THE BILL ITSELF
CS/CS/SB 1334
Elections
Florida Senate - 2026 CS for CS for SB 1334 By the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Ethics and Elections; and Senator Grall 606-03019-26 20261334c2
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A bill to be entitled
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An act relating to elections; amending s. 97.021,
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F.S.; revising definitions; defining the term
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“document acceptable as evidence of United States
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citizenship”; amending s. 97.052, F.S.; revising the
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information the uniform statewide voter registration
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application is designed to elicit from an applicant to
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include a certain acknowledgment; amending s. 97.0525,
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F.S.; requiring that the online voter registration
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system transmit specified information to the
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supervisor of elections under specified circumstances;
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requiring that the applicant’s legal status as a
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United States citizen be recorded in the statewide
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voter registration system; requiring that if the
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records of the Department of Highway Safety and Motor
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Vehicles indicate that an applicant is not a United
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States citizen or has not provided acceptable evidence
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of citizenship, the online voter registration system
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must notify the supervisor of the applicant’s legal
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status and transmit the application to the supervisor;
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providing that an applicant’s digital signature
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satisfies a certain requirement; providing that if an
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applicant’s name and date of birth cannot be verified,
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the system must populate certain information into a
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printable version of the registration application;
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requiring the applicant to print, complete, sign,
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date, and deliver such application to the supervisor;
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requiring that the online voter registration system
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populate an applicant’s information and direct the
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applicant to perform specified actions under specified
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conditions; conforming a cross-reference; amending s.
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97.053, F.S.; providing that applications to update a
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voter’s record are retroactive under a specified
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condition; requiring supervisors to verify a voter’s
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legal status as a United States citizen using
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specified sources and initiate a certain notice if
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applicable; amending s. 97.057, F.S.; requiring that
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an agreement between the Department of Highway Safety
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and Motor Vehicles and the Department of State match
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information regarding the legal status as a United
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States citizen of applicants applying to vote;
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requiring the Department of State to include specified
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information in the statewide voter registration
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system; requiring the Department of Highway Safety and
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Motor Vehicles to assist the Department of State in
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identifying certain changes in information for persons
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who may be voters; deleting a provision requiring the
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Department of State to report certain changes to
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supervisors; amending s. 98.015, F.S.; authorizing the
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office of the supervisor of elections to close to
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observe certain holidays under a specified condition;
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amending s. 98.045, F.S.; requiring supervisors to
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verify the current eligibility of certain applicants
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within a specified timeframe by reviewing specified
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information provided by governmental entities to make
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a determination under specified conditions; requiring
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the supervisor to deny the application and notify the
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applicant if a certain determination is made; amending
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s. 98.075, F.S.; requiring the Department of State to
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identify certain voters by comparing or receiving
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information from specified sources; requiring the
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Department of State to review such information and
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make an initial determination; requiring the
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department to notify the supervisor if certain
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information is credible and reliable and provide a
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copy of specified documentation to the supervisor;
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requiring the supervisor to adhere to specified
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procedures to remove the voter’s name from the
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statewide voter registration system; requiring the
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supervisor to record in the statewide voter
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registration system the type of document provided as
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evidence of United States citizenship; amending s.
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98.093, F.S.; revising the information that the
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Department of Highway Safety and Motor Vehicles is
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required to furnish weekly to the Department of State;
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requiring the Department of State to report certain
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information to supervisors within a specified
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timeframe and for supervisors to update the voter
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registration records; requiring that the Department of
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State use certain information from federal jury
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coordinators to identify voters and applicants who are
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potentially ineligible; amending s. 99.012, F.S.;
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prohibiting a person from qualifying for nomination as
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a candidate of a political party if the person has not
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been a registered member of such party for a specified
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timeframe; prohibiting a person from qualifying for
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specified public office if the person has changed his
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or her name within a specified timeframe; providing
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applicability; amending s. 99.021, F.S.; revising the
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form of candidate oath to conform to changes made by
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the act; amending ss. 101.151 and 101.5606, F.S.;
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conforming provisions to changes made by the act;
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amending s. 101.56075, F.S.; requiring that all voting
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be done by official ballot using certain pens;
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providing an exception; amending s. 101.5608, F.S.;
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deleting the requirement that the stub be removed from
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the ballot and placed in an envelope; conforming
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provisions to changes made by the act; amending s.
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101.5612, F.S.; conforming provisions to changes made
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by the act; amending s. 102.111, F.S.; revising the
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meeting times of the Elections Canvassing Commission
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to certify elections returns; amending s. 102.141,
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F.S.; requiring that supervisors upload certain
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results by a specified local time; requiring the
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supervisors, on behalf of the canvassing boards, to
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report all early voting and all tabulated vote-by-mail
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ballots to the department; requiring canvassing boards
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to periodically report updated precinct election
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results by uploading the results to the department;
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conforming provisions to changes made by the act;
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amending s. 102.166, F.S.; conforming provisions to
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changes made by the act; creating s. 104.51, F.S.;
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requiring that certain prosecutions be commenced
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within a specified timeframe after a specified
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violation is committed; creating s. 322.034, F.S.;
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requiring, by a specified date, that Florida driver
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licenses and Florida identification cards issued to
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qualified applicants include the legal citizenship
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status of the applicant on the license or card;
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requiring the Department of Highway Safety and Motor
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Vehicles to issue, at no charge, Florida driver
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licenses and Florida identification cards to certain
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licensees and cardholders; amending s. 121.121, F.S.;
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conforming a cross-reference; reenacting s. 98.065(6),
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F.S., relating to registration list maintenance
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programs, to incorporate the amendment made to s.
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98.075, F.S., in a reference thereto; reenacting s.
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101.69(2)(a), F.S., relating to the offices of the
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supervisor of elections being open during elections to
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receive vote-by-mail ballots in secure ballot intake
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stations, to incorporate the amendment made to s.
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98.015, F.S., in a reference thereto; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (10) through (47) of section
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97.021, Florida Statutes are redesignated as subsections (11)
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through (48), respectively, a new subsection (10) is added to
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that section, and subsection (6) and present subsections (43)
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and (47) of that section are amended, to read:
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97.021 Definitions.—For the purposes of this code, except
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where the context clearly indicates otherwise, the term:
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(6) “Ballot” or “official ballot” means a printed sheet of
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paper containing contests, including offices and candidates,
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constitutional amendments, and other public measures, upon which
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a voter’s selections will be marked by using a pen compatible
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with or recommended for use with the voting system, for
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tabulation by the voting system. The term includes a voter
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verifiable paper output upon which a voter’s selections are
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marked by a voter interface device that meets voter
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accessibility requirements for individuals with disabilities
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under s. 301 of the federal Help America Vote Act of 2002 and s.
