Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 965 Election Board Composition
SPONSOR(S): Daniels
TIED BILLS:       IDEN./SIM. BILLS: SB 782
  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF
  1) Ethics, Elections & Open Government                                              Skinner            Toliver
     Subcommittee
  2) State Affairs Committee
                                               SUMMARY ANALYSIS
The election board consists of poll workers known as clerks and inspectors that are appointed to conduct an
election. The supervisor of elections (supervisor) of each county appoints an election board for each precinct in
the county and conducts training for board members before each election. Election boards have a number of
statutory duties relating to the conduct of elections, including:
     Attending the polling place by 6:00 a.m. of the day of the election.
     Checking in voters and confirming their identity.
     Overseeing the casting of ballots by eligible voters.
     Counting the ballots cast and securing the voting devices against further voting.
     Proclaiming the results.
Current law provides that an election board may not be composed solely of members of one political party.
However, in any primary in which only one party has candidates appearing on the ballot, all clerks and
inspectors may be of that party.
The bill requires each election board to include at least one member from each of the two largest political
parties in the state.
The bill does not appear to have a fiscal impact on state or local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0965.EEG
DATE: 1/22/2024
                                                         FULL ANALYSIS
                                                 I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Background
         The election board consists of poll workers known as clerks 1 and inspectors that are appointed to
         conduct an election.2 The clerk is in charge of and responsible for seeing that the election board carries
         out its duties and responsibilities.3 The supervisor of elections (supervisor) of each county must, at
         least 20 days prior to the holding of any election, appoint an election board for each precinct4 in the
         county.5 The supervisor must conduct training for clerks and inspectors before each election.6 Election
         boards have a number of statutory duties relating to the conduct of elections, including:
              Attending the polling place by 6:00 a.m. of the day of the election.7
              Arranging the furniture, stationery, and voting equipment. 8
              Checking in voters and confirming their identity.9
              Overseeing the casting of ballots by eligible voters. 10
              Counting the ballots cast and securing the voting devices against further voting.11
              Proclaiming the results.12
         Election boards have “full authority to maintain order at the polls and enforce obedience to [the board’s]
         lawful commands during an election and the canvass of the votes.”13 While carrying out their duties, if
         any questions “arise before the members of an election board, the decision of a majority of [the board]
         shall decide the question.”14
         The election board may not be composed solely of members of one political party. 15 However, in any
         primary in which only one party has candidates appearing on the ballot, all clerks and inspectors may
         be of that party.16 A person whose name appears on the ballot as an opposed candidate is not eligible
         to serve on an election board.17 Each member of the election board must be able to read and write the
         English language and be a registered qualified elector of the county in which the member is appointed
         or a person who has preregistered18 to vote in the county in which the member is appointed.19
1 A “clerk” means “[t]he person who is in charge of a polling place during an election. The term also refers to the supervisor or site
manager at early voting sites.” Department of State, Division of Elections, Polling Place Procedure Manual, available at
https://files.floridados.gov/media/703005/adopted-clean-de11_pollplaceprocmanual.pdf (last visited Jan. 21, 2024).
2 Section 97.021(14), F.S.; see also s. 102.012(1)(a), F.S.
3 Section 102.012(1)(a), F.S.
4 A “precinct” refers to “geographic areas that local government has divided for election purposes. The voter’s residential address
within a particular geographic area determines which issues and offices a voter can vote upon in an election.” Department of State,
Division of Elections, Polling Place Procedure Manual, available at https://files.floridados.gov/media/703005/adopted-clean-
de11_pollplaceprocmanual.pdf (last visited Jan. 21, 2024).
5 Section 102.012(1)(a), F.S.
6 Section 102.014(1), F.S.
7 Section 102.012(4), F.S.
8 Id.
9 Section 101.043(1), F.S.
10 Section 102.031, F.S.
11 Section 101.5614(1), F.S.
12 Section 102.071, F.S.
13 Section 102.031(1), F.S.
14 Section 102.012(1)(a), F.S.
15 Section 102.012(2), F.S.
16 Id.
17 Id.
18 A person who is otherwise qualified may pre-register on or after that person’s 16th birthday and may vote in any election occurring
on or after that person’s 18th birthday. Section 97.041(1)(b), F.S.
19 Section 102.012(2), F.S.
STORAGE NAME: h0965.EEG                                                                                                        PAGE: 2
DATE: 1/22/2024
         Each member of the election board must take and subscribe to an oath or affirmation that he or she will
         perform the duties of inspector or clerk “according to law and will endeavor to prevent all fraud, deceit,
         or abuse in conducting the election.”20
         Effect of the Bill
         The bill requires each election board to include at least one member from each of the two largest
         political parties in the state.21
     B. SECTION DIRECTORY:
         Section 1 amends s. 102.012, F.S., relating to inspectors and clerks conducting elections.
         Section 2 provides an effective date of July 1, 2024.
                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
     A. FISCAL IMPACT ON STATE GOVERNMENT:
         1. Revenues:
              None.
         2. Expenditures:
              None.
     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
         1. Revenues:
              None.
         2. Expenditures:
              None.
     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.
     D. FISCAL COMMENTS:
         None.
20 Section 102.012(1)(a), F.S.
21 The two largest political parties , by number of voters affiliated, in the state are the Republican Party of Florida and the Florida
Democratic Party. Department of State, Division of Elections, Voter Registration – By Party Affiliation, available at
https://dos.fl.gov/elections/data-statistics/voter-registration-statistics/voter-registration-reports/voter-registration-by-party-affiliation/
(last visited Jan. 21, 2024).
STORAGE NAME: h0965.EEG                                                                                                                PAGE: 3
DATE: 1/22/2024
                                               III. COMMENTS
   A. CONSTITUTIONAL ISSUES:
       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.
       2. Other:
          None.
   B. RULE-MAKING AUTHORITY:
       The Department of State may be required to alter certain rules, and material incorporated by reference
       to those rules, to conform to the bill. The Department of State has adequate existing rulemaking
       authority under s. 97.012(1), F.S., to do so.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.
STORAGE NAME: h0965.EEG                                                                                   PAGE: 4
DATE: 1/22/2024
Statutes affected: 
H 965 Filed: 102.012