CS/CS/HB 991 full text · Session Watch

2 An act relating to elections; amending s. 97.021,

3 F.S.; revising definitions; defining the term

4 "document acceptable as evidence of United States

5 citizenship"; amending s. 97.052, F.S.; revising the

6 information the uniform statewide voter registration

7 application is designed to elicit from an applicant to

8 include a certain acknowledgment; amending s. 97.0525,

9 F.S.; requiring that the online voter registration

10 system transmit specified information to the

11 supervisor of elections under specified circumstances;

12 requiring that the applicant's legal status as a

13 United States citizen be recorded in the statewide

14 voter registration system; requiring that if the

15 records of the Department of Highway Safety and Motor

16 Vehicles indicate that an applicant is not a United

17 States citizen or has not provided acceptable evidence

18 of citizenship, the online voter registration system

19 must notify the supervisor of the applicant's legal

20 status and transmit the application to the supervisor;

21 providing that an applicant's digital signature

22 satisfies a certain requirement; providing that if an

23 applicant's name and date of birth cannot be verified,

24 the system must populate certain information into a

25 printable version of the registration application;

26 requiring the applicant to print, complete, sign,

27 date, and deliver such application to the supervisor;

28 requiring that the online voter registration system

29 populate an applicant's information and direct the

30 applicant to perform specified actions under specified

31 conditions; conforming a cross-reference; amending s.

32 97.053, F.S.; specifying that the registration date

33 for certain valid applications is the date the

34 application was initially received once certain

35 evidence is verified; requiring an applicant to

36 provide certain evidence to the supervisor of

37 elections to prove the applicant's legal status under

38 specified circumstances; requiring supervisors to

39 verify a voter's legal status as a United States

40 citizen using specified sources and initiate a certain

41 notice if applicable; requiring that the voter's legal

42 status as United States citizen and the type of

43 document accepted as evidence of United States

44 citizenship be recorded in the statewide voter

45 registration system; amending s. 97.057, F.S.;

46 requiring that an agreement between the Department of

47 Highway Safety and Motor Vehicles and the Department

48 of State match information regarding the citizenship

49 status of voter registration applicants legal status

50 as a United States citizen of applicants applying to

51 vote; requiring the Department of State to include

52 specified information in the statewide voter

53 registration system; requiring the Department of

54 Highway Safety and Motor Vehicles to assist the

55 Department of State in identifying certain changes in

56 information for persons who may be voters; deleting a

57 provision requiring the Department of State to report

58 certain changes to supervisors; amending s. 98.015,

59 F.S.; authorizing the office of the supervisor of

60 elections to close to observe certain holidays under a

61 specified condition; amending s. 98.045, F.S.;

62 requiring supervisors to verify the current

63 eligibility of certain applicants within a specified

64 timeframe by reviewing specified information provided

65 by governmental entities to make a determination under

66 specified conditions; requiring the supervisor to deny

67 the application and notify the applicant if a certain

68 determination is made; amending s. 98.075, F.S.;

69 requiring the Department of State to identify certain

70 voters by comparing or receiving information from

71 specified sources; requiring the Department of State

72 to review such information and make an initial

73 determination; requiring the department to notify the

74 supervisor if certain information is credible and

75 reliable and provide a copy of specified documentation

76 to the supervisor; requiring the supervisor to adhere

77 to specified procedures to remove the voter's name

78 from the statewide voter registration system;

79 requiring the supervisor to record in the statewide

80 voter registration system the type of document

81 provided as evidence of United States citizenship;

82 revising the notice provided to potentially ineligible

83 voters to conform to changes made by the act; amending

84 s. 98.093, F.S.; revising the information that the

85 Department of Highway Safety and Motor Vehicles is

86 required to furnish weekly to the Department of State;

87 requiring the Department of State to report certain

88 information to supervisors within a specified

89 timeframe and for supervisors to update the voter

90 registration records; requiring that the Department of

91 State use certain information from federal jury

92 coordinators to identify voters and applicants who are

93 potentially ineligible; amending s. 99.021, F.S.;

94 specifying that a person seeking to qualify for office

95 as a candidate must be a registered member of a

96 political party, or registered without any party

97 affiliation, for 365 consecutive days preceding the

98 beginning of the qualifying before an election;

99 authorizing qualified candidates or certain political

100 parties to challenge compliance with specified

101 provisions by filing an action for declaratory and

102 injunctive relief in a specified circuit court;

