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 103 2021
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 will
5 occur; amending s. 97.052, F.S.; conforming provisions
6 to changes made by the act; amending s. 97.053, F.S.;
7 providing that an applicant must designate a party
8 affiliation or select no party affiliation to be
9 registered to vote; requiring a supervisor of
10 elections to make a certain notification; requiring
11 the voter registration application to include certain
12 information; providing for the canvassing of
13 provisional ballots if certain information is provided
14 within a reasonable amount of time following an
15 election; repealing s. 97.055, F.S., relating to the
16 closure of registration books for an election;
17 repealing s. 97.0555, F.S., relating to late
18 registration to vote; creating s. 97.0556, F.S.;
19 providing that a person who meets certain requirements
20 may register to vote and cast a ballot on election day
21 or at an early voting site; amending s. 97.057, F.S.;
22 requiring the Department of Highway Safety and Motor
23 Vehicles to provide the opportunity to preregister to
24 vote to certain individuals; amending s. 97.0575,
25 F.S.; revising penalties for third parties collecting
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26 voter registration organizations; amending s. 98.065,
27 F.S.; providing additional requirements before a voter
28 can be made inactive; amending s. 98.0981, F.S.;
29 revising certain reports and data to conform with
30 changes made by the act; amending s. 99.061, F.S.;
31 authorizing a candidate to pay his or her
32 qualification fee with a cashier's check; amending s.
33 100.371, F.S.; providing a requirement for the
34 delivery of certain petitions; creating s. 100.51,
35 F.S.; establishing general election day as a paid
36 holiday; providing that any elector may absent himself
37 or herself from service or employment at a specific
38 time on a General Election Day and may not be
39 penalized or have pay reduced for such absence;
40 creating s. 101.016, F.S.; requiring the Division of
41 Elections to maintain a strategic elections equipment
42 reserve of voting systems and other equipment for
43 specified purposes; requiring such reserve to include
44 specified equipment; authorizing the division to
45 contract with specified entities rather than
46 physically maintain such reserve; amending s. 101.048,
47 F.S.; providing that a person may cast a provisional
48 vote in the county in which the voter claims to be
49 registered; amending s. 101.151, F.S.; revising the
50 order in which office titles and names of candidates
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51 are placed on the ballot; amending s. 101.5612, F.S.;
52 requiring a supervisor of elections to annually file a
53 plan for operations under certain conditions; amending
54 s. 101.62, F.S.; providing that a request for a vote-
55 by-mail ballot is valid until the request is canceled;
56 revising the deadline by which vote-by-mail ballots
57 must be received by a supervisor of elections;
58 revising the period during which a supervisor of
59 elections may deliver certain ballots; providing for
60 extension of deadlines under certain conditions;
61 amending s. 101.64, F.S.; requiring a supervisor of
62 elections to enclose a postage paid mailing envelope
63 with each vote-by-mail ballot; providing that vote-by-
64 mail ballot voter certificates may require a voter's
65 signature or the last four digits of the voter's
66 social security number; amending s. 101.65, F.S.;
67 revising instructions that must be provided with a
68 vote-by-mail ballot; amending s. 101.68, F.S.;
69 requiring a supervisor of elections to compare the
70 signature or partial social security number with the
71 signature or partial social security number in the
72 registration books or precinct register when
73 canvassing a vote-by-mail ballot; revising the time
74 period an elector may cure a vote-by-mail ballot;
75 amending s. 101.6952, F.S.; authorizing an absent
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76 voter to submit a federal write-in absentee ballot or
77 vote-by-mail ballot; revising requirements for the
78 canvassing of specified ballots; providing that a
79 certain presumption applies to vote-by-mail ballots
80 received from absent voters; requiring a vote-by-mail
81 ballot from an absent voter which is postmarked by a
82 certain date to be counted; amending s. 101.697, F.S.;
83 requiring the Department of State to adopt rules to
84 authorize a supervisor of elections to accept a voted
85 ballot by secure electronic means under certain
86 circumstances; amending s. 101.71, F.S.; prohibiting a
87 polling place from being located within a gated
88 community unless certain conditions are met; amending
89 s. 102.031, F.S.; removing a provision prohibiting the
90 restriction of solicitation by certain parties;
91 prohibiting the use of devices that amplify sound in
92 certain locations; amending s. 102.111, F.S.; revising
93 the dates by which the Elections Canvassing Commission
94 shall certify certain election returns; amending s.
95 102.112, F.S.; revising the deadlines for submission
96 of county returns to the Department of State; creating
97 s. 102.181, F.S.; authorizing certain persons to file
98 actions against a supervisor of elections for
99 noncompliance with the election code; providing that
100 such person is entitled to an immediate hearing;
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101 providing for the waiver of fees and costs and the
102 awarding of attorney fees; providing an effective
103 date.
104
105 Be It Enacted by the Legislature of the State of Florida:
106
107 Section 1. Subsection (1) of section 20.10, Florida
108 Statutes, is amended to read:
109 20.10 Department of State.—There is created a Department
110 of State.