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101.56062 when used in reference to:
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(a) “Electronic or electromechanical devices” means a
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ballot that is voted by the process of electronically
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designating, including by touchscreen, or marking with a marking
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device for tabulation by automatic tabulating equipment or data
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processing equipment .
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(b) “Marksense ballots” means that printed sheet of paper,
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used in conjunction with an electronic or electromechanical vote
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tabulation voting system, containing the names of candidates, or
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a statement of proposed constitutional amendments or other
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questions or propositions submitted to the electorate at any
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election, on which sheet of paper an elector casts his or her
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vote.
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(10) “Document acceptable as evidence of United States
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citizenship” means any of the following documents:
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(a) An original or certified copy of a United States birth
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certificate.
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(b) A valid, unexpired United States passport.
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(c) A naturalization certificate issued by the United
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States Department of Homeland Security.
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(d) A Consular Report of Birth Abroad provided by the
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United States Department of State.
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(e) A current and valid Florida driver license or Florida
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identification card issued by the Department of Highway Safety
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and Motor Vehicles, if such license or identification card
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indicates United States citizenship.
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(f) A current and valid photo identification issued by the
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Federal Government or the state which indicates United States
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citizenship.
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(g) An order from a federal court granting United States
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citizenship.
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If the voter registration applicant’s or the voter’s legal name
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is different from the name that appears on the document,
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official legal documentation providing proof of legal name
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change is also required to constitute acceptable evidence of
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United States citizenship.
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(44) (43) “Voter interface device” means any device that
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communicates voting instructions and ballot information to a
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voter and allows the voter to select and vote for candidates and
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issues. A voter interface device may not be used to tabulate
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votes. Any vote tabulation must be based upon a subsequent scan
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of the marked marksense ballot or the voter-verifiable paper
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output after the voter interface device process has been
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completed.
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(48) (47) “Voting system” means a method of casting and
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processing votes which that functions wholly or partly by use of
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electromechanical or electronic apparatus or by use of marksense
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ballots and includes, but is not limited to, the equipment,
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hardware, firmware, and software; the ballots; the procedures
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for casting and processing votes ; and the programs, operating
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manuals, and supplies ; and the reports , printouts, and other
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documentation software necessary for the system’s operation.
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Section 2. Present paragraphs (q) through (u) of subsection
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(2) of section 97.052, Florida Statutes, are redesignated as
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paragraphs (r) through (v), respectively, and a new paragraph
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(q) is added to that subsection, to read:
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97.052 Uniform statewide voter registration application.—
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(2) The uniform statewide voter registration application
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must be designed to elicit the following information from the
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applicant:
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(q) Acknowledgment, by providing a box for the applicant to
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check, that it is a third degree felony under state and federal
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law to falsely swear or affirm or otherwise submit false
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information on a voter registration application.
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Section 3. Subsection (4) of section 97.0525, Florida
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Statutes, is amended to read:
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97.0525 Online voter registration.—
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(4)(a) The online voter registration system must shall
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compare the Florida driver license number or Florida
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identification number submitted pursuant to s. 97.052(2)(n) with
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information maintained by the Department of Highway Safety and
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Motor Vehicles to confirm that the name and date of birth on the
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application are consistent with the records of the Department of
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Highway Safety and Motor Vehicles.
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(b) If the applicant’s name and date of birth are
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consistent with the records of the Department of Highway Safety
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and Motor Vehicles and the records of the Department of Highway
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Safety and Motor Vehicles indicate that the applicant has
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provided a document acceptable as evidence of United States
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citizenship , the online voter registration system must shall
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transmit, using the statewide voter registration system
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maintained pursuant to s. 98.035, the applicant’s registration
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application, along with the digital signature of the applicant
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on file with the Department of Highway Safety and Motor
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Vehicles, to the supervisor of elections. The applicant’s
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digital signature satisfies the signature requirement of s.
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97.052(2)(r) s. 97.052(2)(q) . The applicant’s legal status as a
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United States citizen must be recorded in the statewide voter
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registration system.
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(c) If the applicant’s name and date of birth match the
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records of the Department of Highway Safety and Motor Vehicles,
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but the records of the Department of Highway Safety and Motor
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Vehicles indicate the applicant is not a United States citizen
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or has not provided a document acceptable as evidence of United
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States citizenship, the online voter registration system must
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notify the supervisor of elections that the applicant’s legal
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status as a United States citizen could not be verified and
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transmit, using the statewide voter registration system
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maintained pursuant to s. 98.035, the applicant’s registration
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application, along with the digital signature of the applicant
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on file with the Department of Highway Safety and Motor
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Vehicles, to the supervisor of elections. The applicant’s
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digital signature satisfies the signature requirement of s.
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97.052(2)(r).
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(d) If the applicant’s name and date of birth cannot be
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verified by the records of the Department of Highway Safety and
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Motor Vehicles, or if the applicant indicated that he or she has
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not been issued a Florida driver license or Florida
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identification card, the online voter registration system must
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shall populate the applicant’s information , except for the
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applicant’s Florida driver license number, Florida
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identification card number, or social security number, into a
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printable voter registration application pursuant to s.
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97.052(2) which and direct the applicant may to print, complete,
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sign, and date , the application and deliver the application to
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the supervisor of elections for disposition pursuant to s.
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97.073.
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(e) If the applicant indicates that he or she has not been
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issued a Florida driver license or identification card, or
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chooses to use the system to prepopulate an application to
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print, sign, date, and deliver to the supervisor, the online
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voter registration system must populate the applicant’s
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information into a printable voter registration application
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pursuant to s. 97.052(2) and direct the applicant to print,
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sign, and date the application and deliver the application to
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the supervisor for disposition under s. 97.073.
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Section 4. Subsections (2), (4), and (6) of section 97.053,
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Florida Statutes, are amended to read:
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97.053 Acceptance of voter registration applications.—
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(2) A voter registration application is complete and
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becomes the official voter registration record of that applicant
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when all information necessary to establish the applicant’s
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eligibility pursuant to s. 97.041 is received by a voter
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registration official and verified pursuant to subsection (6).