103 prohibiting a person from being qualified as a

104 candidate for nomination or election and appearing on

105 the ballot under specified circumstances; providing

106 that compliance with specified requirements is

107 mandatory; authorizing qualified candidates or certain

108 political parties to challenge compliance with

109 specified provisions by filing an action for

110 declaratory and injunctive relief in a specified

111 circuit court; prohibiting a person from being

112 qualified as a candidate for nomination or election

113 and appearing on the ballot under specified

114 circumstances; requiring a candidate for federal

115 office to state in writing whether he or she intends

116 to trade stocks in a certain manner while serving in

117 federal office; creating s. 99.0211, F.S.; requiring

118 that candidates be able to satisfy statutory and

119 constitutional requirements for office; authorizing

120 certain candidates, political parties, and affiliated

121 party committees to challenge compliance with such

122 requirements in a specified manner; providing that a

123 person may not qualify as a candidate or appear on the

124 ballot if the court makes a certain determination;

125 providing that candidates, political parties, and

126 affiliated party committees are entitled to expedited

127 proceedings; requiring supervisors of elections to

128 remove the names of certain candidates from the ballot

129 or provide a certain notice to voters; amending s.

130 99.061, F.S.; revising the list of items a candidate

131 must submit to the filing officer to be a qualified

132 candidate to include certain oaths or affirmations;

133 amending s. 101.043, F.S.; revising the forms of

134 identification required to be provided at polls;

135 amending ss. 101.048, 101.151, and 101.5606, F.S.;

136 conforming provisions to changes made by the act;

137 amending s. 101.56075, F.S.; requiring that all voting

138 be done by official ballot using certain pens;

139 providing an exception; amending s. 101.5608, F.S.;

140 deleting the requirement that the stub be removed from

141 the ballot and placed in an envelope; conforming

142 provisions to changes made by the act; amending ss.

143 101.5612, 101.68, and 101.6923, F.S.; conforming

144 provisions to changes made by the act; amending s.

145 102.111, F.S.; revising the meeting times of the

146 Elections Canvassing Commission to certify elections

147 returns; amending s. 102.141, F.S.; revising

148 requirements for canvassing of ballots; requiring that

149 supervisors upload certain results by a specified

150 local time; requiring the supervisors, on behalf of

151 the canvassing boards, to report all early voting and

152 all tabulated vote-by-mail ballots to the department;

153 requiring that updated precinct election results be

154 uploaded to the department; conforming provisions to

155 changes made by the act; amending s. 102.166, F.S.;

156 conforming provisions to changes made by the act;

157 creating s. 104.042, F.S.; requiring that certain

158 prosecutions be commenced within a specified timeframe

159 after a specified violation is committed; amending s.

160 105.031, F.S.; requiring certain candidates to provide

161 to the filing officer a statement disclosing dual

162 citizenship for nomination and election to a judicial

163 office or to a district school board; amending s.

164 106.023, F.S.; requiring a candidate to provide a

165 certain oath or affirmation in writing at the time of

166 filing his or her statement of candidacy; amending s.

167 106.08, F.S.; prohibiting political parties, political

168 committees, electioneering communications

169 organizations, and candidates from knowingly and

170 willfully accepting or soliciting contributions from

171 foreign nationals in connection with elections;

172 creating s. 322.034, F.S.; requiring, by a specified

173 date, that Florida driver licenses and Florida

174 identification cards issued to qualified applicants

175 include the legal citizenship status of the applicant

176 on the license or card; requiring the Department of

177 Highway Safety and Motor Vehicles to issue, at no

178 charge, renewal or replacement Florida driver licenses

179 and Florida identification cards to certain licensees

180 and cardholders; amending s. 895.02, F.S.; revising

181 the definition of the term "racketeering activity";

182 reenacting s. 98.065(6), F.S., relating to

183 registration list maintenance programs, to incorporate

184 the amendment made to s. 98.075, F.S., in a reference

185 thereto; reenacting s. 99.012(1)(b), F.S., relating to

186 definition of the term "qualify," to incorporate the

187 amendments made to ss. 99.061 and 105.031, F.S., in

188 references thereto; reenacting s. 101.69(2)(a), F.S.,

189 relating to the offices of the supervisor of elections

190 being open during elections to receive vote-by-mail

191 ballots in secure ballot intake stations, to

192 incorporate the amendment made to s. 98.015, F.S., in

193 a reference thereto; providing effective dates.

