F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 6105 2022
1 A bill to be entitled
2 An act relating to elections; repealing s. 97.029,
3 F.S., relating to civil actions challenging the
4 validity of election laws; repealing s. 97.0291, F.S.,
5 relating to a prohibition on the use of private funds
6 for election-related expenses; amending s. 97.0575,
7 F.S.; revising the time period within which a third -
8 party voter registration organization must deliver
9 voter registration applications to the division or a
10 supervisor of elections; removing provisions relating
11 to certain notification requirements; amending s.
12 97.1031, F.S.; revising information that an elector
13 must provide to a supervisor of elections when the
14 elector changes his or her residence address; amending
15 s. 101.051, F.S.; removing a prohibition on the
16 solicitation of voters at drop box locations;
17 conforming a provision; amending s. 101.62, F.S.;
18 revising requirements for vote-by-mail ballot
19 requests; revising information that a supervisor is
20 required to record for each vote-by-mail ballot
21 request the supervisor receives; removing a
22 prohibition against mailing vote-by-mail ballots to
23 certain voters; amending s. 101.64, F.S.; removing
24 provisions relating to information included on vote -
25 by-mail ballot mailing envelopes and secrecy
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26 envelopes; amending s. 101.69, F.S.; removing
27 provisions authorizing the use of certain secure drop
28 boxes during certain hours; removing provisions
29 requiring the monitoring of secure drop boxes;
30 removing provisions relating to the designation of
31 drop box sites; removing provisions relating to the
32 retrieval of ballots from secure drop boxes; removing
33 provisions subjecting a supervisor to certain civil
34 penalties in certain circumstances; amending s.
35 102.031, F.S.; removing provisions prohibiting certain
36 solicitation activities within a specified area
37 surrounding a drop box; revising a definition;
38 removing provisions restricting certain persons from
39 prohibiting the solicitation of voters by a candidate
40 or a candidate's designee outside of the no-
41 solicitation zone; repealing s. 104.0616, F.S.,
42 relating to vote-by-mail ballots and voting; providing
43 an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 97.029, Florida Statutes, is repealed.
48 Section 2. Section 97.0291, Florida Statutes, is repealed.
49 Section 3. Paragraph (a) of subsection (3) of section
50 97.0575, Florida Statutes, is amended to read:
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51 97.0575 Third-party voter registrations.—
52 (3)(a) A third-party voter registration organization that
53 collects voter registration applications serves as a fiduciary
54 to the applicant, ensuring that any voter registration
55 application entrusted to the organization, irrespective of party
56 affiliation, race, ethnicity, or gender, must be promptly
57 delivered to the division or the supervisor of elections in the
58 county in which the applicant resides within 14 days after the
59 application was completed by the applicant, but not after
60 registration closes for the next ensuing election. A third -party
61 voter registration organization must notify the applicant at the
62 time the application is collected that the organization might
63 not deliver the application to the division or the supervisor of
64 elections in the county in which the applicant resides in less
65 than 14 days or before registration closes for the next ensuing
66 election and must advise the applicant that he or she may
67 deliver the application in person or by mail. The third -party
68 voter registration organization must also inform the applicant
69 how to register online with the division and how to determine
70 whether the application has been delivered. If a voter
71 registration application collected by any third-party voter
72 registration organization is not promptly delivered to the
73 division or supervisor of elections in the county in which the
74 applicant resides, the third-party voter registration
75 organization is liable for the following fines:
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76 1. A fine in the amount of $50 for each application
77 received by the division or the supervisor of elections in the
78 county in which the applicant resides more than 14 days after
79 the applicant delivered the completed voter registration
80 application to the third-party voter registration organization
81 or any person, entity, or agent acting on its behalf. A fine in
82 the amount of $250 for each application received if the third -
83 party voter registration organization or person, entity, or
84 agency acting on its behalf acted willfully.
85 2. A fine in the amount of $100 for each application
86 collected by a third-party voter registration organization or
87 any person, entity, or agent acting on its behalf, before book
88 closing for any given election for federal or state office and
89 received by the division or the supervisor of elections in the
90 county in which the applicant resides after the book-closing
91 deadline for such election. A fine in the amount of $500 for
92 each application received if the third-party registration
93 organization or person, entity, or agency acting on its behalf
94 acted willfully.
95 3. A fine in the amount of $500 for each application
96 collected by a third-party voter registration organization or
97 any person, entity, or agent acting on its behalf, which is not
98 submitted to the division or supervisor of elections in the
99 county in which the applicant resides. A fine in the amount of
100 $1,000 for any application not submitted if the third -party
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101 voter registration organization or person, entity, or agency
102 acting on its behalf acted willfully.
103
104 The aggregate fine pursuant to this paragraph which may be
105 assessed against a third-party voter registration organization,
106 including affiliate organizations, for violations committed in a
107 calendar year is $1,000.