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Except as provided in subsection (6), if the applicant fails to
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complete his or her voter registration application on or before
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prior to the date of book closing for an election, then such
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applicant is shall not be eligible to vote in that election.
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(4) (a) The registration date for a valid initial voter
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registration application that has been mailed to a driver
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license office, a voter registration agency, an armed forces
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recruitment office, the division, or the office of any
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supervisor in the state and bears a clear postmark is the date
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of that postmark. If an initial voter registration application
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that has been mailed does not bear a postmark or if the postmark
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is unclear, the registration date is the date the application is
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received by any supervisor or the division, unless it is
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received within 5 days after the closing of the books for an
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election, excluding Saturdays, Sundays, and legal holidays, in
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which case the registration date is the book-closing date.
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(b) The registration date for a valid application to update
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the voter’s record with a change of address, name, or party
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affiliation is retroactive to the date the application was
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initially received once the required sufficient evidence is
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verified.
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(6) (a) A voter registration application, including an
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application with a change in name, address, or party
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affiliation, may be accepted as valid only after the department
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has verified the authenticity or nonexistence of the Florida
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driver license number, the Florida identification card number,
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or the last four digits of the social security number provided
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by the applicant. If a completed voter registration application
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has been received by the book-closing deadline but the Florida
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driver license number, the Florida identification card number,
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or the last four digits of the social security number provided
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by the applicant cannot be verified, or if the records of the
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Department of Highway Safety and Motor Vehicles indicate that
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the applicant is not a United States citizen or has not provided
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a document acceptable as evidence of United States citizenship,
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the applicant must shall be notified and that the number cannot
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be verified and that the applicant must provide evidence to the
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supervisor sufficient to verify the authenticity of the
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applicant’s Florida driver license number, Florida
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identification card number, or last four digits of the social
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security number or, if applicable, must provide a document
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acceptable as evidence of United States citizenship . If the
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applicant provides the necessary evidence, the supervisor must
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shall place the applicant’s name on the registration rolls as an
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active voter. If the applicant has not provided the necessary
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evidence or the number has not otherwise been verified prior to
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the applicant presenting himself or herself to vote, the
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applicant must shall be provided a provisional ballot. The
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provisional ballot must shall be counted only if the number is
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verified by the end of the canvassing period or if the applicant
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presents evidence to the supervisor of elections sufficient to
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verify the authenticity of the applicant’s Florida driver
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license number, Florida identification card number, or last four
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digits of the social security number or, if applicable, presents
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a document acceptable as evidence of United States citizenship
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no later than 5 p.m. of the second day following the election.
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(b) Upon receipt of a voter registration application,
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including an application with a change in name, address, or
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party affiliation, which indicates that the applicant has not
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been issued a current and valid Florida driver license, Florida
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identification card, or social security number, or if the
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records of the Department of Highway Safety and Motor Vehicles
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indicate that the applicant is not a United States citizen or
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has not provided a document acceptable as evidence of United
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States citizenship, the supervisor of elections shall verify the
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voter’s legal status as a United States citizen using available
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state and federal governmental sources and, if applicable,
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initiate notice pursuant to s. 98.075(7).
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Section 5. Subsections (11) and (13) of section 97.057,
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Florida Statutes, are amended to read:
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97.057 Voter registration by the Department of Highway
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Safety and Motor Vehicles.—
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(11) The Department of Highway Safety and Motor Vehicles
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shall enter into an agreement with the department to match
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information in the statewide voter registration system with
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information in the database of the Department of Highway Safety
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and Motor Vehicles to the extent required to verify the accuracy
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of the Florida driver license number, Florida identification
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number, or last four digits of the social security number and
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the legal status as a United States citizen, provided on
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applications for voter registration as required in s. 97.053.
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The department shall also include in the statewide voter
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registration system the type of documentary proof that the
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licensee or cardholder provided as evidence of United States
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citizenship.
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(13) Notwithstanding declinations to register or to update
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a voter registration pursuant to paragraph (2)(b), the
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Department of Highway Safety and Motor Vehicles , in accordance
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with s. 98.093(8), shall must assist the Department of State in
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regularly identifying changes in residence address on the
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Florida driver license or Florida identification card or changes
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in the Florida driver license or Florida identification card
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number of such persons who may be voters of a voter . The
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Department of State must report each such change to the
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appropriate supervisor of elections who must change the voter’s
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registration records in accordance with s. 98.065(4).
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Section 6. Subsection (4) of section 98.015, Florida
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Statutes, is amended to read:
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98.015 Supervisor of elections; election, tenure of office,
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compensation, custody of registration-related documents, office
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hours, successor, seal; appointment of deputy supervisors;
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duties.—
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(4) (a) At a minimum, the office of the supervisor must be
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open Monday through Friday , excluding legal holidays, for a
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period of not less than 8 hours per day, beginning no later than
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9 a.m.
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(b) The office of the supervisor may close to observe legal
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holidays and other federal, state, or county-approved holidays,
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if the office is not otherwise required to be open to fulfill
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official duties under the Florida Election Code.
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Section 7. Subsection (1) of section 98.045, Florida
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Statutes, is amended to read:
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98.045 Administration of voter registration.—
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(1) ELIGIBILITY OF APPLICANT.—
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(a) The supervisor shall must ensure that any eligible
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applicant for voter registration is registered to vote and that
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each application for voter registration is processed in
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accordance with law. The supervisor shall determine whether a
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voter registration applicant is ineligible based on any of the
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following:
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1. (a) The failure to complete a voter registration
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application as specified in s. 97.053.
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2. (b) The applicant is deceased.
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3. (c) The applicant has been convicted of a felony for
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which his or her voting rights have not been restored.
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4. (d) The applicant has been adjudicated mentally
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incapacitated with respect to the right to vote and such right
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has not been restored.
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5. (e) The applicant does not meet the age requirement
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pursuant to s. 97.041.
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6. (f) The applicant is not a United States citizen.
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7. (g) The applicant is a fictitious person.
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8. (h) The applicant has provided an address of legal
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residence that is not his or her legal residence.
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9. (i) The applicant has provided a Florida driver license
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number, Florida identification card number, or the last four
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digits of a social security number that is not verifiable by the
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department.
