes, is amended to read:

  5         101.71  Polling place.--

  6         (2)  Notwithstanding the provisions of subsection (1),

  7  whenever the supervisor of elections of any county determines

  8  that the accommodations for holding any election at a polling

  9  place designated for any precinct in the county are

10  unavailable or are inadequate for the expeditious and

11  efficient housing and handling of voting and voting

12  paraphernalia, including voting machines where used, the

13  supervisor may provide, not less than 30 days prior to the

14  holding of an election, that the voting place for such

15  precinct shall be moved to another site which shall be

16  accessible to the public on election day in said precinct or,

17  if such is not available, to another site which shall be

18  accessible to the public on election day in a contiguous

19  precinct.  If such action of the supervisor results in the

20  voting place for two or more precincts being located for the

21  purposes of an election in one building, the voting places for

22  the several precincts involved shall be established and

23  maintained separate from each other in said building.  When

24  any supervisor moves any polling place pursuant to this

25  subsection, the supervisor shall, not more than 30 days or

26  fewer than 7 days prior to the holding of an election, give

27  notice of the change of the polling place for the precinct

28  involved, with clear description of the voting place to which

29  changed, at least once in a newspaper of general circulation

30  in said county.  A notice of the change of the polling place

31  involved shall be mailed, at least 14 days prior to an


                                  33

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  election, to each registered elector or to each household in

  2  which there is a registered elector.

  3         Section 26.  Subsection (1) of section 101.75, Florida

  4  Statutes, is amended to read:

  5         101.75  Municipal elections; change of dates for

  6  cause.--

  7         (1)  In any municipality, when the date of the

  8  municipal election falls on the same date as any statewide or

  9  county election and the voting devices of the voting system

10  used in the county machines are not available for both

11  elections, the municipality may provide that the municipal

12  election may be held within 30 days prior to or subsequent to

13  the statewide or county election.

14         Section 27.  Effective September 2, 2002, subsections

15  (4) and (7) of section 102.012, Florida Statutes, are amended

16  to read:

17         102.012  Inspectors and clerks to conduct elections.--

18         (4)(a)  The election board of each precinct shall

19  attend the polling place by 6 a.m. of the day of the election

20  and shall arrange the furniture, stationery, and voting

21  equipment.

22         (b)  An election board shall conduct the voting,

23  beginning and closing at the time set forth in s. 100.011.  If

24  more than one board has been appointed, the second board

25  shall, upon the closing of the polls, come on duty and count

26  the votes cast. In such case, the first board shall turn over

27  to the second board all closed ballot boxes, registration

28  books, and other records of the election at the time the

29  boards change.  The second board shall continue counting until

30  the count is complete or until 7 a.m. the next morning, and,

31  if the count is not completed at that time, the first board


                                  34

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  that conducted the election shall again report for duty and

  2  complete the count.  The second board shall turn over to the

  3  first board all ballots counted, all ballots not counted, and

  4  all registration books and other records and shall advise the

  5  first board as to what has transpired in tabulating the

  6  results of the election.

  7         (7)  For any precinct using voting machines, there

  8  shall be one election board appointed, plus an additional

  9  inspector for each machine in excess of one; however, the

10  supervisor of elections may appoint a greater number of

11  additional inspectors than required by this subsection.

12         Section 28.  Subsections (8) and (9) of section

13  103.101, Florida Statutes, are amended to read:

14         103.101  Presidential preference primary.--

15         (8)  All names of candidates or delegates shall be

16  listed as directed by the Department of State. The ballot as

17  prescribed in this section shall be used.

18         (9)  The presidential preference primary ballot shall

19  be in substantially the following form:

20  

21                 OFFICIAL PRESIDENTIAL PREFERENCE

22                          PRIMARY BALLOT

23  

24  No. .... .... Party

25                       ....COUNTY, FLORIDA

26  

27                        Precinct No. ....

28  

29                           ...(Date)...

30  

31  


                                  35

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  ...(Signature of Voter)...             ...(Initials of Issuing

  2  Official)...

  3  

  4                            Stub No. 1

  5  

  6                 OFFICIAL PRESIDENTIAL PREFERENCE

  7                          PRIMARY BALLOT

  8  

  9  No. .... .... Party

10                       ....COUNTY, FLORIDA

11  

12                        Precinct No. ....

13  

14                           ...(Date)...

15  

16                            ...(Initials of Issuing Official)...

17  

18                            Stub No. 2

19  

20                 OFFICIAL PRESIDENTIAL PREFERENCE

21                          PRIMARY BALLOT

22  

23                            .... Party

24                       ....COUNTY, FLORIDA

25  

26                        Precinct No. ....

27  

28                           ...(Date)...

29  

30  Place a cross (X) in the blank space to the right of the name

31  of the presidential candidate for whom you wish to vote,


                                  36

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  

  2  For President

  3  

  4  ...(Name of Candidate)...

  5  

  6  ...(Name of Candidate)...

  7  

  8  or place a cross (X) in the blank space to the right of the

  9  name of the delegate(s) for whom you wish to vote.

10  

11  ...(Name of Delegate)...         ...(Name of Candidate)...    

12         Section 29.  Section 104.30, Florida Statutes, is

13  amended to read:

14         104.30  Voting system machine; unlawful possession;

15  tampering.--

16         (1)  Any unauthorized person who unlawfully has

17  possession of any voting system, components, machine or key

18  thereof is guilty of a misdemeanor of the first degree,

19  punishable as provided in s. 775.082 or s. 775.083.

20         (2)  Any person who tampers or attempts to tamper with

21  or destroy any voting system or equipment machine with the

22  intention of interfering with the election process or the

23  results thereof is guilty of a felony of the third degree,

24  punishable as provided in s. 775.082, s. 775.083, or  s.

25  775.084.

26         Section 30.  Effective September 2, 2002, section

27  138.05, Florida Statutes, is amended to read:

28         138.05  Form of ballot.--The clerk of the circuit court

29  of any county in this state, when the names of the towns,

30  villages, and cities required in s. 138.04 have been furnished

31  him or her, shall have printed, at the expense of the county,


                                  37

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  a suitable ballot to be used in the said election, the said

  2  ballot to contain, in alphabetical order, the names of all

  3  such towns, villages, and cities, and no other places shall be

  4  printed on the said ballots; provided, that in counties where

  5  the use of voting machines is now or may hereafter be

  6  authorized by law, the requirements of this section shall,

  7  insofar as practicable, be adapted to the use of said voting

  8  machines.

  9         Section 31.  Paragraph (c) of subsection (1) of section

10  582.18, Florida Statutes, is amended to read:

11         582.18  Election of supervisors of each district.--

12         (1)

13         (c)  The names of all nominees on behalf of whom such

14  nominating petitions have been filed shall appear upon ballots

15  in accordance with the general election laws.  All qualified

16  electors residing within the district shall be eligible to

17  vote in such election. The candidates who receive the largest

18  number of the votes cast from each group of candidates, as

19  provided in s. 100.071, in such election shall be the elected

20  supervisors from such group for such district.  In the case of

21  a newly created district participating in a regular election

22  for the first time, three groups of candidates shall be

23  elected for terms of 4 years, and two groups shall be elected

24  for initial terms of 2 years. Each candidate elected shall

25  assume office on the first Tuesday after the first Monday in

26  January following the election.

27         Section 32.  Sections 100.071, 101.141, 101.181,

28  101.191, 101.251, and 101.5609, Florida Statutes, are

29  repealed.

30         Section 33.  Effective September 2, 2002, sections

31  101.011, 101.27, 101.28, 101.29, 101.32, 101.33, 101.35,


                                  38

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  101.36, 101.37, 101.38, 101.39, 101.40, 101.445, 101.45,

  2  101.46, 101.47, 101.54, 101.55, and 101.56, Florida Statutes,

  3  are repealed.

  4         Section 34.  Section 97.021, Florida Statutes, is

  5  amended to read:

  6         97.021  Definitions.--For the purposes of this code,

  7  except where the context clearly indicates otherwise, the

  8  term:

  9         (1)  "Absent elector" means any registered and

10  qualified voter who casts an absentee ballot.:

11         (a)  Is unable without another's assistance to attend

12  the polls.

13         (b)  Is an inspector, a poll worker, a deputy voting

14  machine custodian, a deputy sheriff, a supervisor of

15  elections, or a deputy supervisor who is assigned to a

16  different precinct than that in which he or she is registered

17  to vote.

18         (c)  On account of the tenets of his or her religion,

19  cannot attend the polls on the day of the general, special, or

20  primary election.

21         (d)  May not be in the precinct of his or her residence

22  during the hours the polls are open for voting on the day of

23  the election.

24         (e)  Has changed his or her residency to another county

25  in this state within the time period during which the

26  registration books are closed for the election for which the

27  ballot is requested.

28         (f)  Has changed his or her residency to another state

29  and is ineligible under the laws of that state to vote in the

30  general election; however, this pertains only to presidential

31  ballots.


                                  39

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (2)  "Ballot" or "official ballot" when used in

  2  reference to:

  3         (a)  "Voting machines," except when reference is made

  4  to write-in ballots, means that portion of the printed strips

  5  of cardboard, paper, or other material that is within the

  6  ballot frames containing the names of candidates, or a

  7  statement of a proposed constitutional amendment or other

  8  question or proposition submitted to the electorate at any

  9  election.

10         (b)  "Paper ballots" means that printed sheet of paper

11  containing the names of candidates, or a statement of proposed

12  constitutional amendments or other questions or propositions

13  submitted to the electorate at any election, on which sheet of

14  paper an elector casts his or her vote.

15         (c)  "Electronic or electromechanical devices" means a

16  ballot which is voted by the process of punching or marking

17  with a marking device for tabulation by automatic tabulating

18  equipment or data processing equipment.

19         (3)  "Candidate" means any person to whom any one or

20  more of the following applies:

21         (a)  Any person who seeks to qualify for nomination or

22  election by means of the petitioning process.

23         (b)  Any person who seeks to qualify for election as a

24  write-in candidate.

25         (c)  Any person who receives contributions or makes

26  expenditures, or gives his or her consent for any other person

27  to receive contributions or make expenditures, with a view to

28  bringing about his or her nomination or election to, or

29  retention in, public office.

30         (d)  Any person who appoints a treasurer and designates

31  a primary depository.


                                  40

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (e)  Any person who files qualification papers and

  2  subscribes to a candidate's oath as required by law.

  3  

  4  However, this definition does not include any candidate for a

  5  political party executive committee.

  6         (4)  "Central voter file" means a statewide, centrally

  7  maintained database containing voter registration information

  8  of all counties in this state.

  9         (5)  "Department" means the Department of State.

10         (6)  "Division" means the Division of Elections of the

11  Department of State.

12         (7)  "Election" means any primary election, special

13  primary election, special election, general election, or

14  presidential preference primary election.

15         (8)  "Election board" means the clerk and inspectors

16  appointed to conduct an election.

17         (9)  "Election costs" shall include, but not be limited

18  to, expenditures for all paper supplies such as envelopes,

19  instructions to voters, affidavits, reports, ballot cards,

20  ballot booklets for absentee voters, postage, notices to

21  voters; advertisements for registration book closings, testing

22  of voting equipment, sample ballots, and polling places; forms

23  used to qualify candidates; polling site rental and equipment

24  delivery and pickup; data processing time and supplies;

25  election records retention; and labor costs, including those

26  costs uniquely associated with absentee ballot preparation,

27  poll workers, and election night canvass.

28         (10)  "Elector" is synonymous with the word "voter" or

29  "qualified elector or voter," except where the word is used to

30  describe presidential electors.

31  


                                  41

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (11)  "General election" means an election held on the

  2  first Tuesday after the first Monday in November in the

  3  even-numbered years, for the purpose of filling national,

  4  state, county, and district offices and for voting on

  5  constitutional amendments not otherwise provided for by law.

  6         (12)  "Lists of registered electors" means copies of

  7  printed lists of registered electors, computer tapes or disks,

  8  or any other device used by the supervisor of elections to

  9  maintain voter records.

