HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 135 Voter Registration Applications
SPONSOR(S): State Affairs Committee, Gossett-Seidman, Caruso and others
TIED BILLS: IDEN./SIM. BILLS: SB 1256
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Ethics, Elections & Open Government 16 Y, 0 N Skinner Toliver
Subcommittee
2) Infrastructure & Tourism Appropriations 12 Y, 0 N McAuliffe Davis
Subcommittee
3) State Affairs Committee 17 Y, 0 N, As CS Skinner Williamson
SUMMARY ANALYSIS
The Florida voter registration application is required to elicit certain information from an applicant, including:
name; date of birth; address of legal residence; party affiliation; and whether the application is being used for
initial registration, to update a voter registration record, or to request a replacement voter information card.
Under the National Voter Registration Act (NVRA), state motor vehicle authorities are required to allow
individuals to register to vote in federal elections when applying for or renewing a driver license. The Florida
Department of Highway Safety and Motor Vehicles (DHSMV) implements the NVRA by providing an applicant
“the opportunity to register to vote or to update a voter registration record” when the applicant applies for or
renews a driver license or an identification card or changes an address on an existing driver license or
identification card.
The bill prohibits the party affiliation of an applicant who is updating his or her voter registration record from
being changed unless the applicant designates and consents in writing to change his or her party affiliation.
The bill prohibits DHSMV from:
Using a voter registration application to change the party affiliation of an applicant, unless the applicant
designates a change in party affiliation and provides a separate signature consenting to the party
affiliation change.
Updating a voter’s registration record to change party affiliation, unless the individual designates the
change and separately consents to such change in writing.
After verifying the voter registration information and receiving the applicant’s electronic signature, the bill
requires DHSMV to provide the applicant with a printed receipt that includes the submitted voter registration
information and document any change in party affiliation.
The bill requires driver license examiners providing voter registration services to ask certain questions, as well
as prohibits certain questions, regarding voter registration and requires DHSMV to record when a person
chooses not to disclose his or her voter registration status and forward such information to the Department of
State.
Lastly, the bill requires DHSMV to ensure that technology processes and updates do not alter an applicant’s
party affiliation without the written consent of the applicant and requires DHSMV to be in full compliance with
the bill’s requirements within three months after the bill becomes law.
The bill has an indeterminate, but likely insignificant, negative fiscal impact on state government expenditures
and does not appear to have a fiscal impact on local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/21/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
National Voter Registration Act of 1993
Congress passed the National Voter Registration Act (NVRA) in 1993 1 “to establish procedures that will
increase the number of eligible citizens who register to vote in elections for Federal office,” while also
ensuring “that accurate and current voter registration rolls are maintained.” 2 The NVRA requires,
among other things, that each state allow a driver license application or a renewal application submitted
to a state motor vehicle authority to also serve as a voter registration application with respect to
elections for Federal office, unless the applicant fails to sign the voter registration application.3 The
voter registration application portion of a driver license application is prohibited by the NVRA from
requiring any information that duplicates information4 required in the driver license portion of the form.5
The NVRA requires a voter registration application to include the following:
A statement of each voter eligibility requirement (including citizenship).
An attestation that the applicant meets each eligibility requirement.
A signature of the applicant, under penalty of perjury.6
A voter registration application submitted to a state motor vehicle authority by a person who has
already registered to vote is considered as updating the person’s voter registration. 7
Florida Department of Highway Safety and Motor Vehicles and Voter Registration
The Florida Election Code8 implements the NVRA by requiring the Department of Highway Safety and
Motor Vehicles (DHSMV)9 to provide an applicant “the opportunity to register to vote or to update a
voter registration record” when he or she takes any of the following actions:
Applies for or renews a driver license.
Applies for or renews an identification card (I.D. card). 10
Changes an address on an existing driver license or I.D. card. 11
DHSMV must notify each applicant, orally or in writing, that:12
Information gathered for a driver license or I.D. card application, renewal, or change of address
can be automatically transferred to a voter registration application.
If he or she submits additional information and provides his or her signature, the voter
registration application will be completed and thereafter sent to the proper election authority.
Any information provided by him or her may also be used to update an existing voter
registration record.
If he or she declines to register to vote, such declination will remain confidential and may be
used only for voter registration purposes.13
1 National Voter Registration Act of 1993, P.L. 103-31.
2 52 U.S.C. § 20501.