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(b) If the latest voter registration records show that a
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new applicant was previously registered but subsequently removed
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for ineligibility pursuant to s. 98.075(7), the supervisor must
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verify the current eligibility of the applicant to register
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within 13 days after receipt of such records by reviewing the
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information provided by a governmental entity listed in s.
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98.075 or s. 98.093 to determine whether the applicant remains
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ineligible. If the supervisor determines that the applicant is
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ineligible, the supervisor must deny the application and notify
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the applicant pursuant to s. 97.073.
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Section 8. Subsection (6) and paragraph (a) of subsection
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(7) of section 98.075, Florida Statutes, are amended to read:
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98.075 Registration records maintenance activities;
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ineligibility determinations.—
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(6) ELIGIBILITY.—
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(a) Citizenship.—The department shall identify those
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registered voters who are potentially ineligible based on their
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legal status regarding United States citizenship by comparing or
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receiving information from the Department of Highway Safety and
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Motor Vehicles, clerks of state and federal courts, and the
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United States Department of Homeland Security, as provided in s.
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98.093. The department shall review such information and make an
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initial determination as to whether the information is credible
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and reliable. If the department determines that the information
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is credible and reliable, the department must notify the
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supervisor and provide a copy of the supporting documentation
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indicating potential ineligibility of the voter to be
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registered. Upon receipt of the notice that the department has
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made a determination of initial credibility and reliability, the
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supervisor must adhere to the procedures set forth in subsection
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(7) before the removal of a registered voter’s name from the
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statewide voter registration system. If the voter provides a
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document acceptable as evidence of United States citizenship,
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the supervisor must record the type of document in the statewide
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voter registration system.
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(b) Other bases for ineligibility OTHER BASES FOR
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INELIGIBILITY .—Subsections (2)-(6) (2)-(5) do not limit or
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restrict the department or the supervisor in his or her duty to
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act upon direct receipt of, access to, or knowledge of
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information from any governmental entity that identifies a
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registered voter as potentially ineligible. If the department or
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supervisor receives information from any governmental entity
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other than those identified in subsections (2)-(6) (2)-(5) that
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a registered voter is ineligible because the voter is deceased,
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adjudicated a convicted felon without having had his or her
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voting rights restored, adjudicated mentally incapacitated
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without having had his or her voting rights restored, does not
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meet the age requirement pursuant to s. 97.041, is not a United
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States citizen, is a fictitious person, or has listed an address
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that is not his or her address of legal residence, the
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supervisor must adhere to the procedures set forth in subsection
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(7) before the removal of the name of a registered voter who is
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determined to be ineligible from the statewide voter
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registration system.
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(7) PROCEDURES FOR REMOVAL.—
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(a) If the supervisor receives notice or information
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pursuant to subsections (4)-(6), the supervisor of the county in
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which the voter is registered must:
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1. Notify the registered voter of his or her potential
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ineligibility by mail within 7 days after receipt of notice or
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information. The notice must include:
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a. A statement of the basis for the registered voter’s
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potential ineligibility and a copy of any documentation upon
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which the potential ineligibility is based. Such documentation
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must include any conviction from another jurisdiction determined
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to be a similar offense to murder or a felony sexual offense, as
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those terms are defined in s. 98.0751.
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b. A statement that failure to respond within 30 days after
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receipt of the notice may result in a determination of
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ineligibility and in removal of the registered voter’s name from
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the statewide voter registration system.
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c. A return form that requires the registered voter to
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admit or deny the accuracy of the information underlying the
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potential ineligibility for purposes of a final determination by
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the supervisor.
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d. A statement that, if the voter is denying the accuracy
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of the information underlying the potential ineligibility, the
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voter has a right to request a hearing for the purpose of
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determining eligibility.
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e. Instructions for the registered voter to contact the
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supervisor of elections of the county in which the voter is
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registered if assistance is needed in resolving the matter.
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f. Instructions for seeking restoration of civil rights
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pursuant to s. 8, Art. IV of the State Constitution and
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information explaining voting rights restoration pursuant to s.
512
4, Art. VI of the State Constitution following a felony
513
conviction, if applicable.
514
g. A list of the documents acceptable as evidence of United
515
States citizenship.
516
h. The following statement: “If you attempt to vote at an
517
early voting site or your normal election day polling place, you
518
will be required to vote a provisional ballot. If you vote by
519
mail, your ballot will be treated as a provisional ballot. In
520
either case, your ballot may not be counted until a final
521
determination of eligibility is made. If you wish for your
522
ballot to be counted, you must contact the supervisor of
523
elections office within 2 days after the election and present
524
evidence that you are eligible to vote.”
525
2. If the mailed notice is returned as undeliverable, the
526
supervisor must, within 14 days after receiving the returned
527
notice, either publish notice once in a newspaper of general
528
circulation in the county in which the voter was last registered
529
or publish notice on the county’s website as provided in s.
530
50.0311 or on the supervisor’s website, as deemed appropriate by
531
the supervisor. The notice must contain the following:
532
a. The voter’s name and address.
533
b. A statement that the voter is potentially ineligible to
534
be registered to vote.
535
c. A statement that failure to respond within 30 days after
536
the notice is published may result in a determination of
537
ineligibility by the supervisor and removal of the registered
538
voter’s name from the statewide voter registration system.
539
d. An instruction for the voter to contact the supervisor
540
no later than 30 days after the date of the published notice to
541
receive information regarding the basis for the potential
542
ineligibility and the procedure to resolve the matter.
543
e. An instruction to the voter that, if further assistance
544
is needed, the voter should contact the supervisor of elections
545
of the county in which the voter is registered.
546
f. A statement that, if the voter denies the accuracy of
547
the information underlying the potential ineligibility, the
548
voter has a right to request a hearing for the purpose of
549
determining eligibility.
550
g. The following statement: “If you attempt to vote at an
551
early voting site or your normal election day polling place, you
552
will be required to vote a provisional ballot. If you vote by
553
mail, your ballot will be treated as a provisional ballot. In
554
either case, your ballot may not be counted until a final
555
determination of eligibility is made. If you wish for your
556
ballot to be counted, you must contact the supervisor of
557
elections office within 2 days after the election and present
558
evidence that you are eligible to vote.”
559
3. If a registered voter fails to respond to a notice
560
pursuant to subparagraph 1. or subparagraph 2., the supervisor
561
must make a final determination of the voter’s eligibility
562
within 7 days after expiration of the voter’s timeframe to
563
respond. If the supervisor determines that the voter is
564
ineligible, the supervisor must remove the name of the
565
registered voter from the statewide voter registration system
566
within 7 days. The supervisor shall notify the registered voter
567
of the supervisor’s determination and action.