10         (13)  "Member of the Merchant Marine" means an

11  individual, other than a member of a uniformed service or an

12  individual employed, enrolled, or maintained on the Great

13  Lakes for the inland waterways, who is:

14         (a)  Employed as an officer or crew member of a vessel

15  documented under the laws of the United States, a vessel owned

16  by the United States, or a vessel of foreign-flag registry

17  under charter to or control of the United States; or

18         (b)  Enrolled with the United States for employment or

19  training for employment, or maintained by the United States

20  for emergency relief service, as an officer or crew member of

21  such vessel.

22         (14)(13)  "Minor political party" is any group as

23  defined in this subsection which on January 1 preceding a

24  primary election does not have registered as members 5 percent

25  of the total registered electors of the state. Any group of

26  citizens organized for the general purposes of electing to

27  office qualified persons and determining public issues under

28  the democratic processes of the United States may become a

29  minor political party of this state by filing with the

30  department a certificate showing the name of the organization,

31  the names of its current officers, including the members of


                                  42

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  its executive committee, and a copy of its constitution or

  2  bylaws. It shall be the duty of the minor political party to

  3  notify the department of any changes in the filing certificate

  4  within 5 days of such changes.

  5         (15)(14)  "Newspaper of general circulation" means a

  6  newspaper printed in the language most commonly spoken in the

  7  area within which it circulates and which is readily available

  8  for purchase by all inhabitants in the area of circulation,

  9  but does not include a newspaper intended primarily for

10  members of a particular professional or occupational group, a

11  newspaper the primary function of which is to carry legal

12  notices, or a newspaper that is given away primarily to

13  distribute advertising.

14         (16)(15)  "Nominal value" means having a retail value

15  of $10 or less.

16         (17)(16)  "Nonpartisan office" means an office for

17  which a candidate is prohibited from campaigning or qualifying

18  for election or retention in office based on party

19  affiliation.

20         (18)(17)  "Office that serves persons with

21  disabilities" means any state office that takes applications

22  either in person or over the telephone from persons with

23  disabilities for any program, service, or benefit primarily

24  related to their disabilities.

25         (19)  "Overseas voter" means:

26         (a)  Members of the uniformed services while in the

27  active service who are permanent residents of the state and

28  are temporarily residing outside the territorial limits of the

29  United States and the District of Columbia;

30         (b)  Members of the Merchant Marine of the United

31  States who are permanent residents of the state and are


                                  43

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  temporarily residing outside the territorial limits of the

  2  United States and the District of Columbia; and

  3         (c)  Other citizens of the United States who are

  4  permanent residents of the state and are temporarily residing

  5  outside the territorial limits of the United States and the

  6  District of Columbia,

  7  

  8  who are qualified and registered to vote as provided by law.

  9         (20)  "Overvote" means that the elector marks or

10  designates more names than there are persons to be elected to

11  an office or designates more than one answer to a ballot

12  question, and the tabulator records no vote for the office or

13  question.

14         (21)(18)  "Persons with disabilities" means individuals

15  who have a physical or mental impairment that substantially

16  limits one or more major life activities.

17         (22)(19)  "Polling place" is the building which

18  contains the polling room where ballots are cast.

19         (23)(20)  "Polling room" means the actual room in which

20  ballots are cast.

21         (24)(21)  "Primary election" means an election held

22  preceding the general election for the purpose of nominating a

23  party nominee to be voted for in the general election to fill

24  a national, state, county, or district office. The first

25  primary is a nomination or elimination election; the second

26  primary is a nominating election only.

27         (25)  "Provisional ballot" means a ballot issued to a

28  voter by the election board at the polling place on election

29  day for one of the following reasons:

30  

31  


                                  44

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (a)  The voter's name does not appear on the precinct

  2  register and verification of the voter's eligibility cannot be

  3  determined; or

  4         (b)  There is an indication on the precinct register

  5  that the voter has requested an absentee ballot and there is

  6  no indication whether the voter has returned the absentee

  7  ballot.

  8         (26)(22)  "Public assistance" means assistance provided

  9  through the food stamp program; the Medicaid program; the

10  Special Supplemental Food Program for Women, Infants, and

11  Children; and the WAGES Program.

12         (27)(23)  "Public office" means any federal, state,

13  county, municipal, school, or other district office or

14  position which is filled by vote of the electors.

15         (28)(24)  "Qualifying educational institution" means

16  any public or private educational institution receiving state

17  financial assistance which has, as its primary mission, the

18  provision of education or training to students who are at

19  least 18 years of age, provided such institution has more than

20  200 students enrolled in classes with the institution and

21  provided that the recognized student government organization

22  has requested this designation in writing and has filed the

23  request with the office of the supervisor of elections in the

24  county in which the institution is located.

25         (29)(25)  "Special election" is a special election

26  called for the purpose of voting on a party nominee to fill a

27  vacancy in the national, state, county, or district office.

28         (30)(26)  "Special primary election" is a special

29  nomination election designated by the Governor, called for the

30  purpose of nominating a party nominee to be voted on in a

31  general or special election.


                                  45

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (31)(27)  "Supervisor" means the supervisor of

  2  elections.

  3         (32)  "Undervote" means that the elector does not

  4  properly designate any choice for an office or ballot

  5  question, and the tabulator records no vote for the office or

  6  question.

  7         (33)  "Uniformed services" means the Army, Navy, Air

  8  Force, Marine Corps, and Coast Guard, the commissioned corps

  9  of the Public Health Service, and the commissioned corps of

10  the National Oceanic and Atmospheric Administration.

11         (34)(28)  "Voter registration agency" means any office

12  that provides public assistance, any office that serves

13  persons with disabilities, any center for independent living,

14  or any public library.

15         (35)(29)  "Voting booth" or "booth" means that booth or

16  enclosure wherein an elector casts his or her ballot, be it a

17  paper ballot, a voting machine ballot, or a ballot cast for

18  tabulation by an electronic or electromechanical device.

19         (36)(30)  "Voting system" means a method of casting and

20  processing votes that functions wholly or partly by use of

21  mechanical, electromechanical, or electronic apparatus or by

22  use of paper ballots and includes, but is not limited to, the

23  procedures for casting and processing votes and the programs,

24  operating manuals, tabulating cards, printouts, and other

25  software necessary for the system's operation.

26         Section 35.  Section 101.048, Florida Statutes, is

27  created to read:

28         101.048  Provisional ballots.--

29         (1)  At all elections, a voter claiming to be properly

30  registered in the county and eligible to vote at the precinct

31  in the election, but whose eligibility cannot be determined,


                                  46

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  shall be entitled to vote a provisional ballot. Once voted,

  2  the provisional ballot shall be placed in a secrecy envelope

  3  and thereafter sealed in a provisional ballot envelope. The

  4  provisional ballot shall be deposited in a ballot box. All

  5  provisional ballots shall remain sealed in their envelopes for

  6  return to the supervisor of elections.

  7         (2)(a)  The county canvassing board shall examine each

  8  provisional ballot to determine if the person voting that

  9  ballot was entitled to vote at the precinct in the election

10  and that the person had not already cast a ballot in the

11  election.

12         (b)1.  If it is determined that the person was

13  registered and entitled to vote at the precinct in the

14  election, the canvassing board shall compare the signature on

15  the provisional ballot envelope with the signature on the

16  voter's registration and, if it matches, shall count the

17  ballot.

18         2.  If it is determined that the person voting the

19  provisional ballot was not registered or entitled to vote at

20  the precinct in the election, the provisional ballot shall not

21  be counted and the ballot shall remain in the envelope

22  containing the Provisional Ballot Voter's Certificate and the

23  envelope marked "Rejected as Illegal."

24         (3)  The Provisional Ballot Voter's Certificate shall

25  be in substantially the following form:

26  

27  STATE OF FLORIDA

28  COUNTY OF ....

29  

30         I do solemnly swear (or affirm) that my name is ....;

31  that my date of birth is ....; that I am registered to vote


                                  47

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  and at the time I registered I resided at ...., in the

  2  municipality of ...., in .... County, Florida; that I am a

  3  qualified voter of the county and have not voted in this

  4  election.

  5                                      ...(Signature of Voter)...

  6                                         ...(Current Address)...

  7  

  8  Sworn to and subscribed before me this .... day of ........,

  9  ...(year)....

10  ...(Clerk or Inspector of Election)...

11  

12  Additional information may be provided to further assist the

13  supervisor of elections in determining eligibility. If known,

14  please provide the place and date that you registered to vote.

15  

16         (4)  In counties where the voting system does not

17  utilize a paper ballot, the supervisor of elections shall

18  provide the appropriate provisional ballots to each polling

19  place.

20         Section 36.  Subsections (2) and (3) of section

21  101.045, Florida Statutes, are amended to read:

22         101.045  Electors must be registered in precinct;

23  provisions for residence or name change.--

24         (2)(a)  An elector who moves from the precinct within

25  the county in which the elector is registered may be permitted

26  to vote in the precinct to which he or she has moved his or

27  her legal residence, provided such elector completes an

28  affirmation in substantially the following form:

29  

30             Change of Legal Residence of Registered

31                              Voter


                                  48

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  

  2  Under penalties for false swearing, I, ...(Name of voter)...,

  3  swear (or affirm) that the former address of my legal

  4  residence was ...(Address of legal residence)... in the

  5  municipality of ...., in .... County, Florida, and I was

  6  registered to vote in the .... precinct of .... County,

  7  Florida; that I have not voted in the precinct of my former

  8  registration in this election; that I now reside at

  9  ...(Address of legal residence)... in the Municipality of

10  ...., in .... County, Florida, and am therefore eligible to

11  vote in the .... precinct of .... County, Florida; and I

12  further swear (or affirm) that I am otherwise legally

13  registered and entitled to vote.

14  

15     ...(Signature of voter whose address of legal residence has

16  changed)...

17  

18         (b)  An elector whose name changes because of marriage

19  or other legal process may be permitted to vote, provided such

20  elector completes an affirmation in substantially the

21  following form:

22  

23                   Change of Name of Registered

24                              Voter

25  

26  Under penalties for false swearing, I, ...(New name of

27  voter)..., swear (or affirm) that my name has been changed

28  because of marriage or other legal process. My former name and

29  address of legal residence appear on the registration books of

30  precinct .... as follows:

31  Name..........................................................


                                  49

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  Address.......................................................

  2  Municipality..................................................

  3  County........................................................

  4  Florida, Zip..................................................

  5  My present name and address of legal residence are as follows:

  6  Name..........................................................

  7  Address.......................................................

  8  Municipality..................................................

  9  County........................................................

10  Florida, Zip..................................................

11  and I further swear (or affirm) that I am otherwise legally

12  registered and entitled to vote.

13  

14               ...(Signature of voter whose name has changed)...

15  

16         (c)  Such affirmation, when completed and presented at

17  the precinct in which such elector is entitled to vote, and

18  upon verification of the elector's registration, shall entitle

19  such elector to vote as provided in this subsection. If the

20  elector's eligibility to vote cannot be determined, he or she

21  shall be entitled to vote a provisional ballot, subject to the

22  requirements and procedures in s. 101.048. Upon receipt of an

23  affirmation certifying a change in address of legal residence

24  or name, the supervisor shall as soon as practicable make the

25  necessary changes in the registration records of the county to

26  indicate the change in address of legal residence or name of

27  such elector.

28         (d)  Instead of the affirmation contained in paragraph

29  (a) or paragraph (b), an elector may complete a voter

30  registration application that indicates the change of name or

31  change of address of legal residence.


                                  50

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (e)  A request for an absentee ballot pursuant to s.

  2  101.62 which indicates that the elector has had a change of

  3  address of legal residence from that in the supervisor's

  4  records shall be sufficient as the notice to the supervisor of

  5  change of address of legal residence required by this section.

  6  Upon receipt of such request for an absentee ballot from an

  7  elector who has changed his or her address of legal residence,

  8  the supervisor shall provide the elector with the proper

  9  ballot for the precinct in which the elector then has his or

10  her legal residence.

11         (3)  When an elector's name does not appear on the

12  registration books of the election precinct in which the

13  elector is registered and when the elector cannot present a

14  valid registration identification card, the elector may have

15  his or her name restored if the supervisor is otherwise

16  satisfied that the elector is validly registered, that the

17  elector's name has been erroneously omitted from the books,

18  and that the elector is entitled to have his or her name

19  restored. The supervisor, if he or she is satisfied as to the

20  elector's previous registration, shall allow such person to

21  vote and shall thereafter issue a duplicate registration

22  identification card.