195 Be It Enacted by the Legislature of the State of Florida:

197 Section 1. Present subsections (10) through (47) of

198 section 97.021, Florida Statutes, are redesignated as

199 subsections (11) through (48), respectively, a new subsection

200 (10) is added to that section, and subsection (6) and present

201 subsections (43) and (47) of that section are amended, to read:

202 97.021 Definitions.—For the purposes of this code, except

203 where the context clearly indicates otherwise, the term:

204 (6) "Ballot" or "official ballot" means a printed sheet of

205 paper containing contests, including offices and candidates,

206 constitutional amendments, and other public measures, upon which

207 a voter's selections will be marked by using a pen compatible

208 with or recommended for use with the voting system, for

209 tabulation by the voting system. The term includes a voter-

210 verifiable paper output upon which a voter's selections are

211 marked by a voter interface device that meets voter

212 accessibility requirements for individuals with disabilities

213 under s. 301 of the federal Help America Vote Act of 2002 and s.

214 101.56062 ~~when used in reference to:~~

215 ~~(a) "Electronic or electromechanical devices" means a~~

216 ~~ballot that is voted by the process of electronically~~

217 ~~designating, including by touchscreen, or marking with a marking~~

218 ~~device for tabulation by automatic tabulating equipment or data~~

219 ~~processing equipment.~~

220 ~~(b) "Marksense ballots" means that printed sheet of paper,~~

221 ~~used in conjunction with an electronic or electromechanical vote~~

222 ~~tabulation voting system, containing the names of candidates, or~~

223 ~~a statement of proposed constitutional amendments or other~~

224 ~~questions or propositions submitted to the electorate at any~~

225 ~~election, on which sheet of paper an elector casts his or her~~

226 ~~vote.~~

227 (10) "Document acceptable as evidence of United States

228 citizenship" means any of the following documents:

229 (a) An original or certified copy of a United States birth

230 certificate.

231 (b) A valid, unexpired United States passport.

232 (c) A naturalization certificate issued by the United

233 States Department of Homeland Security.

234 (d) A Consular Report of Birth Abroad provided by the

235 United States Department of State.

236 (e) A current and valid Florida driver license or Florida

237 identification card issued by the Department of Highway Safety

238 and Motor Vehicles, if such license or identification card

239 indicates United States citizenship.

240 (f) A current and valid photo identification issued by the

241 Federal Government or the state which indicates United States

242 citizenship.

243 (g) An order from a federal court granting United States

244 citizenship.

246 If the voter registration applicant's or the voter's legal name

247 is different from the name that appears on the document,

248 official legal documentation providing proof of legal name

249 change is also required to constitute acceptable evidence of

250 United States citizenship.

251 ~~(44)(43)~~ "Voter interface device" means any device that

252 communicates voting instructions and ballot information to a

253 voter and allows the voter to select and vote for candidates and

254 issues. A voter interface device may not be used to tabulate

255 votes. Any vote tabulation must be based upon a subsequent scan

256 of the marked ~~marksense~~ ballot or the voter-verifiable paper

257 output after the voter interface device process has been

258 completed.

259 ~~(48)(47)~~ "Voting system" means a method of casting and

260 processing votes which ~~that functions wholly or partly by use of~~

261 ~~electromechanical or electronic apparatus or by use of marksense~~

262 ~~ballots and~~ includes, but is not limited to, the equipment,

263 hardware, firmware, and software; the ballots; the procedures

264 for casting and processing votes; ~~and~~ the programs, operating

265 manuals, and supplies; and the reports, printouts, and other

266 documentation ~~software~~ necessary for the system's operation.

267 Section 2. Present paragraphs (q) through (u) of

268 subsection (2) of section 97.052, Florida Statutes, are

269 redesignated as paragraphs (r) through (v), respectively, and a

270 new paragraph (q) is added to that subsection, to read:

271 97.052 Uniform statewide voter registration application.—

272 (2) The uniform statewide voter registration application

273 must be designed to elicit the following information from the

274 applicant:

275 (q) Acknowledgment, by providing a box for the applicant

276 to check, that it is a third degree felony under state and

277 federal law to falsely swear or affirm or otherwise submit false

278 information on a voter registration application.

