Florida Senate - 2021 SB 1204



By Senator Thurston





33-01224-21 20211204__
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 notify an applicant who fails to be
11 registered; requiring the voter registration
12 application to include certain information; providing
13 for the canvassing of provisional ballots if certain
14 information is provided within a reasonable amount of
15 time following an election; repealing s. 97.055, F.S.,
16 relating to the closure of registration books for an
17 election; 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-party voter
26 registration organizations collecting voter
27 registration applications; amending s. 98.065, F.S.;
28 providing additional requirements before a voter can
29 be made inactive; amending s. 98.0981, F.S.; revising
30 certain reports and data to conform with changes made
31 by the act; amending s. 99.061, F.S.; authorizing a
32 candidate to pay his or her qualifying fee with a
33 cashier’s check; amending s. 100.371, F.S.; providing
34 a requirement for the delivery of certain petitions;
35 specifying that a digital signature that complies with
36 the Electronic Signature Act of 1996 satisfies the
37 requirement that a petition form must contain an
38 original signature; creating s. 100.51, F.S.;
39 designating General Election Day as a paid holiday;
40 providing that any elector may absent himself or
41 herself from service or employment at a specific time
42 on a General Election Day and may not be penalized or
43 have pay reduced for such absence; creating s.
44 101.016, F.S.; requiring the Division of Elections to
45 maintain a strategic elections equipment reserve of
46 voting systems and other equipment for specified
47 purposes; requiring such reserve to include specified
48 equipment; authorizing the division to contract with
49 specified entities rather than physically maintain
50 such reserve; amending s. 101.048, F.S.; providing
51 that a person may cast a provisional ballot in the
52 county in which the voter claims to be registered;
53 amending s. 101.151, F.S.; revising the order in which
54 office titles and names of candidates are placed on
55 the ballot; amending s. 101.5612, F.S.; requiring a
56 supervisor of elections to annually file a plan for
57 operations under certain conditions; amending s.
58 101.62, F.S.; providing that a request for a vote-by
59 mail ballot is valid until the request is canceled;
60 revising the deadline by which vote-by-mail ballots
61 must be received by a supervisor of elections;
62 revising the period during which a supervisor of
63 elections may deliver certain ballots; providing for
64 extension of deadlines under certain conditions;
65 amending s. 101.64, F.S.; requiring a supervisor of
66 elections to enclose a postage paid mailing envelope
67 with each vote-by-mail ballot; providing that vote-by
68 mail ballot voter certificates may require a voter’s
69 signature or the last four digits of the voter’s
70 social security number; amending s. 101.65, F.S.;
71 revising instructions that must be provided with a
72 vote-by-mail ballot; amending s. 101.68, F.S.;
73 requiring a supervisor of elections to compare the
74 signature or partial social security number with the
75 signature or partial social security number in the
76 registration books or precinct register when
77 canvassing a vote-by-mail ballot; revising the
78 timeframe during which an elector may cure a vote-by
79 mail ballot; amending s. 101.6952, F.S.; authorizing
80 an absent voter to submit a federal write-in absentee
81 ballot or vote-by-mail ballot; revising requirements
82 for the canvassing of specified ballots; providing
83 that a certain presumption applies to vote-by-mail
84 ballots received from absent voters; requiring a vote
85 by-mail ballot from an absent voter which is
86 postmarked by a certain date to be counted; amending
87 s. 101.697, F.S.; requiring the Department of State to
88 adopt rules to authorize a supervisor of elections to
89 accept a voted ballot by secure electronic means under
90 certain circumstances; amending s. 101.71, F.S.;
91 prohibiting a polling place from being located within
92 a gated community unless certain conditions are met;
93 amending s. 102.031, F.S.; removing a provision
94 prohibiting the restriction of solicitation by certain
95 parties; prohibiting the use of devices that amplify
96 sound in certain locations; amending s. 102.111, F.S.;
97 revising the dates by which the Elections Canvassing
98 Commission must certify certain election returns;
99 amending s. 102.112, F.S.; revising the deadlines for
100 submission of county returns to the Department of
101 State; creating s. 102.181, F.S.; authorizing certain
102 persons to file actions against a supervisor of
103 elections who fail to comply with the Florida Election
104 Code; providing that such person is entitled to an
105 immediate hearing; providing for the waiver of fees
106 and costs and the award of attorney fees; providing an
107 effective date.