23         Section 37.  Subsections (1), (2), (5), (6), and (8) of

24  section 101.5614, Florida Statutes, are amended, and

25  subsection (9) is added to said section to read:

26         101.5614  Canvass of returns.--

27         (1)(a)  In precincts in which an electronic or

28  electromechanical voting system is used, as soon as the polls

29  are closed, the election board shall secure the voting devices

30  against further voting. The election board shall thereafter

31  open the ballot box in the presence of members of the public


                                  51

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  desiring to witness the proceedings and count the number of

  2  voted ballots, unused ballots, provisional ballots, and

  3  spoiled ballots to ascertain whether such number corresponds

  4  with the number of ballots issued by the supervisor. If there

  5  is a difference, this fact shall be reported in writing to the

  6  county canvassing board with the reasons therefor if known.

  7  The total number of voted ballots shall be entered on the

  8  forms provided. The proceedings of the election board at the

  9  precinct after the polls have closed shall be open to the

10  public; however, no person except a member of the election

11  board shall touch any ballot or ballot container or interfere

12  with or obstruct the orderly count of the ballots.

13         (b)  In lieu of opening the ballot box at the precinct,

14  the supervisor may direct the election board to keep the

15  ballot box sealed and deliver it to a central or regional

16  counting location. In this case, the election board shall

17  count the stubs removed from the ballots to determine the

18  number of voted ballots.

19         (2)(a)  If the ballots are to be tallied at a central

20  location or at no more than three regional locations, the

21  election board shall place all ballots that have been cast and

22  the unused, void, provisional, and defective ballots in the

23  container or containers provided for this purpose, which shall

24  be sealed and delivered forthwith to the central or regional

25  counting location or other designated location by two

26  inspectors who shall not, whenever possible, be of the same

27  political party.  The election board shall certify that the

28  ballots were placed in such container or containers and each

29  container was sealed in its presence and under its

30  supervision, and it shall further certify to the number of

31  ballots of each type placed in the container or containers.


                                  52

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (b)  If ballots are to be counted at the precincts,

  2  such ballots shall be counted pursuant to rules adopted by the

  3  Department of State, which rules shall provide safeguards

  4  which conform as nearly as practicable to the safeguards

  5  provided in the procedures for the counting of votes at a

  6  central location.

  7         (5)  If any ballot card of the type for which the

  8  offices and measures are not printed directly on the card is

  9  damaged or defective so that it cannot properly be counted by

10  the automatic tabulating equipment, a true duplicate copy

11  shall be made of the damaged ballot card in the presence of

12  witnesses and substituted for the damaged ballot. Likewise, a

13  duplicate ballot card shall be made of a defective ballot

14  which shall not include the invalid votes.  All duplicate

15  ballot cards shall be clearly labeled "duplicate," bear a

16  serial number which shall be recorded on the damaged or

17  defective ballot card, and be counted in lieu of the damaged

18  or defective ballot.  If any ballot card of the type for which

19  offices and measures are printed directly on the card is

20  damaged or defective so that it cannot properly be counted by

21  the automatic tabulating equipment, a true duplicate copy may

22  be made of the damaged ballot card in the presence of

23  witnesses and in the manner set forth above, or the valid

24  votes on the damaged ballot card may be manually counted at

25  the counting center by the canvassing board, whichever

26  procedure is best suited to the system used.  If any paper

27  ballot is damaged or defective so that it cannot be counted

28  properly by the automatic tabulating equipment, the ballot

29  shall be counted manually at the counting center by the

30  canvassing board.  The totals for all such ballots or ballot

31  cards counted manually shall be added to the totals for the


                                  53

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  several precincts or election districts.  No vote shall be

  2  declared invalid or void if there is a clear indication on the

  3  ballot that the voter has made a definite choice of the intent

  4  of the voter as determined by the canvassing board.  After

  5  duplicating a ballot, the defective ballot shall be placed in

  6  an envelope provided for that purpose, and the duplicate

  7  ballot shall be tallied with the other ballots for that

  8  precinct.

  9         (6)  If there is no clear indication on the ballot that

10  the voter has made a definite choice for an office or ballot

11  measure If an elector marks more names than there are persons

12  to be elected to an office or if it is impossible to determine

13  the elector's choice, the elector's ballot shall not be

14  counted for that office or measure, but the ballot shall not

15  be invalidated as to those names or measures which are

16  properly marked.

17         (8)  The return printed by the automatic tabulating

18  equipment, to which has been added the return of write-in,

19  absentee, and manually counted votes and votes from

20  provisional ballots, shall constitute the official return of

21  the election upon certification by the canvassing board.  Upon

22  completion of the count, the returns shall be open to the

23  public.  A copy of the returns may be posted at the central

24  counting place or at the office of the supervisor of elections

25  in lieu of the posting of returns at individual precincts.

26         (9)  Any supervisor of elections, deputy supervisor of

27  elections, canvassing board member, election board member, or

28  election employee who releases the results of any election

29  prior to the closing of the polls on election day commits a

30  felony of the third degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084.


                                  54

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         Section 38.  Section 101.69, Florida Statutes, is

  2  amended to read:

  3         101.69  Voting in person; return of absentee

  4  ballot.--The provisions of this code shall not be construed to

  5  prohibit any elector from voting in person at the elector's

  6  precinct on the day of an election notwithstanding that the

  7  elector has requested an absentee ballot for that election.

  8  An elector who has received an absentee ballot, but desires to

  9  vote in person, shall return the ballot, whether voted or not,

10  to the election board in the elector's precinct.  The returned

11  ballot shall be marked "canceled" by the board and placed with

12  other canceled ballots.  However, if the elector is unable to

13  return the ballot, the elector may vote a provisional ballot

14  as provided in s. 101.048 execute an affidavit stating that

15  the absentee ballot has not been voted and the elector may

16  then vote at the precinct.

17         Section 39.  Section 102.111, Florida Statutes, is

18  amended to read:

19         102.111  Elections Canvassing Commission.--

20         (1)  Immediately after certification of any election by

21  the county canvassing board, the results shall be forwarded to

22  the Department of State concerning the election of any federal

23  or state officer.  The Governor, the Secretary of State, and

24  the Director of the Division of Elections shall be the

25  Elections Canvassing Commission. The Elections Canvassing

26  Commission shall consist of the Governor and two members of

27  the Cabinet selected by the Governor. If a member of the

28  Elections Canvassing Commission is unable to serve for any

29  reason, the Governor shall appoint a remaining member of the

30  Cabinet. If there is a further vacancy, the remaining members

31  of the commission shall agree on another elected official to


                                  55

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  fill the vacancy. The Elections Canvassing Commission shall,

  2  as soon as the official results are compiled from all

  3  counties, certify the returns of the election and determine

  4  and declare who has been elected for each federal, state, and

  5  multi-county office. In the event that any member of the

  6  Elections Canvassing Commission is unavailable to certify the

  7  returns of any election, such member shall be replaced by a

  8  substitute member of the Cabinet as determined by the Director

  9  of the Division of Elections.  If the county returns are not

10  received by the Department of State by 5 p.m. of the seventh

11  day following an election, all missing counties shall be

12  ignored, and the results shown by the returns on file shall be

13  certified.

14         (2)  The Division of Elections shall provide the staff

15  services required by the Elections Canvassing Commission.

16         Section 40.  Section 102.112, Florida Statutes, is

17  amended to read:

18         102.112  Deadline for submission of county returns to

19  the Department of State; penalties.--

20         (1)  The county canvassing board or a majority thereof

21  shall file the county returns for the election of a federal or

22  state officer with the Department of State immediately after

23  certification of the election results.

24         (2)  Returns must be filed by 5 p.m. on the 7th day

25  following a the first primary election and by 5 p.m. on the

26  11th day following the and general election and by 3 p.m. on

27  the 3rd day following the second primary.

28         (3)  If the returns are not received by the department

29  by the time specified, such returns shall may be ignored and

30  the results on file at that time shall may be certified by the

31  department.


                                  56

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (4)  If the returns are not received by the department

  2  due to an emergency, as defined in s. 101.732, the Elections

  3  Canvassing Commission shall determine the deadline by which

  4  the returns must be received.

  5         (2)  The department shall fine each board member $200

  6  for each day such returns are late, the fine to be paid only

  7  from the board member's personal funds. Such fines shall be

  8  deposited into the Election Campaign Financing Trust Fund,

  9  created by s. 106.32.

10         (3)  Members of the county canvassing board may appeal

11  such fines to the Florida Elections Commission, which shall

12  adopt rules for such appeals.

13         Section 41.  Present subsections (5) and (6) of section

14  102.141, Florida Statutes, are redesignated as subsections (7)

15  and (8), respectively, present subsection (4) is amended and

16  redesignated as subsection (6), subsections (2) and (3) are

17  amended, and new subsections (4) and (5) are added to that

18  section to read:

19         102.141  County canvassing board; duties.--

20         (2)  The county canvassing board shall meet in a

21  building accessible to the public in the county where the

22  election occurred at a time and place to be designated by the

23  supervisor of elections to publicly canvass the absentee

24  electors' ballots as provided for in s. 101.68 and provisional

25  ballots as provided by s. 101.048.  Public notice of the time

26  and place at which the county canvassing board shall meet to

27  canvass the absentee electors' ballots and provisional ballots

28  shall be given at least 48 hours prior thereto by publication

29  once in one or more newspapers of general circulation in the

30  county or, if there is no newspaper of general circulation in

31  the county, by posting such notice in at least four


                                  57

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  conspicuous places in the county.  As soon as the absentee

  2  electors' ballots and the provisional ballots are canvassed,

  3  the board shall proceed to publicly canvass the vote given

  4  each candidate, nominee, constitutional amendment, or other

  5  measure submitted to the electorate of the county, as shown by

  6  the returns then on file in the office of the supervisor of

  7  elections and the office of the county court judge.

  8         (3)  The canvass, except the canvass of absentee

  9  electors' returns and the canvass of provisional ballots,

10  shall be made from the returns and certificates of the

11  inspectors as signed and filed by them with the county court

12  judge and supervisor, respectively, and the county canvassing

13  board shall not change the number of votes cast for a

14  candidate, nominee, constitutional amendment, or other measure

15  submitted to the electorate of the county, respectively, in

16  any polling place, as shown by the returns.  All returns shall

17  be made to the board on or before 2 a.m. noon of the day

18  following any primary, general, special, or other election.

19  If the returns from any precinct are missing, if there are any

20  omissions on the returns from any precinct, or if there is an

21  obvious error on any such returns, the canvassing board shall

22  order a recount of the returns from such precinct.  Before

23  canvassing such returns, the canvassing board shall examine

24  the counters on the machines or the tabulation of the ballots

25  cast in such precinct and determine whether the returns

26  correctly reflect the votes cast.  If there is a discrepancy

27  between the returns and the counters of the machines or the

28  tabulation of the ballots cast, the counters of such machines

29  or the tabulation of the ballots cast shall be presumed

30  correct and such votes shall be canvassed accordingly.

31  


                                  58

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (4)  The canvassing board shall submit unofficial

  2  returns to the Department of State for each federal,

  3  statewide, state, or multi-county office or ballot measure no

  4  later than noon on the day after any primary, general,

  5  special, or other election.

  6         (5)  If the county canvassing board determines that the

  7  unofficial returns may contain a counting error in which the

  8  vote tabulation system failed to count votes that were

  9  properly marked in accordance with the instructions on the

10  ballot, the county canvassing board shall:

11         (a)  Correct the error and recount the affected ballots

12  with the vote tabulation system; or

13         (b)  Request that the Department of State verify the

14  tabulation software.  When the Department of State verifies

15  such software, the department shall compare the software used

16  to tabulate the votes with the software filed with the

17  department pursuant to s. 101.5607 and check the election

18  parameters.

19         (6)(4)  If the unofficial returns for any office

20  reflect that a candidate for any office was defeated or

21  eliminated by one-half of a percent or less of the votes cast

22  for such office, that a candidate for retention to a judicial

23  office was retained or not retained by one-half of a percent

24  or less of the votes cast on the question of retention, or

25  that a measure appearing on the ballot was approved or

26  rejected by one-half of a percent or less of the votes cast on

27  such measure, the board responsible for certifying the results

28  of the vote on such race or measure shall order a recount of

29  the votes cast with respect to such office or measure. A

30  recount need not be ordered with respect to the returns for

31  any office, however, if the candidate or candidates defeated


                                  59

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  or eliminated from contention for such office by one-half of a

  2  percent or less of the votes cast for such office request in

  3  writing that a recount not be made.