279 Section 3. Subsection (4) of section 97.0525, Florida

280 Statutes, is amended to read:

281 97.0525 Online voter registration.—

282 (4)(a) The online voter registration system must ~~shall~~

283 compare the Florida driver license number or Florida

284 identification number submitted pursuant to s. 97.052(2)(n) with

285 information maintained by the Department of Highway Safety and

286 Motor Vehicles to confirm that the name and date of birth on the

287 application are consistent with the records of the Department of

288 Highway Safety and Motor Vehicles.

289 (b) If the applicant's name and date of birth are

290 consistent with the records of the Department of Highway Safety

291 and Motor Vehicles and the records of the Department of Highway

292 Safety and Motor Vehicles indicate that the applicant has

293 provided a document acceptable as evidence of United States

294 citizenship, the online voter registration system must ~~shall~~

295 transmit, using the statewide voter registration system

296 maintained pursuant to s. 98.035, the applicant's registration

297 application, along with the digital signature of the applicant

298 on file with the Department of Highway Safety and Motor

299 Vehicles, to the supervisor of elections. The applicant's

300 digital signature satisfies the signature requirement of s.

301 97.052(2)(r) ~~s. 97.052(2)(q).~~ The applicant's legal status as a

302 United States citizen must be recorded in the statewide voter

303 registration system.

304 (c) If the applicant's name and date of birth match the

305 records of the Department of Highway Safety and Motor Vehicles,

306 but the records of the Department of Highway Safety and Motor

307 Vehicles indicate the applicant is not a United States citizen

308 or has not provided a document acceptable as evidence of United

309 States citizenship, the online voter registration system must

310 notify the supervisor of elections that the applicant's legal

311 status as a United States citizen could not be verified and

312 transmit, using the statewide voter registration system

313 maintained pursuant to s. 98.035, the applicant's registration

314 application, along with the digital signature of the applicant

315 on file with the Department of Highway Safety and Motor

316 Vehicles, to the supervisor of elections. The applicant's

317 digital signature satisfies the signature requirement of s.

318 97.052(2)(r).

319 (d) If the applicant's name and date of birth cannot be

320 verified by the records of the Department of Highway Safety and

321 Motor Vehicles, ~~or if the applicant indicated that he or she has~~

322 ~~not been issued a Florida driver license or Florida~~

323 ~~identification card,~~ the online voter registration system must

324 ~~shall~~ populate the applicant's information, except for the

325 applicant's Florida driver license number, Florida

326 identification card number, or social security number, into a

327 printable voter registration application pursuant to s.

328 97.052(2) which ~~and direct~~ the applicant may to print, complete,

329 sign, ~~and~~ date, ~~the application~~ and deliver ~~the application~~ to

330 the supervisor of elections for disposition pursuant to s.

331 97.073.

332 (e) If the applicant indicates that he or she has not been

333 issued a Florida driver license or identification card, or

334 chooses to use the system to prepopulate an application to

335 print, sign, date, and deliver to the supervisor, the online

336 voter registration system must populate the applicant's

337 information into a printable voter registration application

338 pursuant to s. 97.052(2) and direct the applicant to print,

339 sign, and date the application and deliver the application to

340 the supervisor for disposition under s. 97.073.

341 Section 4. Subsections (2), (4), and (6) of section

342 97.053, Florida Statutes, are amended to read:

343 97.053 Acceptance of voter registration applications.—

344 (2) A voter registration application is complete and

345 becomes the official voter registration record of that applicant

346 when all information necessary to establish the applicant's

347 eligibility pursuant to s. 97.041 is received by a voter

348 registration official and verified pursuant to subsection (6).

349 Except as provided in subsection (6), if the applicant fails to

350 complete his or her voter registration application on or before

351 ~~prior to~~ the date of book closing for an election, ~~then~~ such

352 applicant is ~~shall~~ not be eligible to vote in that election.

353 (4)(a) The registration date for a valid initial voter

354 registration application that has been mailed to a driver

355 license office, a voter registration agency, an armed forces

356 recruitment office, the division, or the office of any

357 supervisor in the state and bears a clear postmark is the date

358 of that postmark. If an initial voter registration application

359 that has been mailed does not bear a postmark or if the postmark

360 is unclear, the registration date is the date the application is

361 received by any supervisor or the division, unless it is

362 received within 5 days after the closing of the books for an

363 election, excluding Saturdays, Sundays, and legal holidays, in

364 which case the registration date is the book-closing date.

365 (b) The registration date for a valid application to

366 update a voter's record with a change of address or name is the

367 date the application was initially received once the required

368 sufficient evidence is verified.

369 (c) The registration date for a valid application to

370 update a voter's record with a change of party affiliation is

371 the date the application was initially received, and the

372 registration is effective once the required sufficient evidence

373 is verified unless the registration books are closed for a

374 primary election, in which case the update is effective for the

375 subsequent general election.

