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 1353 2022
1 A bill to be entitled
2 An act relating to elections; amending s. 20.10, F.S.;
3 requiring the Secretary of State to be elected rather
4 than appointed; specifying when such election shall
5 occur; amending s. 97.053, F.S.; providing that an
6 applicant must designate a party affiliation or select
7 no party affiliation to be registered to vote;
8 requiring a supervisor of elections to provide a
9 certain notification; requiring the voter registration
10 application to include certain information; creating
11 s. 97.0556, F.S.; providing that a person who meets
12 certain requirements may register to vote at an early
13 voting site or at his or her polling place and
14 immediately thereafter cast a ballot; amending s.
15 97.057, F.S.; requiring the Department of Highway
16 Safety and Motor Vehicles to provide the opportunity
17 to preregister to vote to certain individuals;
18 revising procedures governing voter registration by
19 the Department of Highway Safety and Motor Vehicles;
20 providing that driver license or identification card
21 applications, driver license or identification card
22 renewal applications, and applications for changes of
23 address for existing driver licenses or identification
24 cards submitted to the department serve as voter
25 registration applications; providing that an applicant
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26 is deemed to have consented to the use of his or her
27 signature for voter registration purposes unless a
28 declination is made; requiring specified applications
29 to include a voter registration component, subject to
30 approval by the Department of State; providing
31 requirements for the voter registration component;
32 providing for the transmittal of voter registration
33 information to the Department of State and supervisors
34 of elections; amending s. 97.0575, F.S.; removing a
35 requirement that a third-party voter registration
36 organization provide certain notice to an applicant;
37 revising certain penalties for third-party voter
38 registration organizations; removing the aggregate
39 limit of such penalties; amending s. 98.045, F.S.;
40 conforming a cross-reference; amending s. 98.065,
41 F.S.; revising the conditions in which a supervisor
42 must designate a voter as inactive; amending s.
43 99.061, F.S.; authorizing a candidate to pay his or
44 her qualification fee with a cashier's check; amending
45 100.111, F.S.; requiring the Governor to consult with
46 affected supervisors of elections in fixing the dates
47 for special elections; requiring the Governor, in the
48 event of a vacancy in a state legislative office, to
49 limit the period of a vacancy during a regular
50 legislative session to the greatest extent possible in
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51 fixing special election dates; requiring the Governor
52 to fix the date for a special election to be held
53 within a certain timeframe; revising the minimum time
54 between a special primary election and a special
55 election; amending s. 100.141, F.S.; requiring the
56 Governor to issue an order calling for a special
57 election within a certain timeframe; conforming a
58 provision to changes made by the act; amending s.
59 100.371, F.S.; providing a requirement for the
60 delivery of certain petition forms; creating s.
61 100.51, F.S.; establishing General Election Day as a
62 paid holiday; providing that any elector may absent
63 himself or herself from service or employment at a
64 specific time on a General Election Day and may not be
65 penalized or have pay reduced for such absence;
66 creating s. 101.016, F.S.; requiring the Division of
67 Elections to maintain a strategic elections equipment
68 reserve of voting systems and other equipment for
69 specified purposes; requiring such reserve to include
70 specified equipment; authorizing the division to
71 contract with specified entities rather than
72 physically maintain such reserve; amending s. 101.048,
73 F.S.; providing that a person may cast a provisional
74 vote at any precinct in the county in which the voter
75 claims to be registered; amending s. 101.151, F.S.;
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76 revising the order in which office titles and names of
77 candidates are placed on the ballot; amending s.
78 101.5612, F.S.; requiring a supervisor of elections to
79 annually file a plan for operations under certain
80 conditions; amending s. 101.62, F.S.; providing that a
81 request for a vote-by-mail ballot is valid until the
82 request is canceled; revising the deadline by which
83 vote-by-mail ballots must be received by a supervisor
84 of elections; revising the period during which a
85 supervisor of elections may deliver certain ballots;
86 removing requirements for a person designated by an
87 elector to pick up the elector's vote-by-mail ballot;
88 providing for extension of deadlines under certain
89 conditions; amending s. 101.64, F.S.; requiring a
90 supervisor of elections to enclose a postage paid
91 mailing envelope with each vote-by-mail ballot;
92 providing that vote-by-mail ballot voter certificates
93 may be signed with the last four digits of the voter's
94 social security number; amending s. 101.65, F.S.;
95 revising instructions that must be provided with a
96 vote-by-mail ballot; amending s. 101.68, F.S.;
97 requiring a supervisor of elections to compare the
98 signature or partial social security number on a
99 voter's certificate with the signature or partial
100 social security number in the registration books or
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101 precinct register when canvassing a vote-by-mail
102 ballot; requiring a canvassing board to compare the
103 signature or partial social security number on a
104 voter's certificate or cure affidavit with the
105 signature or partial social security number in the
106 registration books or precinct register when
107 canvassing a vote-by-mail ballot; removing
108 authorization for certain persons to file a protest
109 against the canvass of a ballot; amending s. 101.6952,
110 F.S.; authorizing an absent voter to submit a federal
111 write-in absentee ballot or vote-by-mail ballot;
112 revising requirements for the canvassing of specified
113 ballots; providing that a certain presumption applies
114 to vote-by-mail ballots received from absent voters;
115 requiring a vote-by-mail ballot from an absent voter
116 which is postmarked or dated by a certain date to be
117 counted; amending s. 101.71, F.S.; prohibiting a
118 polling place from being located within a gated
119 community unless certain conditions are met; amending
120 s. 102.031, F.S.; providing that a person may provide
121 food, water, or other items to certain voters;
122 prohibiting the use of devices that amplify sound in
123 certain locations during certain hours; amending s.