  4         (a)  In counties with voting systems that use ballot

  5  cards or paper ballots, each canvassing board responsible for

  6  conducting a recount shall put each ballot through the

  7  automatic tabulating equipment for each precinct in which the

  8  office or issue appeared on the ballot and determine whether

  9  the returns correctly reflect the votes cast.  Immediately

10  before the start of the recount and after completion of the

11  count, a test of the tabulating equipment shall be conducted

12  as provided in s. 101.5612.  If the test indicates no error,

13  the recount tabulation of the ballots cast shall be presumed

14  correct and such votes shall be canvassed accordingly.  If an

15  error is detected, the cause therefor shall be ascertained and

16  corrected and the recount repeated, as necessary. The

17  canvassing board shall immediately report the error, along

18  with the cause of the error and the corrective measures being

19  taken, to the Department of State. No later than 11 days after

20  the election, the canvassing board shall file a separate

21  incident report with the Department of State, detailing the

22  resolution of the matter and identifying any measures that

23  will avoid a future recurrence of the error.

24         (b)  In counties with voting systems that do not use

25  ballot cards or paper ballots, each canvassing board

26  responsible for conducting a recount shall examine the

27  counters on the precinct tabulators to ensure that the total

28  of the returns on the precinct tabulators equals the overall

29  election return machines or the tabulation of the ballots cast

30  in each precinct in which the office or issue appeared on the

31  ballot and determine whether the returns correctly reflect the


                                  60

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  votes cast. If there is a discrepancy between the overall

  2  election return returns and the counters of the precinct

  3  tabulators machines or the tabulation of the ballots cast, the

  4  counters of the precinct tabulators of such machines or the

  5  tabulation of the ballots cast shall be presumed correct and

  6  such votes shall be canvassed accordingly.

  7         (c)  The canvassing board shall submit a second set of

  8  unofficial returns to the Department of State for each

  9  federal, statewide, state, or multi-county office or ballot

10  measure no later than noon on the second day after any

11  election in which a recount was conducted pursuant to this

12  subsection.  If the canvassing board is unable to complete the

13  recount prescribed in this subsection by the deadline, the

14  second set of unofficial returns submitted by the canvassing

15  board shall be identical to the initial unofficial returns and

16  the submission shall also include a detailed explanation of

17  why it was unable to timely complete the recount.  However,

18  the canvassing board shall complete the recount prescribed in

19  this subsection, along with any manual recount prescribed in

20  s. 102.166, and certify election returns in accordance with

21  the requirements of this chapter.

22         Section 42.  Section 102.166, Florida Statutes, is

23  amended to read:

24         102.166  Manual recounts Protest of election returns;

25  procedure.--

26         (1)  If the second set of unofficial returns pursuant

27  to s. 102.141 indicates that a candidate for any office was

28  defeated or eliminated by one-quarter of a percent or less of

29  the votes cast for such office, that a candidate for retention

30  to a judicial office was retained or not retained by

31  one-quarter of a percent or less of the votes cast on the


                                  61

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  question of retention, or that a measure appearing on the

  2  ballot was approved or rejected by one-quarter of a percent or

  3  less of the votes cast on such measure, the board responsible

  4  for certifying the results of the vote on such race or measure

  5  shall order a manual recount of the overvotes and undervotes

  6  cast in the entire geographic jurisdiction of such office or

  7  ballot measure.

  8         (2)(a)  If the second set of unofficial returns

  9  pursuant to s. 102.141 indicates that a candidate for any

10  office was defeated or eliminated by between one-quarter and

11  one-half of a percent of the votes cast for such office, that

12  a candidate for retention to judicial office was retained or

13  not retained by between one-quarter and one-half of a percent

14  of the votes cast on the question of retention, or that a

15  measure appearing on the ballot was approved or rejected by

16  between one-quarter and one-half of a percent of the votes

17  cast on such measure, any such candidate, the political party

18  of such candidate, or any political committee that supports or

19  opposes such ballot measure is entitled to a manual recount of

20  the overvotes and undervotes cast in the entire geographic

21  jurisdiction of such office or ballot measure, provided that a

22  request for a manual recount is made by 5 p.m. on the second

23  day after the election.

24         (b)  For federal, statewide, state, and multi-county

25  races and ballot issues, requests for a manual recount shall

26  be made in writing to the state Elections Canvassing

27  Commission.  For all other races and ballot issues, requests

28  for a manual recount shall be made in writing to the county

29  canvassing board.

30         (c)  Upon receipt of a proper and timely request, the

31  Elections Canvassing Commission or county canvassing board


                                  62

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  shall immediately order a manual recount of overvotes and

  2  undervotes in all affected jurisdictions.

  3         (3)(a)  Any hardware or software used to identify and

  4  sort overvotes and undervotes for a given race or ballot

  5  measure must be certified by the Department of State as part

  6  of the voting system pursuant to s. 101.015. Any such hardware

  7  or software must be capable of simultaneously counting votes.

  8  For certified voting systems, the department shall certify

  9  such hardware or software by July 1, 2002.  If the department

10  is unable to certify such hardware or software for a certified

11  voting system by July 1, 2002, the department shall adopt

12  rules prescribing procedures for identifying and sorting such

13  overvotes and undervotes. The department's rules may provide

14  for the temporary use of hardware or software whose sole

15  function is identifying and sorting overvotes and undervotes.

16         (b)  This subsection does not preclude the department

17  from certifying hardware or software after July 1, 2002.

18         (c)  Overvotes and undervotes shall be identified and

19  sorted while recounting ballots pursuant to s. 102.141, if the

20  hardware or software for this purpose has been certified or

21  the department's rules so provide.

22         (1)  Any candidate for nomination or election, or any

23  elector qualified to vote in the election related to such

24  candidacy, shall have the right to protest the returns of the

25  election as being erroneous by filing with the appropriate

26  canvassing board a sworn, written protest.

27         (2)  Such protest shall be filed with the canvassing

28  board prior to the time the canvassing board certifies the

29  results for the office being protested or within 5 days after

30  midnight of the date the election is held, whichever occurs

31  later.


                                  63

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (3)  Before canvassing the returns of the election, the

  2  canvassing board shall:

  3         (a)  When paper ballots are used, examine the

  4  tabulation of the paper ballots cast.

  5         (b)  When voting machines are used, examine the

  6  counters on the machines of nonprinter machines or the

  7  printer-pac on printer machines. If there is a discrepancy

  8  between the returns and the counters of the machines or the

  9  printer-pac, the counters of such machines or the printer-pac

10  shall be presumed correct.

11         (c)  When electronic or electromechanical equipment is

12  used, the canvassing board shall examine precinct records and

13  election returns. If there is a clerical error, such error

14  shall be corrected by the county canvassing board. If there is

15  a discrepancy which could affect the outcome of an election,

16  the canvassing board may recount the ballots on the automatic

17  tabulating equipment.

18         (4)(a)  Any candidate whose name appeared on the

19  ballot, any political committee that supports or opposes an

20  issue which appeared on the ballot, or any political party

21  whose candidates' names appeared on the ballot may file a

22  written request with the county canvassing board for a manual

23  recount. The written request shall contain a statement of the

24  reason the manual recount is being requested.

25         (b)  Such request must be filed with the canvassing

26  board prior to the time the canvassing board certifies the

27  results for the office being protested or within 72 hours

28  after midnight of the date the election was held, whichever

29  occurs later.

30         (c)  The county canvassing board may authorize a manual

31  recount. If a manual recount is authorized, the county


                                  64

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  canvassing board shall make a reasonable effort to notify each

  2  candidate whose race is being recounted of the time and place

  3  of such recount.

  4         (d)  The manual recount must include at least three

  5  precincts and at least 1 percent of the total votes cast for

  6  such candidate or issue. In the event there are less than

  7  three precincts involved in the election, all precincts shall

  8  be counted. The person who requested the recount shall choose

  9  three precincts to be recounted, and, if other precincts are

10  recounted, the county canvassing board shall select the

11  additional precincts.

12         (5)  If the manual recount indicates an error in the

13  vote tabulation which could affect the outcome of the

14  election, the county canvassing board shall:

15         (a)  Correct the error and recount the remaining

16  precincts with the vote tabulation system;

17         (b)  Request the Department of State to verify the

18  tabulation software; or

19         (c)  Manually recount all ballots.

20         (4)(6)  Any manual recount shall be open to the public.

21         (5)(a)  A vote for a candidate or ballot measure shall

22  be counted if there is a clear indication on the ballot that

23  the voter has made a definite choice.

24         (b)  The Department of State shall adopt specific rules

25  for each certified voting system prescribing what constitutes

26  a "clear indication on the ballot that the voter has made a

27  definite choice."  The rules may not:

28         1.  Exclusively provide that the voter must properly

29  mark or designate his or her choice on the ballot; or

30         2.  Contain a catch-all provision that fails to

31  identify specific standards, such as "any other mark or


                                  65

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  indication clearly indicating that the voter has made a

  2  definite choice."

  3         (6)(7)  Procedures for a manual recount are as follows:

  4         (a)  The county canvassing board shall appoint as many

  5  counting teams of at least two electors as is necessary to

  6  manually recount the ballots. A counting team must have, when

  7  possible, members of at least two political parties. A

  8  candidate involved in the race shall not be a member of the

  9  counting team.

10         (b)  If a counting team is unable to determine whether

11  the ballot contains a clear indication that the voter has made

12  a definite choice a voter's intent in casting a ballot, the

13  ballot shall be presented to the county canvassing board for a

14  determination it to determine the voter's intent.

15         (c)  The Department of State shall adopt detailed rules

16  prescribing additional recount procedures for each certified

17  voting system which shall be uniform to the extent

18  practicable. The rules shall address, at a minimum, the

19  following areas:

20         1.  Security of ballots during the recount process;

21         2.  Time and place of recounts;

22         3.  Public observance of recounts;

23         4.  Objections to ballot determinations;

24         5.  Record of recount proceedings; and

25         6.  Procedures relating to candidate and petitioner

26  representatives.

27         (8)  If the county canvassing board determines the need

28  to verify the tabulation software, the county canvassing board

29  shall request in writing that the Department of State verify

30  the software.

31  


                                  66

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (9)  When the Department of State verifies such

  2  software, the department shall:

  3         (a)  Compare the software used to tabulate the votes

  4  with the software filed with the Department of State pursuant

  5  to s. 101.5607; and

  6         (b)  Check the election parameters.

  7         (10)  The Department of State shall respond to the

  8  county canvassing board within 3 working days.

  9         Section 43.  Section 102.167, Florida Statutes, is

10  repealed.

11         Section 44.  Section 102.168, Florida Statutes, is

12  amended to read:

13         102.168  Contest of election.--

14         (1)  Except as provided in s. 102.171, the

15  certification of election or nomination of any person to

16  office, or of the result on any question submitted by

17  referendum, may be contested in the circuit court by any

18  unsuccessful candidate for such office or nomination thereto

19  or by any elector qualified to vote in the election related to

20  such candidacy, or by any taxpayer, respectively.

21         (2)  Such contestant shall file a complaint, together

22  with the fees prescribed in chapter 28, with the clerk of the

23  circuit court within 10 days after midnight of the date the

24  last county canvassing board empowered to canvass the returns

25  certifies the results of the election being contested or

26  within 5 days after midnight of the date the last county

27  canvassing board empowered to canvass the returns certifies

28  the results of that particular election following a protest

29  pursuant to s. 102.166(1), whichever occurs later.

30         (3)  The complaint shall set forth the grounds on which

31  the contestant intends to establish his or her right to such


                                  67

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  office or set aside the result of the election on a submitted

  2  referendum. The grounds for contesting an election under this

  3  section are:

  4         (a)  Misconduct, fraud, or corruption on the part of

  5  any election official or any member of the canvassing board

  6  sufficient to change or place in doubt the result of the

  7  election.

  8         (b)  Ineligibility of the successful candidate for the

  9  nomination or office in dispute.

10         (c)  Receipt of a number of illegal votes or rejection

11  of a number of legal votes sufficient to change or place in

12  doubt the result of the election.