376 (6)(a) A voter registration application, including an

377 application with a change in name, address, or party

378 affiliation, may be accepted as valid only after the department

379 has verified the authenticity or nonexistence of the Florida

380 driver license number, the Florida identification card number,

381 or the last four digits of the social security number provided

382 by the applicant. If a completed voter registration application

383 has been received by the book-closing deadline but the Florida

384 driver license number, the Florida identification card number,

385 or the last four digits of the social security number provided

386 by the applicant cannot be verified, or if the records of the

387 Department of Highway Safety and Motor Vehicles indicate that

388 the applicant is not a United States citizen or has not provided

389 a document acceptable as evidence of United States citizenship,

390 the applicant must ~~shall~~ be notified and ~~that the number cannot~~

391 ~~be verified and that the applicant~~ must provide evidence to the

392 supervisor sufficient to verify the authenticity of the

393 applicant's Florida driver license number, Florida

394 identification card number, or last four digits of the social

395 security number or, if applicable, must provide a document

396 acceptable as evidence of United States citizenship. If the

397 applicant provides the necessary evidence, the supervisor must

398 ~~shall~~ place the applicant's name on the registration rolls as an

399 active voter. If the applicant has not provided the necessary

400 evidence or the number has not otherwise been verified prior to

401 the applicant presenting himself or herself to vote, the

402 applicant must ~~shall~~ be provided a provisional ballot. The

403 provisional ballot must ~~shall~~ be counted only if the number is

404 verified by the end of the canvassing period or if the applicant

405 presents evidence to the supervisor of elections sufficient to

406 verify the authenticity of the applicant's Florida driver

407 license number, Florida identification card number, or last four

408 digits of the social security number or, if applicable, presents

409 a document acceptable as evidence of United States citizenship

410 no later than 5 p.m. of the second day following the election.

411 (b) Upon receipt of a voter registration application,

412 including an application with a change in name, address, or

413 party affiliation, which indicates that the applicant has not

414 been issued a current and valid Florida driver license, Florida

415 identification card, or social security number, or if the

416 records of the Department of Highway Safety and Motor Vehicles

417 indicate that the applicant is not a United States citizen or

418 has not provided a document acceptable as evidence of United

419 States citizenship, the supervisor of elections shall verify the

420 voter's legal status as a United States citizen using available

421 state and federal governmental sources and, if applicable,

422 initiate notice pursuant to s. 98.075(7). If the voter's legal

423 status as a United States citizen is verified, the status must

424 be recorded in the statewide voter registration system. If the

425 applicant provides a document acceptable as evidence of United

426 States citizenship, the type of document presented must be

427 recorded in the statewide voter registration system.

428 Section 5. Subsections (11) and (13) of section 97.057,

429 Florida Statutes, are amended to read:

430 97.057 Voter registration by the Department of Highway

431 Safety and Motor Vehicles.—

432 (11) The Department of Highway Safety and Motor Vehicles

433 shall enter into an agreement with the department to match

434 information in the statewide voter registration system with

435 information in the database of the Department of Highway Safety

436 and Motor Vehicles to the extent required to verify the accuracy

437 of the Florida driver license number, Florida identification

438 number, or last four digits of the social security number and

439 the legal status as a United States citizen, provided on

440 applications for voter registration as required in s. 97.053.

441 The department shall also include in the statewide voter

442 registration system the type of documentary proof that the

443 licensee or cardholder provided as evidence of United States

444 citizenship.

445 (13) Notwithstanding declinations to register or to update

446 a voter registration pursuant to paragraph (2)(b), the

447 Department of Highway Safety and Motor Vehicles, in accordance

448 with s. 98.093(8), shall ~~must~~ assist the Department of State in

449 ~~regularly~~ identifying changes in residence address on the

450 Florida driver license or Florida identification card or changes

451 in the Florida driver license or Florida identification card

452 number of such persons who may be voters ~~of a voter. The~~

453 ~~Department of State must report each such change to the~~

454 ~~appropriate supervisor of elections who must change the voter's~~

455 ~~registration records in accordance with s. 98.065(4).~~

456 Section 6. Effective upon becoming a law, subsection (4)

457 of section 98.015, Florida Statutes, is amended to read:

458 98.015 Supervisor of elections; election, tenure of

459 office, compensation, custody of registration-related documents,

460 office hours, successor, seal; appointment of deputy

461 supervisors; duties.—

462 (4)(a) At a minimum, the office of the supervisor must be

463 open Monday through Friday, ~~excluding legal holidays,~~ for a

464 period of not less than 8 hours per day, beginning no later than

465 9 a.m.