111 (1) The head of the Department of State is the Secretary
112 of State. The Secretary of State shall be elected at the
113 statewide general election at which the Governor, Lieutenant
114 Governor, and Cabinet officers are elected as provided in s. 5,
115 Art. IV of the State Constitution, for a term of 4 years
116 beginning on the first Tuesday after the first Monday in January
117 of the year following such election appointed by the Governor,
118 subject to confirmation by the Senate, and shall serve at the
119 pleasure of the Governor. The Secretary of State shall perform
120 the functions conferred by the State Constitution upon the
121 custodian of state records.
122 Section 2. Subsection (6) of section 97.052, Florida
123 Statutes, is amended to read:
124 97.052 Uniform statewide voter registration application.—
125 (6) If a voter registration applicant fails to provide any
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126 of the required information on the voter registration
127 application form, the supervisor shall notify the applicant of
128 the failure by mail within 5 business days after the supervisor
129 has the information available in the voter registration system.
130 The applicant shall have an opportunity to complete the
131 application form to vote in the next election up until the book
132 closing for that next election.
133 Section 3. Subsections (2) and (4), paragraph (b) of
134 subsection (5), and subsection (6) of section 97.053, Florida
135 Statutes, are amended to read:
136 97.053 Acceptance of voter registration applications.—
137 (2) A voter registration application is complete and
138 becomes the official voter registration record of that applicant
139 when all information necessary to establish the applicant's
140 eligibility pursuant to s. 97.041 is received by a voter
141 registration official and verified pursuant to subsection (6).
142 If the applicant fails to complete his or her voter registration
143 application prior to the date of book closing for an election,
144 then such applicant shall not be eligible to vote in that
145 election.
146 (4) The registration date for a valid initial voter
147 registration application that has been mailed to a driver
148 license office, a voter registration agency, an armed forces
149 recruitment office, the division, or the office of any
150 supervisor in the state and bears a clear postmark is the date
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151 of that postmark. If an initial voter registration application
152 that has been mailed does not bear a postmark or if the postmark
153 is unclear, the registration date is the date the application is
154 received by any supervisor or the division, unless it is
155 received within 5 days after the closing of the books for an
156 election, excluding Saturdays, Sundays, and legal holidays, in
157 which case the registration date is the book-closing date.
158 (5)
159 (b) An applicant who fails to designate party affiliation
160 or affirmatively select no party affiliation may not must be
161 registered without party affiliation. The supervisor must notify
162 the voter by mail that the voter has not been registered without
163 party affiliation and that the voter must complete a new
164 registration application and designate a party affiliation or
165 affirmatively select no party affiliation. The voter
166 registration application must clearly denote this requirement
167 may change party affiliation as provided in s. 97.1031.
168 (6) A voter registration application may be accepted as
169 valid only after the department has verified the authenticity or
170 nonexistence of the driver license number, the Florida
171 identification card number, or the last four digits of the
172 social security number provided by the applicant. If a completed
173 voter registration application has been received by the book-
174 closing deadline but the driver license number, the Florida
175 identification card number, or the last four digits of the
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176 social security number provided by the applicant cannot be
177 verified, the applicant shall be notified that the number cannot
178 be verified and that the applicant must provide evidence to the
179 supervisor sufficient to verify the authenticity of the
180 applicant's driver license number, Florida identification card
181 number, or last four digits of the social security number. If
182 the applicant provides the necessary evidence, the supervisor
183 shall place the applicant's name on the registration rolls as an
184 active voter. If the applicant has not provided the necessary
185 evidence or the number has not otherwise been verified prior to
186 the applicant presenting himself or herself to vote, the
187 applicant shall be provided a provisional ballot. The
188 provisional ballot shall be counted only if the number is
189 verified by the end of the canvassing period or if the applicant
190 presents evidence to the supervisor of elections sufficient to
191 verify the authenticity of the applicant's driver license
192 number, Florida identification card number, or last four digits
193 of the social security number within a reasonable amount of time
194 after no later than 5 p.m. of the second day following the
195 election.
196 Section 4. Sections 97.055 and 97.0555, Florida Statutes,
197 are repealed.
198 Section 5. Section 97.0556, Florida Statutes, is created
199 to read:
200 97.0556 Same-day voter registration.—A person who meets
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201 the qualifications to register to vote in s. 97.041 and provides
202 the information required for the statewide voter registration
203 application in s. 97.052 may register to vote and cast a ballot
204 on election day or at an early voting site.
205 Section 6. Subsection (1) of section 97.057, Florida
206 Statutes, is amended to read:
207 97.057 Voter registration by the Department of Highway
208 Safety and Motor Vehicles.—
209 (1) The Department of Highway Safety and Motor Vehicles
210 shall provide the opportunity to preregister to vote, register
211 to vote, or to update a voter registration record to each
212 indi