13         (d)  Proof that any elector, election official, or

14  canvassing board member was given or offered a bribe or reward

15  in money, property, or any other thing of value for the

16  purpose of procuring the successful candidate's nomination or

17  election or determining the result on any question submitted

18  by referendum.

19         (e)  Any other cause or allegation which, if sustained,

20  would show that a person other than the successful candidate

21  was the person duly nominated or elected to the office in

22  question or that the outcome of the election on a question

23  submitted by referendum was contrary to the result declared by

24  the canvassing board or election board.

25         (4)  The canvassing board or Elections Canvassing

26  Commission election board shall be the proper party defendant,

27  and the successful candidate shall be an indispensable party

28  to any action brought to contest the election or nomination of

29  a candidate.

30         (5)  A statement of the grounds of contest may not be

31  rejected, nor the proceedings dismissed, by the court for any


                                  68

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  want of form if the grounds of contest provided in the

  2  statement are sufficient to clearly inform the defendant of

  3  the particular proceeding or cause for which the nomination or

  4  election is contested.

  5         (6)  A copy of the complaint shall be served upon the

  6  defendant and any other person named therein in the same

  7  manner as in other civil cases under the laws of this state.

  8  Within 10 days after the complaint has been served, the

  9  defendant must file an answer admitting or denying the

10  allegations on which the contestant relies or stating that the

11  defendant has no knowledge or information concerning the

12  allegations, which shall be deemed a denial of the

13  allegations, and must state any other defenses, in law or

14  fact, on which the defendant relies. If an answer is not filed

15  within the time prescribed, the defendant may not be granted a

16  hearing in court to assert any claim or objection that is

17  required by this subsection to be stated in an answer.

18         (7)  Any candidate, qualified elector, or taxpayer

19  presenting such a contest to a circuit judge is entitled to an

20  immediate hearing. However, the court in its discretion may

21  limit the time to be consumed in taking testimony, with a view

22  therein to the circumstances of the matter and to the

23  proximity of any succeeding primary or other election.

24         (8)  The circuit judge to whom the contest is presented

25  may fashion such orders as he or she deems necessary to ensure

26  that each allegation in the complaint is investigated,

27  examined, or checked, to prevent or correct any alleged wrong,

28  and to provide any relief appropriate under such

29  circumstances.

30         Section 45.  Subsections (1) and (2) of section 99.063,

31  Florida Statutes, are amended to read:


                                  69

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         99.063  Candidates for Governor and Lieutenant

  2  Governor.--

  3         (1)  No later than 5 p.m. of the 9th 6th day following

  4  the second primary election, each candidate for Governor shall

  5  designate a Lieutenant Governor as a running mate.  Such

  6  designation must be made in writing to the Department of

  7  State.

  8         (2)  No later than 5 p.m. of the 9th 6th day following

  9  the second primary election, each designated candidate for

10  Lieutenant Governor shall file with the Department of State:

11         (a)  The candidate's oath required by s. 99.021, which

12  must contain the name of the candidate as it is to appear on

13  the ballot; the office sought; and the signature of the

14  candidate, duly acknowledged.

15         (b)  The loyalty oath required by s. 876.05, signed by

16  the candidate and duly acknowledged.

17         (c)  If the office sought is partisan, the written

18  statement of political party affiliation required by s.

19  99.021(1)(b).

20         (d)  The full and public disclosure of financial

21  interests pursuant to s. 8, Art. II of the State Constitution.

22         Section 46.  (1)  Notwithstanding s. 100.061, Florida

23  Statutes, for the year 2002, a primary election for nomination

24  of candidates of political parties shall be held on the second

25  Tuesday in September.  The candidate receiving the highest

26  number of the votes cast in each contest in the primary

27  election shall be declared nominated for such office.  If two

28  or more persons receive an equal and highest number of votes

29  for the same office, such persons shall draw lots to determine

30  who shall receive the nomination.

31  


                                  70

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (2)  Notwithstanding s. 100.091, Florida Statutes, or

  2  any other provision of the Florida Election Code to the

  3  contrary, there shall be no second primary election between

  4  the effective date of this act and January 1, 2004.

  5         (3)(a)  No later than 5 p.m. of the 9th day following

  6  the primary election in 2002, each candidate for Governor

  7  shall designate a Lieutenant Governor as a running mate.  Such

  8  designation must be made in writing to the Department of

  9  State.

10         (b)  No later than the time specified in paragraph (a),

11  each designated candidate for Lieutenant Governor shall file

12  with the Department of State the qualifying papers specified

13  in s. 99.063, Florida Statutes.

14         (4)(a)  For the 2002 elections, following the last day

15  of qualifying for office, reports pursuant to s. 106.07,

16  Florida Statutes, shall be filed on the 32nd, 18th, and 4th

17  days immediately preceding the primary election and on the

18  46th, 32nd, 18th, and 4th days immediately preceding the

19  general election.

20         (b)  Following the last day of qualifying for office,

21  any statewide candidate who has requested to receive

22  contributions from the Election Campaign Financing Trust Fund

23  or any statewide candidate in a race with a candidate who has

24  requested to receive contributions from the trust fund shall

25  file reports on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th,

26  and 53rd days prior to the general election.

27         (5)  For the 2002 elections, there shall be two

28  elections for purposes of the contribution limits in s.

29  106.08, Florida Statutes.

30         Section 47.  Section 97.0555, Florida Statutes, is

31  created to read:


                                  71

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         97.0555  Late registration.--An individual or

  2  accompanying family member who has been discharged or

  3  separated from the uniformed services, Merchant Marine, or

  4  from employment outside the territorial limits of the United

  5  States, after the book closing for an election pursuant to s.

  6  97.055 who is otherwise qualified, may register to vote in

  7  such election until 5 p.m. on the Friday before that election.

  8  Such persons must produce sufficient documentation showing

  9  evidence of qualifying for late registration pursuant to this

10  section. The Department of State shall adopt rules specifying

11  documentation that is sufficient to determine eligibility.

12         Section 48.  Section 101.6951, Florida Statutes, is

13  created to read:

14         101.6951  State write-in ballot.--

15         (1)  An overseas voter may request, not earlier than

16  180 days before a general election, a state write-in absentee

17  ballot from the supervisor of elections in the county of

18  registration. In order to receive a state write-in ballot, the

19  voter shall state that due to military or other contingencies

20  that preclude normal mail delivery, the voter cannot vote an

21  absentee ballot during the normal absentee voting period.

22  State write-in absentee ballots shall be made available to

23  voters 90 to 180 days prior to a general election. The

24  Department of State shall prescribe by rule the form of the

25  state write-in ballot.

26         (2)  In completing the ballot, the overseas voter may

27  designate his or her choice by writing in the name of the

28  candidate or by writing in the name of a political party, in

29  which case the ballot must be counted for the candidate of

30  that political party, if there is such a party candidate on

31  the ballot.


                                  72

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (3)  Any abbreviation, misspelling, or other minor

  2  variation in the form of the name of a candidate or a

  3  political party must be disregarded in determining the

  4  validity of the ballot if there is a clear indication on the

  5  ballot that the voter has made a definite choice.

  6         (4)  The state write-in ballot shall contain all

  7  offices, federal, state, and local, for which the voter would

  8  otherwise be entitled to vote.

  9         Section 49.  Section 101.6952, Florida Statutes, is

10  created to read:

11         101.6952  Absentee ballots for overseas voters.--

12         (1)  If an overseas voter's request for an absentee

13  ballot includes an e-mail address, the supervisor of elections

14  shall inform the voter of the names of candidates who will be

15  on the ballots via electronic transmission.  The supervisor of

16  elections shall e-mail to the voter the list of candidates for

17  the primary and general election not later than 30 days before

18  each election.

19         (2)  For absentee ballots received from overseas

20  voters, there is a presumption that the envelope was mailed on

21  the date stated and witnessed on the outside of the return

22  envelope, regardless of the absence of a postmark on the

23  mailed envelope or the existence of a postmark date that is

24  later than the date of the election.

25         Section 50.  Section 101.697, Florida Statutes, is

26  created to read:

27         101.697  Electronic transmission of election

28  materials.--The Department of State shall adopt rules to

29  authorize a supervisor of elections to accept a request for an

30  absentee ballot and a voted absentee ballot by facsimile

31  machine or other electronic means from overseas voters. The


                                  73

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  rules must provide that in order to accept a voted ballot, the

  2  verification of the voter must be established, the security of

  3  the transmission must be established, and each ballot received

  4  must be recorded.

  5         Section 51.  Section 101.698, Florida Statutes, is

  6  created to read:

  7         101.698  Absentee voting in emergency situations.--If a

  8  national or local emergency or other situation arises which

  9  makes substantial compliance with the provisions of state or

10  federal law relating to the methods of voting for overseas

11  voters impossible or unreasonable, such as an armed conflict

12  involving United States Armed Forces or mobilization of those

13  forces, including state National Guard and reserve components,

14  the Elections Canvassing Commission may adopt by emergency

15  rules, such special procedures or requirements necessary to

16  facilitate absentee voting by those persons directly affected

17  who are otherwise eligible to vote in the election.

18         Section 52.  Paragraph (b) of subsection (1), and

19  subsection (7) of section 101.62, Florida Statutes, are

20  amended to read:

21         101.62  Request for absentee ballots.--

22         (1)

23         (b)  The supervisor may accept a written or telephonic

24  request for an absentee ballot from the elector, or, if

25  directly instructed by the elector, a member of the elector's

26  immediate family, or the elector's legal guardian. For

27  purposes of this section, the term "immediate family" has the

28  same meaning as specified in paragraph (4)(b).  The person

29  making the request must disclose:

30         1.  The name of the elector for whom the ballot is

31  requested;


                                  74

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         2.  The elector's address;

  2         3.  The last four digits of the elector's social

  3  security number;

  4         3.4.  The registration number on the elector's date of

  5  birth registration identification card;

  6         4.5.  The requester's name;

  7         5.6.  The requester's address;

  8         6.7.  The requester's social security number and, if

  9  available, driver's license number, if available;

10         7.8.  The requester's relationship to the elector; and

11         8.9.  The requester's signature (written requests

12  only).

13         (7)(a)  For the purposes of this section, "absent

14  qualified elector overseas" means:

15         1.  Members of the Armed Forces while in the active

16  service who are permanent residents of the state and are

17  temporarily residing outside the territorial limits of the

18  United States and the District of Columbia;

19         2.  Members of the Merchant Marine of the United States

20  who are permanent residents of the state and are temporarily

21  residing outside the territorial limits of the United States

22  and the District of Columbia; and

23         3.  Other citizens of the United States who are

24  permanent residents of the state and are temporarily residing

25  outside the territorial limits of the United States and the

26  District of Columbia,

27  

28  who are qualified and registered as provided by law.

29         (b)  Notwithstanding any other provision of law to the

30  contrary, there shall appear on the ballots sent to absent

31  qualified electors overseas, in addition to the names of the


                                  75

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  candidates for each office, the political party affiliation of

  2  each candidate for each office, other than a nonpartisan

  3  office.

  4         (c)  With respect to marked ballots mailed by absent

  5  qualified electors overseas, only those ballots mailed with an

  6  APO, FPO, or foreign postmark shall be considered valid.

  7         Section 53.  Section 101.64, Florida Statutes, is

  8  amended to read:

  9         101.64  Delivery of absentee ballots; envelopes;

10  form.--

11         (1)  The supervisor shall enclose with each absentee

12  ballot two envelopes:  a secrecy envelope, into which the

13  absent elector shall enclose his or her marked ballot; and a

14  mailing envelope, into which the absent elector shall then

15  place the secrecy envelope, which shall be addressed to the

16  supervisor and also bear on the back side a certificate in

17  substantially the following form:

18  

19         Note:  Please Read Instructions Carefully Before

20        Marking Ballot and Completing Voter's Certificate.

21                       VOTER'S CERTIFICATE

22         I, ...., do solemnly swear or affirm that I am a

23  qualified and registered voter of .... County, Florida and

24  that I have not and will not vote more than one ballot in this

25  election. I understand that if I commit or attempt to commit

26  any fraud in connection with voting, vote a fraudulent ballot,

27  or vote more than once in an election, I can be convicted of a

28  felony of the third degree and fined up to $5,000 and/or

29  imprisoned for up to 5 years.  I also understand that failure

30  to sign this certificate and have my signature properly

31  


                                  76

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  witnessed will invalidate my ballot. I am entitled to vote an

  2  absentee ballot for one of the following reasons:

  3  

  4         1.  I am unable without another's assistance to attend

  5  the polls.