466 (b) The office of the supervisor may close to observe

467 legal holidays and other federal, state, or county-approved

468 holidays, if the office is not otherwise required to be open to

469 fulfill official duties under the Florida Election Code.

470 Section 7. Subsection (1) of section 98.045, Florida

471 Statutes, is amended to read:

472 98.045 Administration of voter registration.—

473 (1) ELIGIBILITY OF APPLICANT.—

474 (a) The supervisor shall ~~must~~ ensure that any eligible

475 applicant for voter registration is registered to vote and that

476 each application for voter registration is processed in

477 accordance with law. The supervisor shall determine whether a

478 voter registration applicant is ineligible based on any of the

479 following:

480 ~~1.(a)~~ The failure to complete a voter registration

481 application as specified in s. 97.053.

482 ~~2.(b)~~ The applicant is deceased.

483 ~~3.(c)~~ The applicant has been convicted of a felony for

484 which his or her voting rights have not been restored.

485 ~~4.(d)~~ The applicant has been adjudicated mentally

486 incapacitated with respect to the right to vote and such right

487 has not been restored.

488 ~~5.(e)~~ The applicant does not meet the age requirement

489 pursuant to s. 97.041.

490 ~~6.(f)~~ The applicant is not a United States citizen.

491 ~~7.(g)~~ The applicant is a fictitious person.

492 ~~8.(h)~~ The applicant has provided an address of legal

493 residence that is not his or her legal residence.

494 ~~9.(i)~~ The applicant has provided a Florida driver license

495 number, Florida identification card number, or the last four

496 digits of a social security number that is not verifiable by the

497 department.

498 (b) If the latest voter registration records show that a

499 new applicant was previously registered but subsequently removed

500 for ineligibility pursuant to s. 98.075(7), the supervisor must

501 verify the current eligibility of the applicant to register

502 within 13 days after receipt of such records by reviewing the

503 information provided by a governmental entity listed in s.

504 98.075 or s. 98.093 to determine whether the applicant remains

505 ineligible. If the supervisor determines that the applicant is

506 ineligible, the supervisor must deny the application and notify

507 the applicant pursuant to s. 97.073.

508 Section 8. Subsection (6) and paragraph (a) of subsection

509 (7) of section 98.075, Florida Statutes, are amended to read:

510 98.075 Registration records maintenance activities;

511 ineligibility determinations.—

512 (6) ELIGIBILITY.—

513 (a) Citizenship.—The department shall identify those

514 registered voters who are potentially ineligible based on their

515 legal status regarding United States citizenship by comparing or

516 receiving information from other governmental entities as

517 authorized by s. 98.093. Upon receipt of information from such

518 other governmental entities indicating a voter may be ineligible

519 based on his or her legal status regarding United States

520 citizenship, the department shall review and make an initial

521 determination as to whether the information is credible and

522 reliable. If the department determines that the information is

523 credible and reliable, the department must notify the supervisor

524 and provide a copy of the supporting documentation indicating

525 potential ineligibility of the voter to be registered. Upon

526 receipt of the notice that the department has made a

527 determination of initial credibility and reliability, the

528 supervisor must adhere to the procedures set forth in subsection

529 (7) before the removal of a registered voter's name from the

530 statewide voter registration system. If the voter provides a

531 document acceptable as evidence of United States citizenship,

532 the supervisor must record the type of document in the statewide

533 voter registration system.

534 (b) Other bases for ineligibility ~~OTHER BASES FOR~~

535 ~~INELIGIBILITY.—Subsections~~ (2)-(6) ~~(2)-(5)~~ do not limit or

536 restrict the department or the supervisor in his or her duty to

537 act upon direct receipt of, access to, or knowledge of

538 information from any governmental entity that identifies a

539 registered voter as potentially ineligible. If the department or

540 supervisor receives information from any governmental entity

541 other than those identified in subsections (2)-(6) ~~(2)-(5)~~ that

542 a registered voter is ineligible because the voter is deceased,

543 adjudicated a convicted felon without having had his or her

544 voting rights restored, adjudicated mentally incapacitated

545 without having had his or her voting rights restored, does not

546 meet the age requirement pursuant to s. 97.041, is not a United

547 States citizen, is a fictitious person, or has listed an address

548 that is not his or her address of legal residence, the

549 supervisor must adhere to the procedures set forth in subsection

550 (7) before the removal of the name of a registered voter who is

551 determined to be ineligible from the statewide voter

552 registration system.