108
109 Be It Enacted by the Legislature of the State of Florida:
110
111 Section 1. Subsection (1) of section 20.10, Florida
112 Statutes, is amended to read:
113 20.10 Department of State.—There is created a Department of
114 State.
115 (1) The head of the Department of State is the Secretary of
116 State. The Secretary of State shall be elected at the statewide
117 general election at which the Governor, Lieutenant Governor, and
118 Cabinet officers are elected as provided in s. 5, Art. IV of the
119 State Constitution, for a term of 4 years beginning on the first
120 Tuesday after the first Monday in January of the year following
121 such election appointed by the Governor, subject to confirmation
122 by the Senate, and shall serve at the pleasure of the Governor.
123 The Secretary of State shall perform the functions conferred by
124 the State Constitution upon the custodian of state records.
125 Section 2. Subsection (6) of section 97.052, Florida
126 Statutes, is amended to read:
127 97.052 Uniform statewide voter registration application.—
128 (6) If a voter registration applicant fails to provide any
129 of the required information on the voter registration
130 application form, the supervisor shall notify the applicant of
131 the failure by mail within 5 business days after the supervisor
132 has the information available in the voter registration system.
133 The applicant shall have an opportunity to complete the
134 application form to vote in the next election up until the book
135 closing for that next election.
136 Section 3. Subsections (2) and (4), paragraph (b) of
137 subsection (5), and subsection (6) of section 97.053, Florida
138 Statutes, are amended to read:
139 97.053 Acceptance of voter registration applications.—
140 (2) A voter registration application is complete and
141 becomes the official voter registration record of that applicant
142 when all information necessary to establish the applicant’s
143 eligibility pursuant to s. 97.041 is received by a voter
144 registration official and verified pursuant to subsection (6).
145 If the applicant fails to complete his or her voter registration
146 application prior to the date of book closing for an election,
147 then such applicant shall not be eligible to vote in that
148 election.
149 (4) The registration date for a valid initial voter
150 registration application that has been mailed to a driver
151 license office, a voter registration agency, an armed forces
152 recruitment office, the division, or the office of any
153 supervisor in the state and bears a clear postmark is the date
154 of that postmark. If an initial voter registration application
155 that has been mailed does not bear a postmark or if the postmark
156 is unclear, the registration date is the date the application is
157 received by any supervisor or the division, unless it is
158 received within 5 days after the closing of the books for an
159 election, excluding Saturdays, Sundays, and legal holidays, in
160 which case the registration date is the book-closing date.
161 (5)
162 (b) An applicant who fails to designate party affiliation
163 or affirmatively select no party affiliation may not must be
164 registered without party affiliation. The supervisor must notify
165 the voter by mail that the voter has not been registered without
166 party affiliation and that the voter must complete a new
167 registration application and designate a party affiliation or
168 affirmatively select no party affiliation. The voter
169 registration application must clearly denote this requirement
170 may change party affiliation as provided in s. 97.1031.
171 (6) A voter registration application may be accepted as
172 valid only after the department has verified the authenticity or
173 nonexistence of the driver license number, the Florida
174 identification card number, or the last four digits of the
175 social security number provided by the applicant. If a completed
176 voter registration application has been received by the book
177 closing deadline but the driver license number, the Florida
178 identification card number, or the last four digits of the
179 social security number provided by the applicant cannot be
180 verified, the applicant shall be notified that the number cannot
181 be verified and that the applicant must provide evidence to the
182 supervisor sufficient to verify the authenticity of the
183 applicant’s driver license number, Florida identification card
184 number, or last four digits of the social security number. If
185 the applicant provides the necessary evidence, the supervisor
186 shall place the applicant’s name on the registration rolls as an
187 active voter. If the applicant has not provided the necessary
188 evidence or the number has not otherwise been verified prior to
189 the applicant presenting himself or herself to vote, the
190 applicant shall be provided a provisional ballot. The
191 provisional ballot shall be counted only if the number is
192 verified by the end of the canvassing period or if the applicant
193 presents evidence to the supervisor of elections sufficient to
194 verify the authenticity of the applicant’s driver license
195 number, Florida identification card number, or last four digits
196 of the social security number within a reasonable amount of time
197 after no later than 5 p.m. of the second day following the
198 election.
