Bill Text: FL S1636 | 2012 | Regular Session | Introduced
Bill Title: Elections
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2012-03-09 - Died in Rules Subcommittee on Ethics and Elections [S1636 Detail]
Download: Florida-2012-S1636-Introduced.html
Florida Senate - 2012 SB 1636
By Senator Rich
34-01279A-12 20121636__
1 A bill to be entitled
2 An act relating to elections; amending s. 97.0575,
3 F.S.; increasing the amount of time that third-party
4 voter registration organizations are allowed to hold
5 collected voter registration applications before
6 submitting them; deleting a provision that authorizes
7 the Secretary of State to refer matters to the
8 Attorney General for civil action when the secretary
9 reasonably believes that a third-party voter
10 registration violation has occurred; amending s.
11 100.371, F.S.; increasing the amount of time that a
12 signature on a ballot initiative petition is valid;
13 amending s. 101.045, F.S.; permitting an elector to
14 vote in the precinct to which he or she has moved his
15 or her legal residence if the elector completes a
16 certain affirmation; amending s. 101.657, F.S.;
17 increasing the time allowed for early voting by
18 beginning 15 days before a state or federal election
19 and ending on the second day before the election;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsections (5), (6), and (7) of section
25 97.0575, Florida Statutes, are renumbered as subsections (4),
26 (5), and (6), respectively, and paragraph (a) of subsection (3)
27 and present subsection (4) of that section are amended to read:
28 97.0575 Third-party voter registrations.—
29 (3)(a) A third-party voter registration organization that
30 collects voter registration applications serves as a fiduciary
31 to the applicant, ensuring that any voter registration
32 application entrusted to the organization, irrespective of party
33 affiliation, race, ethnicity, or gender, shall be promptly
34 delivered to the division or the supervisor of elections within
35 10 days 48 hours after the applicant completes it or the next
36 business day if the appropriate office is closed for that 48
37 hour period. If a voter registration application collected by
38 any third-party voter registration organization is not promptly
39 delivered to the division or supervisor of elections, the third
40 party voter registration organization is liable for the
41 following fines:
42 1. A fine in the amount of $50 for each application
43 received by the division or the supervisor of elections more
44 than 10 days 48 hours after the applicant delivered the
45 completed voter registration application to the third-party
46 voter registration organization or any person, entity, or agent
47 acting on its behalf or the next business day, if the office is
48 closed. A fine in the amount of $250 for each application
49 received if the third-party voter registration organization or
50 person, entity, or agency acting on its behalf acted willfully.
51 2. A fine in the amount of $100 for each application
52 collected by a third-party voter registration organization or
53 any person, entity, or agent acting on its behalf, before book
54 closing for any given election for federal or state office and
55 received by the division or the supervisor of elections after
56 the book-closing deadline for such election. A fine in the
57 amount of $500 for each application received if the third-party
58 registration organization or person, entity, or agency acting on
59 its behalf acted willfully.
60 3. A fine in the amount of $500 for each application
61 collected by a third-party voter registration organization or
62 any person, entity, or agent acting on its behalf, which is not
63 submitted to the division or supervisor of elections. A fine in
64 the amount of $1,000 for any application not submitted if the
65 third-party voter registration organization or person, entity,
66 or agency acting on its behalf acted willfully.
67
68 The aggregate fine pursuant to this paragraph which may be
69 assessed against a third-party voter registration organization,
70 including affiliate organizations, for violations committed in a
71 calendar year is $1,000.
72 (4) If the Secretary of State reasonably believes that a
73 person has committed a violation of this section, the secretary
74 may refer the matter to the Attorney General for enforcement.
75 The Attorney General may institute a civil action for a
76 violation of this section or to prevent a violation of this
77 section. An action for relief may include a permanent or
78 temporary injunction, a restraining order, or any other
79 appropriate order.
80 Section 2. Subsection (3) of section 100.371, Florida
81 Statutes, is amended to read:
82 100.371 Initiatives; procedure for placement on ballot.—
83 (3) An initiative petition form circulated for signature
84 may not be bundled with or attached to any other petition. Each
85 signature shall be dated when made and shall be valid for a
86 period of 4 2 years following such date, provided all other
87 requirements of law are met. The sponsor shall submit signed and
88 dated forms to the supervisor of elections for the county of
89 residence listed by the person signing the form for verification
90 of the number of valid signatures obtained. If a signature on a
91 petition is from a registered voter in another county, the
92 supervisor shall notify the petition sponsor of the misfiled
93 petition. The supervisor shall promptly verify the signatures
94 within 30 days after receipt of the petition forms and payment
95 of the fee required by s. 99.097. The supervisor shall promptly
96 record, in the manner prescribed by the Secretary of State, the
97 date each form is received by the supervisor, and the date the
98 signature on the form is verified as valid. The supervisor may
99 verify that the signature on a form is valid only if:
100 (a) The form contains the original signature of the
101 purported elector.