  6         2.  I may not be in the precinct of my residence during

  7  the hours the polls are open for voting on election day.

  8         3.  I am an inspector, a poll worker, a deputy voting

  9  machine custodian, a deputy sheriff, a supervisor of

10  elections, or a deputy supervisor who is assigned to a

11  different precinct than that in which I am registered.

12         4.  On account of the tenets of my religion, I cannot

13  attend the polls on the day of the general, special, or

14  primary election.

15         5.  I have changed my permanent residency to another

16  county in Florida within the time period during which the

17  registration books are closed for the election.  I understand

18  that I am allowed to vote only for national and statewide

19  offices and on statewide issues.

20         6.  I have changed my permanent residency to another

21  state and am unable under the laws of such state to vote in

22  the general election.  I understand that I am allowed to vote

23  only for President and Vice President.

24         7.  I am unable to attend the polls on election day and

25  am voting this ballot in person at the office of, and under

26  the supervision of, the county supervisor of elections.

27  

28  

29  ...(Date)...                         ...(Voter's Signature)...

30  

31  ...(Last four digits of voter's social security number)...


                                  77

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  Note: Your Signature Must Be Witnessed By Either:

  2         a.  A Notary or Officer Defined in Item 6.b. of the

  3  Instruction Sheet.

  4  

  5         Sworn to (or affirmed) and subscribed before me this

  6  .... day of ........, ...(year)..., by ...(name of person

  7  making statement).... My commission expires this .... day of

  8  ........, ...(year)....

  9                                   ...(Signature of Official)...

10                              ...(Print, Type, or Stamp Name)...

11                          ...(State or Country of Commission)...

12         Personally Known ........ OR Produced Identification

13  ........

14         Type of Identification Produced........................

15  

16                                OR

17  

18         b.  One Witness 18 Years of Age or Older as provided in

19  item 8 of the Instruction Sheet, who is a registered voter in

20  the State.

21  

22  I swear or affirm that the voter signed this Voter's

23  Certificate in my presence and that, unless certified as an

24  absentee ballot coordinator, I have not witnessed more than 5

25  ballots for this election.

26  

27  WITNESS:

28  

29  ...(Signature of Witness)...

30                                 ...(Printed Name of Witness)...

31  


                                  78

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1          ...(Voter I.D. Number of Witness and County of

  2                         Registration)...

  3  

  4  ...(Address)...

  5                                              ...(City/State)...

  6  

  7         (2)  The certificate shall be arranged on the back of

  8  the mailing envelope so that the lines for the signatures of

  9  the absent elector and the attesting witness are across the

10  seal of the envelope; however, no statement shall appear on

11  the envelope which indicates that a signature of the voter or

12  witness must cross the seal of the envelope.  The absent

13  elector and the attesting witness shall execute the

14  certificate on the envelope.

15         Section 54.  Section 101.65, Florida Statutes, is

16  amended to read:

17         101.65  Instructions to absent electors.--The

18  supervisor shall enclose with each absentee ballot separate

19  printed instructions in substantially the following form:

20  

21  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

22         1.  VERY IMPORTANT.  In order to ensure that your

23  absentee ballot will be counted, it should be completed and

24  returned as soon as possible so that it can reach the

25  supervisor of elections of the county in which your precinct

26  is located no later than 7 p.m. on the day of the election.

27         2.  Mark your ballot in secret as instructed on the

28  ballot. You must mark your own ballot unless you are unable to

29  do so because of blindness, disability, or inability to read

30  or write.

31  


                                  79

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         3.  Place your marked ballot in the enclosed secrecy

  2  envelope.

  3         4.  Insert the secrecy envelope into the enclosed

  4  mailing envelope which is addressed to the supervisor.

  5         5.  Seal the mailing envelope and completely fill out

  6  the Voter's Certificate on the back of the mailing envelope.

  7         6.  VERY IMPORTANT.  In order for your absentee ballot

  8  to be counted, you must sign your name on the line above

  9  (Voter's Signature).

10         7.  VERY IMPORTANT. If you are an overseas voter, you

11  must include the date you signed the Voter's Certificate on

12  the line above (Date) or your ballot may not be counted.,

13  place the last four digits of your Social Security number in

14  the space provided, and your ballot must be witnessed in

15  either of the following manners:

16         a.  One witness, who is a registered voter in the

17  state, must affix his or her signature, printed name, address,

18  voter identification number, and county of registration on the

19  voter's certificate. Each witness is limited to witnessing

20  five ballots per election unless certified as an absentee

21  ballot coordinator. A candidate may not serve as an attesting

22  witness.

23         b.  Any notary or other officer entitled to administer

24  oaths or any Florida supervisor of elections or deputy

25  supervisor of elections, other than a candidate, may serve as

26  an attesting witness.

27         8.  VERY IMPORTANT. In order for your absentee ballot

28  to be counted, it must include the signature and address of a

29  witness 18 years of age or older affixed to the Voter's

30  Certificate. No candidate may serve as an attesting witness.

31  


                                  80

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         9.7.  Mail, deliver, or have delivered the completed

  2  mailing envelope. Be sure there is sufficient postage if

  3  mailed.

  4         10.8.  FELONY NOTICE. It is a felony under Florida law

  5  to accept any gift, payment, or gratuity in exchange for your

  6  vote for a candidate. It is also a felony under Florida law to

  7  vote in an election using a false identity or false address,

  8  or under any other circumstances making your ballot false or

  9  fraudulent.

10         Section 55.  Section 101.657, Florida Statutes, is

11  amended to read:

12         101.657  Voting absentee ballots in person.--

13         (1)  Notwithstanding s. 97.021(1), Any qualified and

14  registered elector who is unable to attend the polls on

15  election day may pick up and vote an absentee ballot in person

16  at the office of, and under the supervision of, the supervisor

17  of elections.  Before receiving the ballot, the elector must

18  present a Florida driver's license, a Florida identification

19  card issued under s. 322.051, or another form of picture

20  identification approved by the Department of State.  If the

21  elector fails to furnish the required identification, or if

22  the supervisor is in doubt as to the identity of the elector,

23  the supervisor must follow the procedure prescribed in s.

24  101.49.

25         (2)  As an alternative to the provisions of ss. 101.64,

26  101.647, and 101.65, the supervisor of elections may allow an

27  elector to cast an absentee ballot in the main or branch

28  office of the supervisor by depositing the voted ballot in a

29  voting device used by the supervisor to collect or tabulate

30  ballots. The results or tabulation may not be made before the

31  close of the polls on election day.


                                  81

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (a)(3)  The elector must provide picture identification

  2  and must complete an In-Office Voter Certificate in

  3  substantially the following form:

  4  

  5                   IN-OFFICE VOTER CERTIFICATE

  6  

  7  I, ...., am a qualified elector in this election and

  8  registered voter of .... County, Florida. I do solemnly swear

  9  or affirm that I am the person so listed on the voter

10  registration rolls of .... County and that I reside at the

11  listed address. I understand that if I commit or attempt to

12  commit fraud in connection with voting, vote a fraudulent

13  ballot, or vote more than once in an election I could be

14  convicted of a felony of the third degree and both fined up to

15  $5,000 and imprisoned for up to 5 years. I understand that my

16  failure to sign this certificate and have my signature

17  witnessed invalidates my ballot. I am entitled to vote an

18  absentee ballot because I am unable to attend the polls on

19  election day.

20  

21  

22  ...(Voter's Signature)...

23  

24  ...(Address)...

25  

26  ...(City/State)...

27  

28  ...(Name of Witness)...

29  

30  ...(Signature of Witness)...

31  


                                  82

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  ...(Type of identification provided)...

  2  

  3         (b)(4)  Any elector may challenge an elector seeking to

  4  cast an absentee ballot under the provisions of s. 101.111.

  5  Any challenged ballot must be placed in a regular absentee

  6  ballot envelope. The canvassing board shall review the ballot

  7  and decide the validity of the ballot by majority vote.

  8         (c)(5)  The canvass of returns for ballots cast under

  9  this subsection section shall be substantially the same as

10  votes cast by electors in precincts, as provided in s.

11  101.5614.

12         Section 56.  Paragraphs (a) and (c) of subsection (2)

13  of section 101.68, Florida Statutes, are amended to read:

14         101.68  Canvassing of absentee ballot.--

15         (2)(a)  The county canvassing board may begin the

16  canvassing of absentee ballots at 7 a.m. on the fourth day

17  before the election, but not later than noon on the day

18  following the election. In addition, for any county using

19  electronic tabulating equipment, the processing of absentee

20  ballots through such tabulating equipment may begin at 7 a.m.

21  on the fourth day before the election upon the opening of the

22  polls on election day.  However, notwithstanding any such

23  authorization to begin canvassing or otherwise processing

24  absentee ballots early, no result or tabulation of absentee

25  ballots shall be released made until after the closing close

26  of the polls on election day. Any supervisor of elections,

27  deputy supervisor of elections, canvassing board member,

28  election board member, or election employee who releases the

29  results of a canvassing or processing of absentee ballots

30  prior to the closing of the polls on election day commits a

31  


                                  83

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  felony of the third degree, punishable as provided in s.

  2  775.082, s. 775.083, or s. 775.084.

  3         (c)1.  The canvassing board shall, if the supervisor

  4  has not already done so, compare the signature of the elector

  5  on the voter's certificate with the signature of the elector

  6  in the registration books to see that the elector is duly

  7  registered in the county and to determine the legality of that

  8  absentee ballot. An absentee ballot shall be considered

  9  illegal if it does not include the signature and the last four

10  digits of the social security number of the elector, as shown

11  by the registration records, and the signature and address of

12  an attesting witness. either:

13         a.  The subscription of a notary or officer defined in

14  Item 6.b. of the instruction sheet, or

15         b.  The signature, printed name, address, voter

16  identification number, and county of registration of one

17  attesting witness, who is a registered voter in the state.

18  

19  However, an absentee ballot shall not be considered illegal if

20  the signature of the elector or attesting witness does not

21  cross the seal of the mailing envelope or if the person

22  witnessing the ballot is in violation of s. 104.047(3). If the

23  canvassing board determines that any ballot is illegal, a

24  member of the board shall, without opening the envelope, mark

25  across the face of the envelope:  "rejected as illegal."  The

26  envelope and the ballot contained therein shall be preserved

27  in the manner that official ballots voted are preserved.

28         2.  If any elector or candidate present believes that

29  an absentee ballot is illegal due to a defect apparent on the

30  voter's certificate, he or she may, at any time before the

31  ballot is removed from the envelope, file with the canvassing


                                  84

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  board a protest against the canvass of that ballot, specifying

  2  the precinct, the ballot, and the reason he or she believes

  3  the ballot to be illegal. A challenge based upon a defect in

  4  the voter's certificate may not be accepted after the ballot

  5  has been removed from the mailing envelope.

  6         Section 57.  Section 104.047, Florida Statutes, is

  7  amended to read:

  8         104.047  Absentee ballots and voting; violations.--

  9         (1)  Any person who provides or offers to provide, and

10  any person who accepts, a pecuniary or other benefit in

11  exchange for distributing, ordering, requesting, collecting,

12  delivering, or otherwise physically possessing absentee

13  ballots, except as provided in ss. 101.6105-101.694, is guilty

14  of a felony of the third degree, punishable as provided in s.

15  775.082, s. 775.083, or s. 775.084.

16         (2)  Except as provided in s. 101.62 or s. 101.655, any

17  person who requests an absentee ballot on behalf of an elector

18  is guilty of a felony of the third degree, punishable as

19  provided in s. 775.082, s. 775.083, or s. 775.084.

20         (3)  Any person, other than a notary or other officer

21  entitled to administer oaths or an absentee ballot coordinator

22  as provided by s. 101.685, who witnesses more than five

23  ballots in any single election, is guilty of a misdemeanor of

24  the first degree, punishable as provided in s. 775.082 or s.

25  775.083.

26         (3)(4)  Any person who marks or designates a choice on

27  the ballot of another person, except as provided in s.