568
4. If a registered voter responds to the notice pursuant to
569
subparagraph 1. or subparagraph 2. and admits the accuracy of
570
the information underlying the potential ineligibility, the
571
supervisor must, as soon as practicable, make a final
572
determination of ineligibility and remove the voter’s name from
573
the statewide voter registration system. The supervisor shall
574
notify the registered voter of the supervisor’s determination
575
and action.
576
5. If a registered voter responds to the notice issued
577
pursuant to subparagraph 1. or subparagraph 2. and denies the
578
accuracy of the information underlying the potential
579
ineligibility but does not request a hearing, the supervisor
580
must review the evidence and make a determination of eligibility
581
no later than 30 days after receiving the response from the
582
voter. If the supervisor determines that the registered voter is
583
ineligible, the supervisor must remove the voter’s name from the
584
statewide voter registration system upon such determination and
585
notify the registered voter of the supervisor’s determination
586
and action and that the removed voter has a right to appeal a
587
determination of ineligibility pursuant to s. 98.0755. If such
588
registered voter requests a hearing, the supervisor must send
589
notice to the registered voter to attend a hearing at a time and
590
place specified in the notice. The supervisor shall schedule and
591
issue notice for the hearing within 7 days after receiving the
592
voter’s request for a hearing and shall hold the hearing no
593
later than 30 days after issuing the notice of the hearing. A
594
voter may request an extension upon showing good cause by
595
submitting an affidavit to the supervisor as to why he or she is
596
unable to attend the scheduled hearing. Upon hearing all
597
evidence presented at the hearing, the supervisor shall make a
598
determination of eligibility within 7 days. If the supervisor
599
determines that the registered voter is ineligible, the
600
supervisor must remove the voter’s name from the statewide voter
601
registration system and notify the registered voter of the
602
supervisor’s determination and action and that the removed voter
603
has a right to appeal a determination of ineligibility pursuant
604
to s. 98.0755.
605
Section 9. Present subsection (9) of section 98.093,
606
Florida Statutes, is redesignated as subsection (10), a new
607
subsection (9) is added to that section, and subsection (8) of
608
that section is amended, to read:
609
98.093 Duty of officials to furnish information relating to
610
deceased persons, persons adjudicated mentally incapacitated,
611
persons convicted of a felony, and persons who are not United
612
States citizens.—
613
(8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—The
614
Department of Highway Safety and Motor Vehicles shall furnish
615
weekly to the department the following information:
616
(a) Information identifying those persons whose names have
617
been removed from the Florida driver license or Florida
618
identification card database during the preceding week because
619
they have been licensed or been issued an identification card in
620
another state. The information must contain the person’s name,
621
last known Florida address, date of birth, sex, last four digits
622
of his or her social security number, and Florida driver license
623
number or Florida identification card number and, if available,
624
the address and the state in which the person is now licensed.
625
(b) Information identifying those persons who during the
626
preceding week presented evidence of non-United States
627
citizenship upon being issued a new or renewed Florida driver
628
license or Florida identification card. The information must
629
contain the person’s name; address; date of birth; last four
630
digits of the social security number, if applicable; Florida
631
driver license number or Florida identification card number, as
632
available; and alien registration number or other legal status
633
identifier.
634
(c) Information identifying those persons who during the
635
preceding week presented a document acceptable as evidence of
636
United States citizenship upon being issued a new, renewed, or
637
replacement Florida driver license or Florida identification
638
card. The information must contain the person’s name; address;
639
date of birth; last four digits of the social security number,
640
if applicable; Florida driver license number or Florida
641
identification card number, as available; type of documentary
642
proof provided in support of citizenship; and, if applicable,
643
alien registration number or other legal status identifier.
644
(d) Information identifying a change in residence address
645
on the Florida driver license or Florida identification card of
646
any person who declined pursuant to s. 97.057(2) to register or
647
update his or her voter record. The information must contain the
648
person’s name; date of birth; last four digits of the social
649
security number, if available; and Florida driver license number
650
or Florida identification card number, as available, in order to
651
identify a voter’s registration record. The Department of State
652
must report each such change in residence address to the
653
appropriate supervisor, who must change the voter’s registration
654
records in accordance with s. 98.065(4).
655
(e) Information identifying new, renewed, or replacement
656
Florida driver license or Florida identification card numbers
657
issued to persons who declined pursuant to s. 97.057(2) to
658
register or update their voter record. The information must
659
contain the person’s name; date of birth; last four digits of
660
the social security number, if available; and the prior, if
661
applicable, and current Florida driver license number or Florida
662
identification card number in order to identify a voter’s
663
registration record. Within 7 days, the Department of State
664
shall report such information to the appropriate supervisor, who
665
must update the voter registration records.
666
(f) Information identifying those persons for which it has
667
received official information during the preceding week that the
668
person is deceased. The information must contain the name,
669
address, date of birth, last four digits of the social security
670
number, Florida driver license number or Florida identification
671
card number, and date of death of each such person.
672
(9) FEDERAL COURTS.—Upon receipt of information from a jury
673
coordinator that a person was disqualified or potentially
674
disqualified as a prospective juror from jury service due to not
675
having United States citizenship, being convicted of a felony,
676
being deceased, being a nonresident of this state, or being a
677
nonresident of the county, the department shall use such
678
information to identify registered voters or applicants for
679
voter registration who may be potentially ineligible based on
680
information provided in accordance with s. 98.075.
681
Section 10. Present subsections (5) through (8) of section
682
99.012, Florida Statutes, are redesignated as subsections (7)
683
through (10), respectively, and new subsections (5) and (6) are
684
added to that section, to read:
685
99.012 Restrictions on individuals qualifying for public
686
office.—
687
(5) A person may not qualify for nomination as a candidate
688
of a political party if he or she has not been a registered
689
member of that party for the 365 consecutive days immediately
690
preceding the beginning of qualifying; or as a candidate with no
691
party affiliation if he or she has not been registered without
692
party affiliation, or has been a registered member of any
693
political party, for the 365 consecutive days immediately
694
preceding the beginning of qualifying.