3 52 U.S.C. § 20504(a)(1). This provision of the NVRA has given the act the colloquial designation by which the bill is most
commonly known: the “Motor-Voter” law.
4 Additionally, the NVRA requires that a voter registration application issued in conjunction with an application for a driver’s license
only contain the minimum amount of information necessary to prevent duplicate voter registration and to enable state election officials
to assess applicant eligibility and administer voter registration and other parts of the election process. 52 U.S.C. §20504(c)(2)(B).
5 52 U.S.C. §20504(c)(2)(A).
6 52 U.S.C. §20504(c)(2)(C).
7 52 U.S.C. §20504(a)(2).
8 Chapters 97-106, F.S., are known as the Florida Election Code. Section 97.011, F.S
9 DHSMV and certain county tax collectors have entered into statutorily authorized contracts, whereby tax collectors may deliver full
or limited driver license services on behalf of the department. See s. 322.02, F.S.
10 See s. 322.051, F.S.
11 Section 97.057(1), F.S.
12 Section 97.057(2)(a), F.S.
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The driver license office in which he or she applies to register to vote or updates a voter
registration record will remain confidential and may be used only for voter registration
purposes.14
During the process of completing a driver license or I.D. card application, renewal, or change of
address, each driver license examiner 15 must ask orally, or in writing if the person is hearing impaired,
whether he or she wants to register to vote or update his or her voter registration record. 16 If the person
responds in the affirmative, all applicable information used by DHSMV to fill out the application,
renewal, or change of address is transferred to the voter registration application. 17 The voter
registration application must be the same in content, format, and size as the uniform statewide voter
registration application.18 After the applicable information has been transferred, the person will be
asked to provide any additional information necessary for the voter registration application to be
complete.19 The completed voter registration application must be presented to the person for him or her
to review and verify.20 Once the person reviews and verifies the information, he or she must provide an
electronic signature affirming the accuracy of the information. 21 DHSMV must electronically transmit
completed voter registration applications within 24 hours to the statewide voter registration system,22
which is administered by the Department of State (DOS). 23
If an applicant declines to register to vote, update his or her voter registration record, or change his or
her address by either orally declining or by failing to sign the completed voter registration application,
DHSMV must note the declination and forward the information to the statewide voter registration
system.24
A driver license examiner providing voter registration services is prohibited from:
Seeking to influence an applicant’s political preference or party registration;
Displaying any political preference or party allegiance;
Making any statement to an applicant or taking any action the purpose or effect of which is to
discourage the person from registering to vote; or
Disclosing any applicant’s voter registration information except as needed for the administration
of voter registration.25
The Florida Election Code provides an adjudicatory mechanism for a person who has suffered from an
alleged violation of the NVRA.26 A written complaint that states the alleged violation may be filed with
DOS.27 Once received, the parties to the complaint must be given an opportunity to resolve the issue
13 The NVRA requires that declinations to register to vote be kept confidential. 52 U.S.C. § 20504(c)(2)(D)(ii); see also s.
97.0585(1)(a), F.S., providing a public record exemption for such declinations.
14 The NVRA requires that the office at which an applicant submits a voter registration application be kept confidential. 52 U.S .C. §
20504(c)(2)(D)(iii); see also s. 97.0585(1)(b ), F.S., providing a public record exemption for information relating to the place where a
person registered to vote or where he or she updated a registration record.
15 DHSMV is required to designate persons as “driver license examiners,” who are tasked with conducting examinations, making
factual reports of findings and recommendations as DHSMV may require, and enforcing the following: all driver license laws;
suspension, revocation, and cancellation orders; and laws relating to the registration of motor vehicles. Section 322.13, F.S .
16 Section 97.057(2)(b), F.S.
17 Section 97.057(2)(b)1., F.S.
18 Section 97.057(3)(a), F.S.; see s. 97.052, F.S.
19 However, the additional information may not duplicate information already obtained by the driver license examiner. Section
97.057(2)(b)1.b., F.S.
20 Section 97.057(2)(b)1.c., F.S.
21 Id.
22 See ss. 97.012(11) and 98.035, F.S.
23 If the voter registration application was completed via a physical paper document, DHSMV must forward the document within fiv e
days to the supervisor of elections of the applicable county. Section 97.057(4), F.S.