28  101.051, s. 101.655, or s. 101.661, is guilty of a felony of

29  the third degree, punishable as provided in s. 775.082, s.

30  775.083, or s. 775.084.

31  


                                  85

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (5)  Any person who returns more than two absentee

  2  ballots to the supervisors of elections in violation of s.

  3  101.647 is guilty of a misdemeanor of the first degree,

  4  punishable as provided in s. 775.082 or s. 775.083.

  5         Section 58.  Sections 101.647 and 101.685, Florida

  6  Statutes, are repealed.

  7         Section 59.  Section 98.255, Florida Statutes, is

  8  amended to read:

  9         (Substantial rewording of section. See

10         s. 98.255, F.S., for present text.)

11         98.255  Voter education programs.--

12         (1)  By March 1, 2002, the Department of State shall

13  adopt rules prescribing minimum standards for nonpartisan

14  voter education.  In developing the rules, the department

15  shall review current voter-education programs within each

16  county of the state.  The standards shall address, but are not

17  limited to, the following subjects:

18         (a)  Voter registration;

19         (b)  Balloting procedures, absentee and polling place; 

20         (c)  Voter rights and responsibilities;

21         (d)  Distribution of sample ballots; and

22         (e)  Public service announcements.

23         (2)  Each county supervisor shall implement the minimum

24  voter education standards, and shall conduct additional

25  nonpartisan education efforts as necessary to ensure that

26  voters have a working knowledge of the voting process.

27         (3)(a)  By December 15 of each general election year,

28  each supervisor of elections shall report to the Department of

29  State a detailed description of the voter-education programs

30  implemented and any other information that may be useful in

31  evaluating the effectiveness of voter-education efforts.


                                  86

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (b)  The Department of State, upon receipt of such

  2  information, shall prepare a public report on the

  3  effectiveness of voter-education programs and shall submit the

  4  report to the Governor, the President of the Senate, and the

  5  Speaker of the House of Representatives by January 31 of each

  6  year following a general election.

  7         (c)  The Department of State shall reexamine the rules

  8  adopted pursuant to subsection (1) and consider the findings

  9  in the report as a basis for adopting modified rules that

10  incorporate successful voter-education programs and

11  techniques, as necessary.

12         Section 60.  Section 101.031, Florida Statutes, is

13  amended to read:

14         101.031  Instructions for electors.--

15         (1)  The Department of State, or in case of municipal

16  elections the governing body of the municipality, shall print,

17  in large type on cards, instructions for the electors to use

18  in voting.  It shall provide not less than two cards for each

19  voting precinct for each election and furnish such cards to

20  each supervisor upon requisition.  Each supervisor of

21  elections shall send a sufficient number of these cards to the

22  precincts prior to an election.  The election inspectors shall

23  display the cards in the polling places as information for

24  electors.  The cards shall contain information about how to

25  vote and such other information as the Department of State may

26  deem necessary. The cards must also include the list of rights

27  and responsibilities afforded to Florida voters, as described

28  in subsection (2).

29         (2)  The supervisor of elections in each county shall

30  have posted at each polling place in the county the Voter's

31  Bill of Rights and Responsibilities in the following form:


                                  87

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1                      VOTER'S BILL OF RIGHTS

  2         Each registered voter in this state has the right to:

  3         1.  Vote and have his or her vote accurately counted.

  4         2.  Cast a vote if he or she is in line when the polls

  5  are closing.

  6         3.  Ask for and receive assistance in voting.

  7         4.  Receive up to two replacement ballots if he or she

  8  makes a mistake prior to the ballot being cast.

  9         5.  An explanation if his or her registration is in

10  question.

11         6.  If his or her registration is in question, cast a

12  provisional ballot.

13         7.  Prove his or her identity by signing an affidavit

14  if election officials doubt the voter's identity.

15         8.  Written instructions to use when voting, and, upon

16  request, oral instructions in voting from elections officers.

17         9.  Vote free from coercion or intimidation by

18  elections officers or any other person.

19         10.  Vote on a voting system that is in working

20  condition and that will allow votes to be accurately cast.

21                      VOTER RESPONSIBILITIES

22         Each registered voter in this state has the

23  responsibility to:

24         1.  Study and know candidates and issues.

25         2.  Keep his or her voter address current.

26         3.  Know his or her precinct and its hours of

27  operation.

28         4.  Bring proper identification to the polling station.

29         5.  Know how to operate voting equipment properly.

30         6.  Treat precinct workers with courtesy.

31         7.  Respect the privacy of other voters.


                                  88

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         8.  Report problems or violations of election law.

  2         9.  Ask questions when confused.

  3         10.  Check his or her completed ballot for accuracy.

  4         (3)  Nothing in this section shall give rise to a legal

  5  cause of action.

  6         (4)(2)  In case any elector, after entering the voting

  7  booth, shall ask for further instructions concerning the

  8  manner of voting, two election officers who are not both

  9  members of the same political party, if present, or, if not,

10  two election officers who are members of the same political

11  party, shall give such instructions to such elector, but no

12  officer or person assisting an elector shall in any manner

13  request, suggest, or seek to persuade or induce any elector to

14  vote for or against any particular ticket, candidate,

15  amendment, question, or proposition.  After giving the elector

16  instructions and before the elector has voted, the officers or

17  persons assisting the elector shall retire, and such elector

18  shall vote in secret.

19         Section 61.  Subsection (1) of section 101.131, Florida

20  Statutes, is amended to read:

21         101.131  Watchers at polls.--

22         (1)  Each political party and each candidate may have

23  one watcher in each polling room at any one time during the

24  election.  No watcher shall be permitted to come closer to the

25  officials' table or the voting booths than is reasonably

26  necessary to properly perform his or her functions, but each

27  shall be allowed within the polling room to watch and observe

28  the conduct of electors and officials.  The watchers shall

29  furnish their own materials and necessities and shall not

30  obstruct the orderly conduct of any election.  Each watcher

31  shall be a qualified and registered elector of the county in


                                  89

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  which he or she serves.  During the elections the officials

  2  shall call out the names of electors loudly enough to be heard

  3  by the watchers.

  4         Section 62.  Subsection (1) of section 97.073, Florida

  5  Statutes, is amended to read:

  6         97.073  Disposition of voter registration applications;

  7  cancellation notice.--

  8         (1)  The supervisor must notify each applicant of the

  9  disposition of the applicant's voter registration application.

10  The notice must inform the applicant that the application has

11  been approved, is incomplete, has been denied, or is a

12  duplicate of a current registration. A registration

13  identification card sent to an applicant constitutes notice of

14  approval of registration. If the application is incomplete,

15  the supervisor must request that notice must instruct the

16  applicant supply the missing information in writing and sign a

17  statement that the additional information is true and correct

18  to complete another voter registration application, which the

19  supervisor must provide. A notice of denial must inform the

20  applicant of the reason the application was denied.

21         Section 63.  Effective upon this act becoming a law,

22  the Division of Elections, in conjunction with the Florida

23  State Association of Supervisors of Elections, shall, from

24  existing funds, study the benefits and drawbacks of having

25  uniform poll opening and closing times throughout the state. A

26  written report shall be presented to the the President of the

27  Senate and the Speaker of the House of Representatives no

28  later than January 1, 2002. This report must include, but is

29  not limited to, a discussion of the circumstances surrounding

30  the 2000 Presidential election; changing the state to one time

31  zone; changing polling times to coincide in both time zones;


                                  90

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  and having the Central Time Zone not recognize Daylight Saving

  2  Time.

  3         Section 64.  Section 102.014, Florida Statutes, is

  4  created to read:

  5         102.014  Pollworker recruitment and training.--

  6         (1)  The supervisor of elections shall conduct training

  7  for inspectors, clerks, and deputy sheriffs prior to each

  8  primary, general, and special election for the purpose of

  9  instructing such persons in their duties and responsibilities

10  as election officials.  A certificate may be issued by the

11  supervisor of elections to each person completing such

12  training. No person shall serve as an inspector, clerk, or

13  deputy sheriff for an election unless such person has

14  completed the training as required.  A clerk may not work at

15  the polls unless he or she demonstrates a working knowledge of

16  the laws and procedures relating to voter registration, voting

17  system operation, balloting and polling place procedures, and

18  problem-solving and conflict-resolution skills.

19         (2)  A person who has attended previous training

20  conducted within 2 years before the election may be appointed

21  by the supervisor to fill a vacancy on election day.  If no

22  person with prior training is available to fill such vacancy,

23  the supervisor of elections may fill such vacancy in

24  accordance with the provisions of subsection (3) from among

25  persons who have not received the training required by this

26  section.

27         (3)  In the case of absence or refusal to act on the

28  part of any inspector or clerk at any precinct on the day of

29  an election, the supervisor shall appoint a replacement who

30  meets the qualifications prescribed in section 102.012(2).

31  The inspector or clerk so appointed shall be a member of the


                                  91

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  same political party as the clerk or inspector whom he or she

  2  replaces.

  3         (4)  Each supervisor of elections shall be responsible

  4  for training inspectors and clerks, subject to the following

  5  minimum requirements:

  6         (a)  No clerk shall be entitled to work at the polls

  7  unless he or she has had a minimum of six hours of training

  8  during a general election year, at least two hours of which

  9  must occur after June 1 of that year.

10         (b)  No inspector shall work at the polls unless he or

11  she has had a minimum of three hours of training during a

12  general election year, at least one hour of which must occur

13  after June 1 of that year.

14         (5)  The Department of State shall create a uniform

15  polling place procedures manual and adopt the manual by rule.

16  Each supervisor of elections shall insure that the manual is

17  available in hard copy or electronic form in every precinct in

18  the supervisor's jurisdiction on election day.  The manual

19  shall guide inspectors, clerks, and deputy sheriffs in the

20  proper implementation of election procedures and laws.  The

21  manual shall be indexed by subject, and written in plain,

22  clear, unambiguous language.  The manual shall provide

23  specific examples of common problems encountered at the polls

24  on election day, and detail specific procedures for resolving

25  those problems.  The manual shall include, without limitation:

26         (a)  Regulations governing solicitation by individuals

27  and groups at the polling place;

28         (b)  Procedures to be followed with respect to voters

29  whose names are not on the precinct register;

30         (c)  Proper operation of the voting system;

31         (d)  Ballot handling procedures;


                                  92

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (e)  Procedures governing spoiled ballots;

  2         (f)  Procedures to be followed after the polls close;

  3         (g)  Rights of voters at the polls;

  4         (h)  Procedures for handling emergency situations;

  5         (i)  Procedures for dealing with irate voters;

  6         (j)  The handling and processing of provisional

  7  ballots; and

  8         (k)  Security procedures.

  9  

10  The Department of State shall revise the manual as necessary

11  to address new procedures in law or problems encountered by

12  voters and pollworkers at the precincts.

13         (6)  Supervisors of elections shall work with the

14  business and local community to develop public-private

15  programs to ensure the recruitment of skilled inspectors and

16  clerks.

17         Section 65.  Subsections (8) and (9) of section

18  102.012, Florida Statutes, are repealed.

19         Section 66.  Subsection (2) of section 102.021, Florida

20  Statutes, is amended to read:

21         102.021 Compensation of inspectors, clerks, and deputy

22  sheriffs.--

23         (2)  Inspectors and clerks of election and deputy

24  sheriffs serving at the precincts may receive compensation and

25  travel expenses, as provided in s. 112.061, for attending the

26  pollworker training required by s. 102.014 102.012(8).

27         Section 67.  Section 106.31, Florida Statutes, is

28  amended to read:

29         106.31  Legislative intent.--The Legislature finds that

30  the costs of running an effective campaign for statewide

31  office have reached a level which tends to discourage persons


                                  93

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  from becoming candidates and to limit the persons who run for

  2  such office to those who are independently wealthy, who are

  3  supported by political committees representing special

  4  interests which are able to generate substantial campaign

  5  contributions, or who must appeal to special interest groups

  6  for campaign contributions.  The Legislature further finds

  7  that campaign contributions generated by such political

  8  committees are having a disproportionate impact vis-a-vis

  9  contributions from unaffiliated individuals, which leads to

10  the misperception of government officials unduly influenced by

11  those special interests to the detriment of the public

12  interest.  Furthermore, it is the intent of the Legislature

13  that the purpose of public campaign financing is to make

14  candidates more responsive to the voters of the State of

15  Florida and as insulated as possible from special interest

16  groups.  The Legislature intends ss. 106.30-106.36 to

17  alleviate these factors, dispel the misperception, and

18  encourage qualified persons to seek statewide elective office

19  who would not, or could not otherwise do so and to protect the

20  effective competition by a candidate who uses public funding.