124 102.111, F.S.; revising the dates by which the
125 Elections Canvassing Commission shall certify certain
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126 election returns; amending s. 102.112, F.S.; revising
127 the deadlines for submission of county returns to the
128 Department of State; creating s. 102.181, F.S.;
129 authorizing certain persons to file actions against a
130 supervisor of elections for noncompliance with the
131 election code; providing that such person is entitled
132 to an immediate hearing; providing for the waiver of
133 fees and costs and the awarding of attorney fees;
134 providing an effective date.
135
136 Be It Enacted by the Legislature of the State of Florida:
137
138 Section 1. Subsection (1) of section 20.10, Florida
139 Statutes, is amended to read:
140 20.10 Department of State.—There is created a Department
141 of State.
142 (1) The head of the Department of State is the Secretary
143 of State. The Secretary of State shall be elected at the
144 statewide general election at which the Governor, Lieutenant
145 Governor, and Cabinet officers are elected as provided in s. 5,
146 Art. IV of the State Constitution, for a term of 4 years
147 beginning on the first Tuesday after the first Monday in January
148 of the year following such election appointed by the Governor,
149 subject to confirmation by the Senate, and shall serve at the
150 pleasure of the Governor. The Secretary of State shall perform
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151 the functions conferred by the State Constitution upon the
152 custodian of state records.
153 Section 2. Paragraph (b) of subsection (5) of section
154 97.053, Florida Statutes, is amended to read:
155 97.053 Acceptance of voter registration applications.—
156 (5)
157 (b) An applicant who fails to designate party affiliation
158 or affirmatively select no party affiliation may not must be
159 registered without party affiliation. The supervisor must notify
160 the voter by mail that the voter has not been registered without
161 party affiliation and that the voter must complete a new
162 registration application and designate a party affiliation or
163 affirmatively select no party affiliation. The voter
164 registration application must clearly denote this requirement
165 may change party affiliation as provided in s. 97.1031.
166 Section 3. Section 97.0556, Florida Statutes, is created
167 to read:
168 97.0556 Same-day voter registration.—A person who meets
169 the qualifications to register to vote in s. 97.041 and provides
170 the information required for the statewide voter registration
171 application in s. 97.052 may register at an early voting site or
172 at his or her polling place and immediately thereafter cast a
173 ballot.
174 Section 4. Section 97.057, Florida Statutes, is amended to
175 read:
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176 97.057 Voter registration by the Department of Highway
177 Safety and Motor Vehicles.—
178 (1) Each of the following serves as an application The
179 Department of Highway Safety and Motor Vehicles shall provide
180 the opportunity to preregister to vote, register to vote, or to
181 update a voter registration record when submitted to the
182 Department of Highway Safety and Motor Vehicles to each
183 individual who comes to an office of that department to :
184 (a) An application for or a renewal of Apply for or renew
185 a driver license;
186 (b) An application for or a renewal of Apply for or renew
187 an identification card pursuant to chapter 322; or
188 (c) An application for a change of an address on an
189 existing driver license or identification card.
190
191 Unless the applicant declines to register or preregister to
192 vote, he or she is deemed to have consented to the use of the
193 signature from his or her driver license or identification card
194 application for voter registration purposes.
195 (2) An application for a driver license or an
196 identification card must include a voter registration component.
197 The voter registration component must be approved by the
198 Department of State. The voter registration component of a
199 driver license or identification card application must contain
200 all of the following:
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201 (a) The minimum amount of information necessary to prevent
202 duplicate voter registrations and preserve the ability of the
203 department and supervisors of elections to assess the
204 eligibility of the applicant and administer voter registration
205 and other provisions of this code.
206 (b) A statement setting forth voting eligibility
207 requirements.
208 (c) An explanation that the applicant is consenting to the
209 use of his or her signature from the applicant's driver license
210 or identification card application for voter registration
211 purposes. By consenting to the us