553 (7) PROCEDURES FOR REMOVAL.—

554 (a) If the supervisor receives notice or information

555 pursuant to subsections (4)-(6), the supervisor of the county in

556 which the voter is registered must:

557 1. Notify the registered voter of his or her potential

558 ineligibility by mail within 7 days after receipt of notice or

559 information. The notice must include:

560 a. A statement of the basis for the registered voter's

561 potential ineligibility and a copy of any documentation upon

562 which the potential ineligibility is based. Such documentation

563 must include any conviction from another jurisdiction determined

564 to be a similar offense to murder or a felony sexual offense, as

565 those terms are defined in s. 98.0751.

566 b. A statement that failure to respond within 30 days

567 after receipt of the notice may result in a determination of

568 ineligibility and in removal of the registered voter's name from

569 the statewide voter registration system.

570 c. A return form that requires the registered voter to

571 admit or deny the accuracy of the information underlying the

572 potential ineligibility for purposes of a final determination by

573 the supervisor.

574 d. A statement that, if the voter is denying the accuracy

575 of the information underlying the potential ineligibility, the

576 voter has a right to request a hearing for the purpose of

577 determining eligibility.

578 e. Instructions for the registered voter to contact the

579 supervisor of elections of the county in which the voter is

580 registered if assistance is needed in resolving the matter.

581 f. Instructions for seeking restoration of civil rights

582 pursuant to s. 8, Art. IV of the State Constitution and

583 information explaining voting rights restoration pursuant to s.

584 4, Art. VI of the State Constitution following a felony

585 conviction, if applicable.

586 g. A list of the documents acceptable as evidence of

587 United States citizenship.

588 h. The following statement: "If you attempt to vote at an

589 early voting site or your normal election day polling place, you

590 will be required to vote a provisional ballot. If you vote by

591 mail, your ballot will be treated as a provisional ballot. In

592 either case, your ballot may not be counted until a final

593 determination of eligibility is made. If you wish for your

594 ballot to be counted, you must contact the supervisor of

595 elections office within 2 days after the election and present

596 evidence that you are eligible to vote."

597 2. If the mailed notice is returned as undeliverable, the

598 supervisor must, within 14 days after receiving the returned

599 notice, either publish notice once in a newspaper of general

600 circulation in the county in which the voter was last registered

601 or publish notice on the county's website as provided in s.

602 50.0311 or on the supervisor's website, as deemed appropriate by

603 the supervisor. The notice must contain the following:

604 a. The voter's name and address.

605 b. A statement that the voter is potentially ineligible to

606 be registered to vote.

607 c. A statement that failure to respond within 30 days

608 after the notice is published may result in a determination of

609 ineligibility by the supervisor and removal of the registered

610 voter's name from the statewide voter registration system.

611 d. An instruction for the voter to contact the supervisor

612 no later than 30 days after the date of the published notice to

613 receive information regarding the basis for the potential

614 ineligibility and the procedure to resolve the matter.

615 e. An instruction to the voter that, if further assistance

616 is needed, the voter should contact the supervisor of elections

617 of the county in which the voter is registered.

618 f. A statement that, if the voter denies the accuracy of

619 the information underlying the potential ineligibility, the

620 voter has a right to request a hearing for the purpose of

621 determining eligibility.

622 g. The following statement: "If you attempt to vote at an

623 early voting site or your normal election day polling place, you

624 will be required to vote a provisional ballot. If you vote by

625 mail, your ballot will be treated as a provisional ballot. In

626 either case, your ballot may not be counted until a final

627 determination of eligibility is made. If you wish for your

628 ballot to be counted, you must contact the supervisor of

629 elections office within 2 days after the election and present

630 evidence that you are eligible to vote."

631 3. If a registered voter fails to respond to a notice

632 pursuant to subparagraph 1. or subparagraph 2., the supervisor

633 must make a final determination of the voter's eligibility

634 within 7 days after expiration of the voter's timeframe to

635 respond. If the supervisor determines that the voter is

636 ineligible, the supervisor must remove the name of the

637 registered voter from the statewide voter registration system

638 within 7 days. The supervisor shall notify the registered voter

639 of the supervisor's determination and action.

640 4. If a registered voter responds to the notice pursuant

641 to subparagraph 1. or subparagraph 2. and admits the accuracy of

642 the information underlying the potential ineligibility, the

643 supervisor must, as soon as practicable, make a final

644 determination of ineligibility and remove the voter's name from

645 the statewide voter registration system. The supervisor shall

646 notify the registered voter of the supervisor's determination

647 and action.