21         Section 68.  Section 106.33, Florida Statutes, is

22  amended to read:

23         106.33  Election campaign financing; eligibility.--Each

24  candidate for the office of Governor or member of the Cabinet

25  who desires to receive contributions from the Election

26  Campaign Financing Trust Fund shall, upon qualifying for

27  office, file a request for such contributions with the filing

28  officer on forms provided by the Division of Elections.  If a

29  candidate requesting contributions from the fund desires to

30  have such funds distributed by electronic fund transfers, the

31  request shall include information necessary to implement that


                                  94

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  procedure. For the purposes of ss. 106.30-106.36, candidates

  2  for Governor and Lieutenant Governor on the same ticket shall

  3  be considered as a single candidate.  To be eligible to

  4  receive contributions from the fund, a candidate may shall not

  5  be an unopposed candidate as defined in s. 106.011(15) and

  6  must shall:

  7         (1)  Agree to abide by the expenditure limits provided

  8  in s. 106.34.

  9         (2)(a)  Raise contributions as follows:

10         1.(a)  One hundred fifty thousand dollars for a

11  candidate for Governor.

12         2.(b)  One hundred thousand dollars for a candidate for

13  Cabinet office.

14         (b)  Contributions from individuals who at the time of

15  contributing are not state residents may not be used to meet

16  the threshold amounts in paragraph (a). For purposes of this

17  paragraph, any person validly registered to vote in this state

18  shall be considered a state resident.

19         (3)  Limit loans or contributions from the candidate's

20  personal funds to $25,000 and contributions from national,

21  state, and county executive committees of a political party to

22  $25,000 in the aggregate, which loans or contributions shall

23  not qualify for meeting the threshold amounts in subsection

24  (2).

25         (4)  Submit to a postelection audit of the campaign

26  account by the division.

27         Section 69.  Subsection (2) of section 106.35, Florida

28  Statutes, is amended to read:

29         106.35  Distribution of funds.--

30         (2)(a)  Each candidate who has been certified to

31  receive contributions from the Election Campaign Financing


                                  95

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  Trust Fund shall be entitled to distribution of funds as

  2  follows:

  3         1.  For qualifying matching contributions making up all

  4  or any portion of the threshold amounts specified in s.

  5  106.33(2), distribution shall be on a two-to-one basis.

  6         2.  For all other qualifying matching contributions,

  7  distribution shall be on a one-to-one basis.

  8         (b)  Qualifying matching contributions are those of

  9  $250 or less from an individual, made after September 1 of the

10  calendar year prior to the election. Any contribution received

11  from an individual who is not a state resident at the time the

12  contribution is made shall not be considered a qualifying

13  matching contribution. For purposes of this paragraph, any

14  person validly registered to vote in this state shall be

15  considered a state resident. Aggregate contributions from an

16  individual in excess of $250 will be matched only up to $250.

17  A contribution from an individual, if made by check, must be

18  drawn on the personal bank account of the individual making

19  the contribution, as opposed to any form of business account,

20  regardless of whether the business account is for a

21  corporation, partnership, sole proprietorship, trust, or other

22  form of business arrangement. For contributions made by check

23  from a personal joint account, the match shall only be for the

24  individual who actually signs the check.

25         Section 70.  Effective July 1, 2001, section 98.0977,

26  Florida Statutes, is created to read:

27         98.0977  Statewide voter registration database;

28  development and maintenance.--

29         (1)  From the funds appropriated, the department may

30  contract with the Florida Association of Court Clerks to

31  analyze, design, develop, operate, and maintain a statewide,


                                  96

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  on-line voter registration database and associated web site,

  2  to be fully operational statewide by June 1, 2002. The

  3  database shall contain voter registration information from

  4  each of the 67 supervisors of elections in this state, and

  5  shall be accessible through an Internet web site. The system

  6  shall provide functionality for ensuring that the database is

  7  updated on a daily basis to determine if a registered voter is

  8  ineligible to vote for any of the following reasons,

  9  including, but not limited to:

10         (a)  The voter is deceased;

11         (b)  The voter has been convicted of a felony and has

12  not had his or her civil rights restored; or

13         (c)  The voter has been adjudicated mentally

14  incompetent and his or her mental capacity with respect to

15  voting has not been restored.

16  

17  The database shall also allow for duplicate voter

18  registrations to be identified.

19         (2)  The Department of State shall not contract with

20  any private entity other than the Florida Association of Court

21  Clerks for the operation or maintenance of the statewide voter

22  registration database.

23         (3)  In administering the database, each supervisor of

24  elections shall compare registration information provided by a

25  voter with information held by the Department of Law

26  Enforcement, the Board of Executive Clemency, the Office of

27  Vital Statistics, and other relevant sources.  If the

28  supervisor of elections finds information that suggests that a

29  voter is ineligible to register to vote, the supervisor of

30  elections shall notify the voter by certified United States

31  mail.  The notification shall contain a statement as to the


                                  97

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  reason for the voter's potential ineligibility to register to

  2  vote and shall request information from the voter on forms

  3  provided by the supervisor of elections in order to make a

  4  final determination on the voter's eligibility.  After

  5  reviewing the information requested by the supervisor of

  6  elections and provided by the voter, if the supervisor of

  7  elections determines that the voter is not eligible to vote

  8  under the laws of this state, the supervisor of elections

  9  shall notify the voter by certified United States mail that he

10  or she has been found ineligible to register to vote in this

11  state, shall state the reason for the ineligibility, and shall

12  inform the voter that he or she will be removed from the voter

13  registration rolls.

14         (4)  To the maximum extent feasible, state and local

15  government entities shall facilitate provision of information

16  and access to data to the Florida Association of Court Clerks

17  in order to compare information in the statewide voter

18  registration database with available information in other

19  computer databases, including, but not limited to, databases

20  that contain reliable criminal records and records of deceased

21  persons. State and local governmental agencies that provide

22  such data shall do so without charge if the direct cost

23  incurred by those agencies is not significant.

24         (5)  The Division of Elections shall provide written

25  quarterly progress reports on each phase of development of the

26  voter registration database to the President of the Senate and

27  the Speaker of the House of Representatives beginning July 1,

28  2001, and continuing until the database is fully implemented.

29         (6)  The duties of the supervisors of elections under

30  this section shall be considered part of their regular

31  registration list maintenance duties under this chapter, and


                                  98

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  any supervisor of elections who willfully refuses or willfully

  2  neglects to perform his or her duties under this section shall

  3  be in violation of s. 104.051(2).

  4         Section 71.  The Department of State may use up to $2

  5  million, from funds provided in specific appropriation 2898B

  6  of the 2001-2002 General Appropriations Act, notwithstanding

  7  the proviso language to that specific appropriation, for the

  8  analysis, design, development, operation, and maintenance of

  9  the statewide voter registration database as provided in s.

10  98.0977(1), Florida Statutes.  This section shall take effect

11  July 1, 2001.

12         Section 72.  Section 98.0979, Florida Statutes, is

13  created to read:

14         98.0979  Statewide voter registration database open to

15  inspection; copies.--

16         (1)(a)  The voter registration information of the state

17  constitutes public records. Any citizen shall be allowed to

18  examine the voter registration records, but may not make any

19  copies or extract therefrom except as provided by this

20  section.

21         (b)  Within 15 days after a request for voter

22  registration information, the division or supervisor of

23  elections shall furnish any requested information, excluding

24  only a voter's signature, social security number, and such

25  other information that is by statute specifically made

26  confidential or is exempt from public records requirements.

27         (c)  Actual costs of duplication of information

28  authorized by this section for release to the public shall be

29  charged in accordance with the provisions of s. 119.07.

30  

31  


                                  99

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (2)  The information provided by the division or

  2  supervisor of elections pursuant to this section shall be

  3  furnished only to:

  4         (a)  Municipalities;

  5         (b)  Other governmental agencies;

  6         (c)  Political candidates, for the purpose of

  7  furthering their candidacies;

  8         (d)  Registered political committees, certified

  9  committees of continuous existence, and political parties or

10  officials thereof, for political purposes only; and

11         (e)  Incumbent officeholders, for the purpose of

12  reporting to their constituents.

13         (3)  Such information shall not be used for commercial

14  purposes. No person to whom a list of registered voters is

15  made available pursuant to this section, and no person who

16  acquires such a list, shall use any information contained

17  therein for purposes which are not related to elections,

18  political or governmental activities, voter registration, or

19  law enforcement.

20         (4)  Any person who acquires a list of registered

21  voters from the division or supervisor of elections shall take

22  and subscribe to an oath which shall be in substantially the

23  following form:

24  

25         I hereby swear (or affirm) that I am a person

26  authorized by s. 98.0979, Florida Statutes, to acquire

27  information on the registered voters of Florida; that the

28  information acquired will be used only for the purposes

29  prescribed in that section and for no other purpose; and that

30  I will not permit the use or copying of such information by

31  


                                 100

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1  persons not authorized by the Election Code of the State of

  2  Florida.

  3  

  4                      ...(Signature of person acquiring list)...

  5  

  6  Sworn and subscribed before me this .... day of ........,

  7  ...(year)....

  8  ...(Name of person providing list)...

  9         Section 73.  Effective June 30, 2001, section 98.0975,

10  Florida Statutes, is repealed.

11         Section 74.  (1)  From funds appropriated from the

12  General Revenue Fund to the Division of Elections of the

13  Department of State in specific appropriation 2898B of the

14  2001-2002 General Appropriations Act, notwithstanding the

15  proviso language to that specific appropriation, the division

16  shall distribute the sum of $5,949,375 in fiscal year

17  2001-2002 to the counties to fund comprehensive voter

18  education programs and pollworker recruitment and training

19  programs provided in this act.  The Division shall divide the

20  total amount of funds appropriated by the total number of

21  registered voters in the state for the 2000 General Election

22  to establish a funding level per individual voter.  Each

23  county shall receive an amount equal to the funding level per

24  individual voter multiplied by the number of registered voters

25  in the county, as certified by the Department of State for the

26  2000 General Election.

27         (2)  No county shall receive any funds pursuant to

28  subsection (1) until the county supervisor of elections

29  provides to the Department of State a detailed description of

30  the voter-education programs to be implemented pursuant to s.

31  98.255, Florida Statutes, for the 2002 election cycle.


                                 101

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         (3)  This section shall take effect July 1, 2001.

  2         Section 75.  The Division of Elections of the

  3  Department of State shall provide a report to the Governor,

  4  the President of the Senate, and the Speaker of the House of

  5  Representatives by November 15, 2001, detailing the progress

  6  that each county required by this act to upgrade a voting

  7  system has made toward the implementation of such system. This

  8  section shall take effect July 1, 2001.

  9         Section 76.  Effective July 1, 2001, funds appropriated

10  to the Division of Elections of the Department of State in the

11  2001-2002 General Appropriations Act for Voting Systems

12  Assistance shall be distributed to the counties in the

13  following manner:

14         (1)  Counties having a population of 75,000 or fewer

15  based on the 2000 census shall receive a total of $7,500 per

16  precinct based on the number of precincts as certified by the

17  Department of State for the 2000 General Election, to be

18  distributed in two equal installments on July 1, 2001, and

19  July 1, 2002.

20         (2)  All other counties shall receive a total of $3,750

21  per precinct based on the number of precincts as certified by

22  the Department of State for the 2000 General Election, to be

23  distributed in two equal installments on July 1, 2001, and

24  July 1, 2002.

25         Section 77.  If any provision of this act or the

26  application thereof to any person or circumstance is held

27  invalid, the invalidity shall not affect other provisions or

28  applications of the act which can be given effect without the

29  invalid provision or application, and to this end the

30  provisions of this act are declared severable.

31  


                                 102

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




    ENROLLED

    2001 Legislature                 CS for SB 1118, 2nd Engrossed



  1         Section 78.  Except as otherwise provided herein, this

  2  act shall take effect January 1, 2002.

  3  

  4  

  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  


                                 103

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