108 Section 4. Subsection (1) of section 97.1031, Florida
109 Statutes, is amended to read:
110 97.1031 Notice of change of residence, change of name, or
111 change of party affiliation.—
112 (1)(a) When an elector changes his or her residence
113 address, the elector must notify the supervisor of elections.
114 Except as provided in paragraph (b), an address change must be
115 submitted using a voter registration application.
116 (b) If the address change is within the state and notice
117 is provided to the supervisor of elections of the county where
118 the elector has moved, the elector may do so by:
119 1. Contacting the supervisor of elections via telephone o r
120 electronic means, in which case the elector must provide his or
121 her date of birth and the last four digits of his or her social
122 security number, his or her Florida driver license number, or
123 his or her Florida identification card number, whichever may be
124 verified in the supervisor's records; or
125 2. Submitting the change on a voter registration
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126 application or other signed written notice.
127 Section 5. Subsections (2) and (5) of section 101.051,
128 Florida Statutes, are amended to read:
129 101.051 Electors seeking assistance in casting ballots;
130 oath to be executed; forms to be furnished.—
131 (2) It is unlawful for any person to be in the voting
132 booth with any elector except as provided in subsection (1). A
133 person at a polling place, a drop box location, or an early
134 voting site, or within 150 feet of a drop box location or the
135 entrance of a polling place or an early voting site, may not
136 solicit any elector in an effort to provide assistance to vote
137 pursuant to subsection (1). Any person who violates this
138 subsection commits a misdemeanor of the first degree, punishable
139 as provided in s. 775.082 or s. 775.083.
140 (5) If an elector needing assistance requests that a
141 person other than an election official provide him or her with
142 assistance in voting, the clerk or one of the inspectors shall
143 require the person providing assistance to take the following
144 oath:
145 DECLARATION TO PROVIDE ASSISTANCE
146 State of Florida
147 County of ....
148 Date ....
149 Precinct ....
150 I, ...(Print name)..., have been requested by ...(print
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151 name of elector needing assistance)... to provide him or her
152 with assistance to vote. I swear or affirm that I am not the
153 employer, an agent of the employer, or an officer or agent of
154 the union of the voter and that I have not solicited this voter
155 at the polling place, drop box location, or early voting site or
156 within 150 feet of such locations in an effort to provide
157 assistance.
158 ...(Signature of assistor)...
159 Sworn and subscribed to before me this .... day of ....,
160 ...(year)....
161 ...(Signature of Official Administering Oath)...
162 Section 6. Paragraph (b) of subsection (1), subsection
163 (3), and subsection (7) of section 101.62, Florida Statutes, are
164 amended to read:
165 101.62 Request for vote-by-mail ballots.—
166 (1)(b) The supervisor may accept a written, an in-person,
167 or a telephonic request for a vote-by-mail ballot to be mailed
168 to an elector's address on file in the Florida Voter
169 Registration System from the elector, or, if directly instructed
170 by the elector, a member of the elector's immediate family, or
171 the elector's legal guardian. If an in-person or a telephonic
172 request is made, the elector must provide the elector's Florida
173 driver license number, the elector's Florida identification card
174 number, or the last four digits of the elector's social security
175 number, whichever may be verified in the supervisor's records.
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176 If the ballot is requested to be mailed to an address other than
177 the elector's address on file in the Florida Voter Registration
178 System, the request must be made in writing. A written request
179 must be signed by the elector and include the elector's Florida
180 driver license number, the elector's Florida identification card
181 number, or the last four digits of the elector's social security
182 number. However, an absent uniformed service voter or an
183 overseas voter seeking a vote-by-mail ballot is not required to
184 submit a signed, written request for a vote-by-mail ballot that
185 is being mailed to an address other than the elector's address
186 on file in the Florida Voter Registration System. For purposes
187 of this section, the term "immediate family" has the same
188 meaning as specified in paragraph (4)(c). The person making the
189 request must disclose:
190 1. The name of the elector for whom the ballot is
191 requested.
192 2. The elector's address.
193 3. The elector's date of birth.
194 4. The elector's Florida driver license number, the
195 elector's Florida identification card number, or the last four
196 digits of the elector's social security number, whichever may be
197 verified in the supervisor's records.
198 4.5. The requester's name.
199 5.6. The requester's address.
200 6.7. The requester's driver license number, the
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201 requester's identification card number, or the last four digits
202 of the requester's social security number, if available.
203 7.8. The requester's relationship to the elector.
204 8.9. The requester's signature (written requests only).
205 (3) For each request for a vote-by-mail ballot received,
206 the supervisor shall record: the date the request was made; the
207 identity of the voter's designee making the request, if any; the
208 Florida driver license number, Florida identification card
209 number, or last four digits of the social security number of the
210 elector provided with a written request; the date the vote-by-
211 mail ballot was delivered to the voter or the voter's designee
212 or the date the vote-by-mail ballot was delivered to the post
213 office or other carrier; the address to which the ballot was
214 mailed or the identity of the voter's desi