199 Section 4. Sections 97.055 and 97.0555, Florida Statutes,
200 are repealed.
201 Section 5. Section 97.0556, Florida Statutes, is created to
202 read:
203 97.0556 Same-day voter registration.—A person who meets the
204 qualifications to register to vote in s. 97.041 and provides the
205 information required for the uniform statewide voter
206 registration application prescribed in s. 97.052 may register to
207 vote and cast a ballot on election day or at an early voting
208 site.
209 Section 6. Subsection (1) of section 97.057, Florida
210 Statutes, is amended to read:
211 97.057 Voter registration by the Department of Highway
212 Safety and Motor Vehicles.—
213 (1) The Department of Highway Safety and Motor Vehicles
214 shall provide the opportunity to preregister to vote, register
215 to vote, or to update a voter registration record to each
216 individual who comes to an office of that department to:
217 (a) Apply for or renew a driver license;
218 (b) Apply for or renew an identification card pursuant to
219 chapter 322; or
220 (c) Change an address on an existing driver license or
221 identification card.
222 Section 7. Paragraph (a) of subsection (3) of section
223 97.0575, Florida Statutes, is amended to read:
224 97.0575 Third-party voter registrations.—
225 (3)(a) A third-party voter registration organization that
226 collects voter registration applications serves as a fiduciary
227 to the applicant, ensuring that any voter registration
228 application entrusted to the organization, irrespective of party
229 affiliation, race, ethnicity, or gender, shall be promptly
230 delivered to the division or the supervisor of elections within
231 48 hours after the applicant completes it or the next business
232 day if the appropriate office is closed for that 48-hour period.
233 If a voter registration application collected by any third-party
234 voter registration organization is not promptly delivered to the
235 division or supervisor of elections, the third-party voter
236 registration organization is liable for the following fines:
237 1. A fine in the amount of $50 for each application
238 received by the division or the supervisor of elections more
239 than 48 hours after the applicant delivered the completed voter
240 registration application to the third-party voter registration
241 organization or any person, entity, or agent acting on its
242 behalf or the next business day, if the office is closed. A fine
243 in the amount of $250 for each application received if the
244 third-party voter registration organization or person, entity,
245 or agency acting on its behalf acted willfully.
246 2. A fine in the amount of $100 for each application
247 collected by a third-party voter registration organization or
248 any person, entity, or agent acting on its behalf, before book
249 closing for any given election for federal or state office and
250 received by the division or the supervisor of elections after
251 the book-closing deadline for such election. A fine in the
252 amount of $500 for each application received if the third-party
253 registration organization or person, entity, or agency acting on
254 its behalf acted willfully.
255 3. A fine in the amount of $500 for each application
256 collected by a third-party voter registration organization or
257 any person, entity, or agent acting on its behalf, which is not
258 submitted to the division or supervisor of elections. A fine in
259 the amount of $1,000 for any application not submitted if the
260 third-party voter registration organization or person, entity,
261 or agency acting on its behalf acted willfully.
262
263 The aggregate fine pursuant to this paragraph which may be
264 assessed against a third-party voter registration organization,
265 including affiliate organizations, for violations committed in a
266 calendar year is $1,000.
267 Section 8. Paragraph (c) of subsection (4) of section
268 98.065, Florida Statutes, is amended to read:
269 98.065 Registration list maintenance programs.—
270 (4)
271 (c) The supervisor must designate as inactive all voters
272 who have not voted in at least one of the last two general
273 elections, who have been sent an address confirmation final
274 notice, and who have not returned the postage prepaid,
275 preaddressed return form within 30 days or for which the final
276 notice has been returned as undeliverable. Names on the inactive
277 list may not be used to calculate the number of signatures
278 needed on any petition. A voter on the inactive list may be
279 restored to the active list of voters upon the voter updating
280 his or her registration, requesting a vote-by-mail ballot, or
281 appearing to vote. However, if the voter does not u