695
(6) A person may not qualify as a candidate for public
696
office, whether federal, state, district, county, or municipal,
697
if he or she has legally changed his or her name through a
698
petition pursuant to s. 68.07 during the 365 consecutive days
699
immediately preceding the beginning of qualifying. This
700
subsection does not apply to any change of name in proceedings
701
for dissolution of marriage or adoption of children or based on
702
a change of name conducted with a marriage certificate.
703
Section 11. Paragraphs (b) and (c) of subsection (1) of
704
section 99.021, Florida Statutes, are amended to read:
705
99.021 Form of candidate oath.—
706
(1)
707
(b) In addition, any person seeking to qualify for
708
nomination as a candidate of any political party shall, at the
709
time of subscribing to the oath or affirmation, state in
710
writing:
711
1. The party of which the person is a member.
712
2. That the person has been a registered member of the
713
political party for which he or she is seeking nomination as a
714
candidate for at least 365 consecutive days preceding before the
715
beginning of qualifying before preceding the general election
716
for which the person seeks to qualify.
717
3. That the person has paid the assessment levied against
718
him or her, if any, as a candidate for said office by the
719
executive committee of the party of which he or she is a member.
720
(c) In addition, any person seeking to qualify for office
721
as a candidate with no party affiliation shall, at the time of
722
subscribing to the oath or affirmation, state in writing that he
723
or she is registered without any party affiliation and that he
724
or she has not been a registered member of any political party
725
for at least 365 consecutive days preceding before the beginning
726
of qualifying before preceding the general election for which
727
the person seeks to qualify.
728
Section 12. Subsection (1) of section 101.151, Florida
729
Statutes, is amended to read:
730
101.151 Specifications for ballots.—
731
(1)(a) Marksense Ballots must shall be printed on paper of
732
such thickness that the printing cannot be distinguished from
733
the back and must shall meet the specifications of the voting
734
system that will be used to tabulate the ballots.
735
(b) Polling places and early voting sites may employ a
736
ballot-on-demand production system to print individual marksense
737
ballots, including provisional ballots, for eligible electors.
738
Ballot-on-demand technology may be used to produce marksense
739
vote-by-mail , early voting, and election-day ballots.
740
Section 13. Subsection (4) of section 101.5606, Florida
741
Statutes, is amended to read:
742
101.5606 Requirements for approval of systems.—No
743
electronic or electromechanical voting system shall be approved
744
by the Department of State unless it is so constructed that:
745
(4) For systems using marksense ballots, It accepts a
746
rejected ballot pursuant to subsection (3) if a voter chooses to
747
cast the ballot, but records no vote for any office that has
748
been overvoted or undervoted.
749
Section 14. Section 101.56075, Florida Statutes, is amended
750
to read:
751
101.56075 Voting methods.—For the purpose of designating
752
ballot selections, all voting must be by official marksense
753
ballot, using a pen compatible with or recommended for use with
754
the voting system, unless a voter requests to vote using marking
755
device or a voter interface device that produces a voter
756
verifiable paper output and meets the voter accessibility
757
requirements for individuals with disabilities under s. 301 of
758
the federal Help America Vote Act of 2002 and s. 101.56062.
759
Section 15. Section 101.5608, Florida Statutes, is amended
760
to read:
761
101.5608 Voting at the polls by electronic or
762
electromechanical method ; procedures.—
763
(1) Each voter elector desiring to vote must shall be
764
identified to the clerk or inspector of the election as a duly
765
qualified voter elector of such election and must shall sign his
766
or her name on the precinct register or other form or device
767
provided by the supervisor. The inspector shall compare the
768
signature with the signature on the identification provided by
769
the voter elector . If the inspector is reasonably sure that the
770
person is entitled to vote, the inspector must shall provide the
771
person with a ballot.
772
(2) When an electronic or electromechanical voting system
773
uses utilizes a ballot card or marksense ballot, the following
774
procedures must shall be followed:
775
(a) After receiving a ballot from an inspector, the voter
776
elector shall, without leaving the polling place, retire to a
777
booth or compartment and mark the ballot. After marking his or
778
her ballot, the voter must elector shall place the ballot in a
779
secrecy envelope so that the ballot will be deposited in the
780
tabulator without exposing the voter’s choices.
781
(b) Any voter who spoils his or her ballot or makes an
782
error may return the ballot to the election official and secure
783
another ballot, except that in no case shall a voter be
784
furnished more than three ballots. If the vote tabulation device
785
has rejected a ballot, the ballot must shall be considered
786
spoiled and a new ballot must shall be provided to the voter
787
unless the voter chooses to cast the rejected ballot. The
788
election official, without examining the original ballot, shall
789
state the possible reasons for the rejection and shall provide
790
instruction to the voter pursuant to s. 101.5611. A spoiled
791
ballot must shall be preserved, without examination, in an
792
envelope provided for that purpose. The stub shall be removed
793
from the ballot and placed in an envelope.
794
(c) The supervisor of elections shall prepare for each
795
polling place at least one ballot box to contain the ballots of
796
a particular precinct, and each ballot box must shall be plainly
797
marked with the name of the precinct for which it is intended.
798
(3) The Department of State shall promulgate rules
799
regarding voting procedures to be used when an electronic or
800
electromechanical voting system is of a type which does not use
801
utilize a ballot card or marksense ballot.
802
(4) In any election in which a write-in candidate has
803
qualified for office, the supervisor of elections shall provide
804
for write-in voting pursuant to rules adopted by the Division of
805
Elections.
806
Section 16. Subsection (5) of section 101.5612, Florida
807
Statutes, is amended to read:
808
101.5612 Testing of tabulating equipment.—
809
(5) Any tests involving marksense ballots pursuant to this
810
section must shall employ test ballots created by the supervisor
811
of elections using actual ballots that have been printed for the
812
election. If ballot-on-demand ballots will be used in the
813
election, the supervisor must shall also create test ballots
814
using the ballot-on-demand technology that will be used to
815
produce ballots in the election, using the same paper stock as
816
will be used for ballots in the election.
817
Section 17. Subsection (2) of section 102.111, Florida
818
Statutes, is amended to read:
819
102.111 Elections Canvassing Commission.—
820
(2) The Elections Canvassing Commission shall meet at 8
821
a.m. on the 9th day after a primary election and at 8 a.m. on
822
the 14th day after a general election to certify the returns of
823
the election for each federal, state, and multicounty office and
824
for each constitutional amendment. The meeting must be at 9
825
a.m., except for days the Legislature convenes for organization
826
session pursuant to s. 3(a), Art. III of the State Constitution,
827
on which days the meeting must be at 8 a.m. If a member of a
828
county canvassing board that was constituted pursuant to s.