102 (b) The purported elector has accurately recorded on the
103 form the date on which he or she signed the form.
104 (c) The form sets forth the purported elector’s name,
105 address, city, county, and voter registration number or date of
106 birth.
107 (d) The purported elector is, at the time he or she signs
108 the form and at the time the form is verified, a duly qualified
109 and registered elector in the state.
110
111 The supervisor shall retain the signature forms for at least 1
112 year following the election in which the issue appeared on the
113 ballot or until the Division of Elections notifies the
114 supervisors of elections that the committee that circulated the
115 petition is no longer seeking to obtain ballot position.
116 Section 3. Subsection (2) of section 101.045, Florida
117 Statutes, is amended to read:
118 101.045 Electors must be registered in precinct; provisions
119 for change of residence or name.—
120 (2)(a) An elector who moves from the precinct in which the
121 elector is registered may be permitted to vote in the precinct
122 to which he or she has moved his or her legal residence, if the
123 change of residence is within the same county and the elector
124 completes an affirmation in substantially the following form:
125
126 Change of Legal Residence of Registered
127 Voter
128
129 Under penalties for false swearing, I, ...(Name of voter)...,
130 swear (or affirm) that the former address of my legal residence
131 was ...(Address of legal residence)... in the municipality of
132 ...., in .... County, Florida, and I was registered to vote in
133 the .... precinct of .... County, Florida; that I have not voted
134 in the precinct of my former registration in this election; that
135 I now reside at ...(Address of legal residence)... in the
136 Municipality of ...., in .... County, Florida, and am therefore
137 eligible to vote in the .... precinct of .... County, Florida;
138 and I further swear (or affirm) that I am otherwise legally
139 registered and entitled to vote.
140 ...(Signature of voter whose address of legal residence has
141 changed)...
142 (b) Except for an active uniformed services voter or a
143 member of his or her family, an elector whose change of address
144 is from outside the county may not change his or her legal
145 residence at the polling place and vote a regular ballot;
146 however, such elector is entitled to vote a provisional ballot.
147 (b)(c) An elector whose name changes because of marriage or
148 other legal process may be permitted to vote, provided such
149 elector completes an affirmation in substantially the following
150 form:
151
152 Change of Name of Registered
153 Voter
154
155 Under penalties for false swearing, I, ...(New name of
156 voter)..., swear (or affirm) that my name has been changed
157 because of marriage or other legal process. My former name and
158 address of legal residence appear on the registration records of
159 precinct .... as follows:
160 Name............................................................
161 Address.........................................................
162 Municipality....................................................
163 County..........................................................
164 Florida, Zip....................................................
165 My present name and address of legal residence are as follows:
166 Name............................................................
167 Address.........................................................
168 Municipality....................................................
169 County..........................................................
170 Florida, Zip....................................................
171 and I further swear (or affirm) that I am otherwise legally
172 registered and entitled to vote.
173
174 ...(Signature of voter whose name has changed)...
175
176 (c)(d) Instead of the affirmation contained in paragraph
177 (a) or paragraph (b) (c), an elector may complete a voter
178 registration application that indicates the change of name or
179 change of address of legal residence.
180 (d)(e) Such affirmation or application, when completed and
181 presented at the precinct in which such elector is entitled to
182 vote, and upon verification of the elector’s registration, shall
183 entitle such elector to vote as provided in this subsection. If
184 the elector’s eligibility to vote cannot be determined, he or
185 she shall be entitled to vote a provisional ballot, subject to
186 the requirements and procedures in s. 101.048. Upon receipt of
187 an affirmation or application certifying a change in address of
188 legal residence or name, the supervisor shall as soon as
189 practicable make the necessary changes in the statewide voter
190 registration system to indicate the change in address of legal
191 residence or name of such elector.
192 Section 4. Paragraph (d) of subsection (1) of section
193 101.657, Florida Statutes, is amended to read:
194 101.657 Early voting.—
195 (1)
196 (d) Early voting shall begin on the 15th 10th day before an
197 election that contains state or federal races and end on the 2nd
198 3rd day before the election, and shall be provided for no less
199 than 6 hours and no more than 12 hours per day at each site
200 during the applicable period. The supervisor of elections may
201 provide early voting for elections that are not held in
202 conjunction with a state or federal election. However, the
203 supervisor has the discretion to determine the hours of
204 operation of early voting sites in those elections.
205 Section 5. This act shall take effect July 1, 2012.