24 Section 97.057(2)(b)2., F.S. This voter registration information transmittal is in addition to other types of information required to be
submitted weekly by DHSMV to DOS. See s. 98.093(8), F.S.
25 Section 97.057(6), F.S.
26 Section 97.023, F.S.; see also r. 1S-2.036, F.A.C.
27 Section 97.023(1)(a) and (b), F.S.
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through an informal dispute resolution process.28 If the informal dispute resolution process fails to
resolve the issue, the complainant may bring an action in the respective circuit court for declaratory or
injunctive relief if he or she gave proper written notice to the Secretary of State and an agreement was
not reached or the alleged violation was not corrected within 90 days after the notice — or 20 days of
the notice if the alleged violation occurred within 120 days before the date of an election. 29
Statewide Voter Registration Application
DOS must create a uniform statewide voter registration application (VR application) by rule 30 that elicits
the following information:
Name.
Date of birth.
Address of legal residence.31
Mailing address (if different from address of legal residence).
E-mail address and whether the applicant wishes to receive sample ballots by e-mail.
County of legal residence.
Race or ethnicity.
State or country of birth.
Sex.
Party affiliation.
Whether the applicant needs assistance in voting.
Name and address where last registered.
Last four digits of the applicant’s social security number.
Florida driver license number or the identification number from a Florida I.D. card.
An indication, if applicable, that the applicant has not been issued a Florida driver license, a
Florida I.D. card, or a social security number.
Telephone number (optional).
Signature of the applicant under penalty for false swearing. 32
Whether the application is being used for initial registration, to update a voter registration
record, or to request a replacement voter information card.
Whether the applicant is a citizen of the United States by asking the question “Are you a citizen
of the United States of America?”
Whether the applicant has been convicted of a felony and if convicted, has had his or her voting
rights restored.
Whether the applicant has been adjudicated mentally incapacitated with respect to voting or, if
so adjudicated, has had his or her right to vote restored.33
The VR application must also contain the following constitutionally required oath:34
I do solemnly swear (or affirm) that I will protect and defend the Constitution of
the United States and the Constitution of the State of Florida, and that I am
28 Section 97.023(2), F.S. If the alleged violation occurred within 30 days before a state or federal election and the alleged violation
will affect the registrant’s right to vote in such election, the registrant may immediately bring an action in the circuit co urt in the
county where the alleged violation occurred. Section 97.023(3), F.S.
29 Section 97.023(3), F.S.
30 Section 97.052(1), F.S.; see r. 1S-2.040, F.A.C., incorporating the uniform statewide voter registration application by reference.
Uniform Statewide Voter Registration Application, DS-DE 39, available at
https://www.flrules.org/gateway/readRefFile.asp?refId=3171&filename=Voter%20Reg%20App%20 -%20DS-DE%2039%20-
%20adoption.doc (last visited Jan. 24, 2024).
31 “Address of legal residence” means the legal residential address of the elector and includes all information necessary to differentiate
one residence from another, including, but not limited to, a distinguishing apartment, suite, lot, room, or dormitory room nu mber or
other identifier. Section 97.021(3), F.S.
32 See s. 104.011, F.S., for penalties for false swearing.
33 Section 97.052(2), F.S.
34 Section 97.052(3)(a), F.S.
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qualified to register as an elector under the Constitution and laws of the State of
Florida.35
Voter Registration and Party Affiliation
If a person fails to designate a party when he or she initially registers to vote, the supervisor of elections
(supervisor) must designate that person as registered without party affiliation, also known as No Party
Affiliation (NPA).36 The supervisor must notify the voter of such designation and how he or she may
change party affiliation.37 Once registered, a voter’s currently recorded political party affiliation may not
be changed unless the voter indicates otherwise.38 If a voter does wish to update the party affiliation on
his or her voter registration record, he or she must notify the supervisor by submitting a VR application
indicating such.39 After a voter’s party affiliation is changed, the supervisor issues that person a new
voter information card.40
Effect of the Bill
The bill prohibits the party affiliation of an applicant who is updating his or her voter registration record
from being changed unless the applicant designates and consents in writing to change his or her party
affiliation.
The bill prohibits DHSMV from:
Using a voter registration application to change the party affiliation of an applicant, unless the
applicant designates a change in party affiliation and provides a separate signature consenti