829
102.141 determines, within 5 days after the certification by the
830
Elections Canvassing Commission, that a typographical error
831
occurred in the official returns of the county, the correction
832
of which could result in a change in the outcome of an election,
833
the county canvassing board must certify corrected returns to
834
the Department of State within 24 hours, and the Elections
835
Canvassing Commission must correct and recertify the election
836
returns as soon as practicable.
837
Section 18. Subsections (3) through (7) of section 102.141,
838
Florida Statutes, are amended to read:
839
102.141 County canvassing board; duties.—
840
(3) The canvass, except the canvass of absent voters’
841
electors’ returns and the canvass of provisional ballots, must
842
shall be made from the returns and certificates of the
843
inspectors as signed and filed by them with the supervisor, and
844
the county canvassing board may shall not change the number of
845
votes cast for a candidate, nominee, constitutional amendment,
846
or other measure submitted to the electorate of the county,
847
respectively, in any polling place, as shown by the returns. All
848
returns must shall be made to the board on or before 2 a.m. of
849
the day following any primary, general, or other election. If
850
the returns from any precinct are missing, if there are any
851
omissions on the returns from any precinct, or if there is an
852
obvious error on any such returns, the canvassing board must
853
shall order a retabulation of the returns from such precinct.
854
Before canvassing such returns, the canvassing board shall
855
examine the tabulation of the ballots cast in such precinct and
856
determine whether the returns correctly reflect the votes cast.
857
If there is a discrepancy between the returns and the tabulation
858
of the ballots cast, the tabulation of the ballots cast must
859
shall be presumed correct and such votes must shall be canvassed
860
accordingly.
861
(4)(a) The supervisor of elections shall upload into the
862
county’s election management system by 7 p.m. local time on the
863
day before the election the results of all early voting and
864
vote-by-mail ballots that have been canvassed and tabulated by
865
the end of the early voting period. Pursuant to ss. 101.5614(8),
866
101.657, and 101.68(2), the tabulation of votes cast or the
867
results of such uploads may not be made public before the close
868
of the polls on election day.
869
(b) The supervisor, on behalf of the canvassing board ,
870
shall report all early voting and all tabulated vote-by-mail
871
results to the Department of State within 30 minutes after the
872
polls close. Thereafter, the canvassing board shall report, with
873
the exception of provisional ballot results, updated precinct
874
election results by uploading such results to the department at
875
least every 45 minutes until all results are completely
876
reported. The supervisor of elections shall notify the
877
department immediately of any circumstances that do not permit
878
periodic updates as required. Results must shall be submitted in
879
a format prescribed by the department.
880
(5) The canvassing board shall submit on forms or in
881
formats provided by the division unofficial returns to the
882
Department of State for each federal, statewide, state, or
883
multicounty office or ballot measure no later than noon on the
884
third day after any primary election and no later than noon on
885
the fourth day after any general or other election. Such returns
886
must shall include the canvass of all ballots , including write
887
in votes, as required by subsection (2).
888
(6) If the county canvassing board determines that the
889
unofficial returns may contain a counting error in which the
890
vote tabulation system failed to count votes that were properly
891
marked in accordance with the instructions on the ballot, the
892
county canvassing board must shall :
893
(a) Correct the error and retabulate the affected ballots
894
with the vote tabulation system; or
895
(b) Request that the Department of State verify the
896
tabulation software. When the Department of State verifies such
897
software, the department shall compare the software used to
898
tabulate the votes with the software filed with the department
899
pursuant to s. 101.5607 and check the election parameters.
900
(7) If the unofficial returns reflect that a candidate for
901
any office was defeated or eliminated by one-half of a percent
902
or less of the votes cast for such office, that a candidate for
903
retention to a judicial office was retained or not retained by
904
one-half of a percent or less of the votes cast on the question
905
of retention, or that a measure appearing on the ballot was
906
approved or rejected by one-half of a percent or less of the
907
votes cast on such measure, a recount shall be ordered of the
908
votes cast with respect to such office or measure. The Secretary
909
of State is responsible for ordering recounts in races that are
910
federal or , state races that are , and multicounty and any other
911
multicounty races. The county canvassing board or the local
912
board responsible for certifying the election is responsible for
913
ordering recounts in all other races. A recount need not be
914
ordered with respect to the returns for any office, however, if
915
the candidate or candidates defeated or eliminated from
916
contention for such office by one-half of a percent or less of
917
the votes cast for such office request in writing that a recount
918
not be made.
919
(a) Each canvassing board responsible for conducting a
920
recount shall put each marksense ballot through automatic
921
tabulating equipment and determine whether the returns correctly
922
reflect the votes cast. If any marksense ballot is physically
923
damaged so that it cannot be properly counted by the automatic
924
tabulating equipment during the recount, a true duplicate shall
925
be made of the damaged ballot pursuant to the procedures in s.
926
101.5614(4). Immediately before the start of the recount, a test
927
of the tabulating equipment shall be conducted as provided in s.
928
101.5612. If the test indicates no error, the recount tabulation
929
of the ballots cast shall be presumed correct and such votes
930
shall be canvassed accordingly. If an error is detected, the
931
cause therefor shall be ascertained and corrected and the
932
recount repeated, as necessary. The canvassing board shall
933
immediately report the error, along with the cause of the error
934
and the corrective measures being taken, to the Department of
935
State. No later than 11 days after the election, the canvassing
936
board shall file a separate incident report with the Department
937
of State, detailing the resolution of the matter and identifying
938
any measures that will avoid a future recurrence of the error.
939
If the automatic tabulating equipment used in a recount is not
940
part of the voting system and the ballots have already been
941
processed through such equipment, the canvassing board is not
942
required to put each ballot through any automatic tabulating
943
equipment again.
944
(b) Each canvassing board responsible for conducting a
945
recount where touchscreen ballots were used shall examine the
946
counters on the precinct tabulators to ensure that the total of
947
the returns on the precinct tabulators equals the overall
948
election return. If there is a discrepancy between the overall
949
election return and the counters of the precinct tabulators, the
950
counters of the precinct tabulators shall be presumed correct
951
and such votes shall be canvassed accordingly.
952
(c) The canvassing board shall submit on forms or in
953
formats provided by the division a second set of unofficial
954
returns to the Department of State for each federal, statewide,
955
state, or multicounty office or ballot measure. The returns
956
shall be filed no later than 3 p.m. on the 5th day after any
957
primary election and no later than 3 p.m. on the 9th day after
958
any general election in which a recount was ordered by the
959
Secretary of State. If the canvassing board is unable to
960
complete the recount prescribed in this subsection by the
961
deadline, the second set of unofficial returns submitted by the
962
canvassing board shall be identical to the initial unofficial
963
returns and the submission shall also include a detailed
964
explanation of why it was unable to timely complete the recount.
965
However, the canvassing board shall complete the recount
966
prescribed in this subsection, along with any manual recount
967
prescribed in s. 102.166, and certify election returns in
968
accordance with the requirements of this chapter.
969
(d) The Department of State shall adopt detailed rules
970
prescribing additional recount procedures for each certified
971
voting system, which shall be uniform to the extent practicable.
972
Section 19. Subsection (1) of section 102.166, Florida
973
Statutes, is amended to read:
974
102.166 Manual recounts of overvotes and undervotes.—
975
(1) If the second set of unofficial returns pursuant to s.
976
102.141 indicates that a candidate for any office was defeated
977
or eliminated by one-quarter of a percent or less of the votes
978
cast for such office, that a candidate for retention to a
979
judicial office was retained or not retained by one-quarter of a
980
percent or less of the votes cast on the question of retention,
981
or that a measure appearing on the ballot was approved or
982
rejected by one-quarter of a percent or less of the votes cast
983
on such measure, a manual recount of the overvotes and
984
undervotes cast in the entire geographic jurisdiction of such
985
office or ballot measure must shall be ordered unless:
986
(a) The candidate or candidates defeated or eliminated from
987
contention by one-quarter of 1 percent or fewer of the votes
988
cast for such office request in writing that a recount not be
989
made; or
990
(b) The number of overvotes and undervotes is fewer than
991
the number of votes needed to change the outcome of the
992
election.
994
The Secretary of State is responsible for ordering a manual
995
recount for federal or , state races that are multicounty , and
996
any other multicounty races. The county canvassing board or
997
local board responsible for certifying the election is
998
responsible for ordering a manual recount for all other races. A
999
manual recount consists of a recount of marksense ballots or of
1000
digital images of those ballots by a person.
1001
Section 20. Section 104.51, Florida Statutes, is created to
1002
read:
1003
104.51 Time limitation; election fraud.—A prosecution for a
1004
felony violation under the Florida Election Code must be
1005
commenced within 5 years after the date the violation is
1006
committed.
1007
Section 21. Section 322.034, Florida Statutes, is created
1008
to read:
1009
322.034 Legal status designation on state-issued driver
1010
licenses and identification cards.—
1011
(1) By July 1, 2027, a Florida driver license or Florida
1012
identification card issued to a qualified applicant who is a
1013
United States citizen as last recorded in the system must
1014
include his or her legal citizenship status at the time of new
1015
issuance, renewal, or replacement.
1016
(2) Notwithstanding any other law, the department must, at
1017
no charge, issue a renewal or replacement driver license or
1018
identification card if a licensee or cardholder timely updates
1019
his or her legal status upon becoming a citizen of the United
1020
States as required in s. 322.19.
1021
Section 22. Subsection (2) of section 121.121, Florida
1022
Statutes, is amended to read:
1023
121.121 Authorized leaves of absence.—
1024
(2) A member who is required to resign his or her office as
1025
a subordinate officer, deputy sheriff, or police officer because
1026
he or she is a candidate for a public office which is currently
1027
held by his or her superior officer who is also a candidate for
1028
reelection to the same office, in accordance with s. 99.012(7)
1029
s. 99.012(5) , shall, upon return to covered employment, be
1030
eligible to purchase retirement credit for the period between
1031
his or her date of resignation and the beginning of the term of
1032
office for which he or she was a candidate as a leave of absence
1033
without pay, as provided in subsection (1).
1034
Section 23. For the purpose of incorporating the amendment
1035
made by this act to section 98.075, Florida Statutes, in a
1036
reference thereto, subsection (6) of section 98.065, Florida
1037
Statutes, is reenacted to read:
1038
98.065 Registration list maintenance programs.—
1039
(6) The supervisor shall, at a minimum, conduct an annual
1040
review of voter registration records to identify registration
1041
records in which a voter is registered at an address that may
1042
not be an address of legal residence for the voter. For those
1043
registration records with such addresses that the supervisor has
1044
reasonable belief are not legal residential addresses, the
1045
supervisor shall initiate list maintenance activities pursuant
1046
to s. 98.075(6) and (7).
1047
Section 24. For the purpose of incorporating the amendment
1048
made by this act to section 98.015, Florida Statutes, in a
1049
reference thereto, paragraph (a) of subsection (2) of section
1050
101.69, Florida Statutes, is reenacted to read:
1051
101.69 Voting in person; return of vote-by-mail ballot.—
1052
(2)(a) The supervisor shall allow an elector who has
1053
received a vote-by-mail ballot to physically return a voted
1054
vote-by-mail ballot to the supervisor by placing the return mail
1055
envelope containing his or her marked ballot in a secure ballot
1056
intake station. Secure ballot intake stations shall be placed at
1057
the main office of the supervisor, at each permanent branch
1058
office of the supervisor which meets the criteria set forth in
1059
s. 101.657(1)(a) for branch offices used for early voting and
1060
which is open for at least the minimum number of hours
1061
prescribed by s. 98.015(4), and at each early voting site.
1062
Secure ballot intake stations may also be placed at any other
1063
site that would otherwise qualify as an early voting site under
1064
s. 101.657(1). Secure ballot intake stations must be
1065
geographically located so as to provide all voters in the county
1066
with an equal opportunity to cast a ballot, insofar as is
1067
practicable. Except for secure ballot intake stations at an
1068
office of the supervisor, a secure ballot intake station may
1069
only be used during the county’s early voting hours of operation
1070
and must be monitored in person by an employee of the
1071
supervisor’s office. A secure ballot intake station at an office
1072
of the supervisor must be continuously monitored in person by an
1073
employee of the supervisor’s office when the secure ballot
1074
intake station is accessible for deposit of ballots.
1075
Section 25. This act shall take effect July 1, 2026.