648 5. If a registered voter responds to the notice issued

649 pursuant to subparagraph 1. or subparagraph 2. and denies the

650 accuracy of the information underlying the potential

651 ineligibility but does not request a hearing, the supervisor

652 must review the evidence and make a determination of eligibility

653 no later than 30 days after receiving the response from the

654 voter. If the supervisor determines that the registered voter is

655 ineligible, the supervisor must remove the voter's name from the

656 statewide voter registration system upon such determination and

657 notify the registered voter of the supervisor's determination

658 and action and that the removed voter has a right to appeal a

659 determination of ineligibility pursuant to s. 98.0755. If such

660 registered voter requests a hearing, the supervisor must send

661 notice to the registered voter to attend a hearing at a time and

662 place specified in the notice. The supervisor shall schedule and

663 issue notice for the hearing within 7 days after receiving the

664 voter's request for a hearing and shall hold the hearing no

665 later than 30 days after issuing the notice of the hearing. A

666 voter may request an extension upon showing good cause by

667 submitting an affidavit to the supervisor as to why he or she is

668 unable to attend the scheduled hearing. Upon hearing all

669 evidence presented at the hearing, the supervisor shall make a

670 determination of eligibility within 7 days. If the supervisor

671 determines that the registered voter is ineligible, the

672 supervisor must remove the voter's name from the statewide voter

673 registration system and notify the registered voter of the

674 supervisor's determination and action and that the removed voter

675 has a right to appeal a determination of ineligibility pursuant

676 to s. 98.0755.

677 Section 9. Present subsection (9) of section 98.093,

678 Florida Statutes, is redesignated as subsection (10), a new

679 subsection (9) is added to that section, and subsection (8) of

680 that section is amended, to read:

681 98.093 Duty of officials to furnish information relating

682 to deceased persons, persons adjudicated mentally incapacitated,

683 persons convicted of a felony, and persons who are not United

684 States citizens.—

685 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—The

686 Department of Highway Safety and Motor Vehicles shall furnish

687 weekly to the department the following information:

688 (a) Information identifying those persons whose names have

689 been removed from the Florida driver license or Florida

690 identification card database during the preceding week because

691 they have been licensed or been issued an identification card in

692 another state. The information must contain the person's name,

693 last known Florida address, date of birth, sex, last four digits

694 of his or her social security number, and Florida driver license

695 number or Florida identification card number and, if available,

696 the address and the state in which the person is now licensed.

697 (b) Information identifying those persons who during the

698 preceding week presented evidence of non-United States

699 citizenship upon being issued a new or renewed Florida driver

700 license or Florida identification card. The information must

701 contain the person's name; address; date of birth; last four

702 digits of the social security number, if applicable; Florida

703 driver license number or Florida identification card number, as

704 available; and alien registration number or other legal status

705 identifier.

706 (c) Information identifying those persons who during the

707 preceding week presented a document acceptable as evidence of

708 United States citizenship upon being issued a new, renewed, or

709 replacement Florida driver license or Florida identification

710 card. The information must contain the person's name; address;

711 date of birth; last four digits of the social security number,

712 if applicable; Florida driver license number or Florida

713 identification card number, as available; type of documentary

714 proof provided in support of citizenship; and, if applicable,

715 alien registration number or other legal status identifier.

716 (d) Information identifying a change in residence address

717 on the Florida driver license or Florida identification card of

718 any person who declined pursuant to s. 97.057(2) to register or

719 update his or her voter record. The information must contain the

720 person's name; date of birth; last four digits of the social

721 security number, if available; and Florida driver license number

722 or Florida identification card number, as available, in order to

723 identify a voter's registration record. The Department of State

724 must report each such change in residence address to the

725 appropriate supervisor, who must change the voter's registration

726 records in accordance with s. 98.065(4).

727 (e) Information identifying new, renewed, or replacement

728 Florida driver license or Florida identification card numbers

729 issued to persons who declined pursuant to s. 97.057(2) to

730 register or update their voter record. The information must

731 contain the person's name; date of birth; last four digits of

732 the social security number, if available; and the prior, if

733 applicable, and current Florida driver license number or Florida

734 identification card number in order to identify a voter's

735 registration record. Within 7 days, the Department of State

736 shall report such information to the appropriate supervisor, who

737 must update the voter registration records.

738 (f) Information identifying those persons for which it has

739 received official information during the preceding week that the

740 person is deceased. The information must contain the name,

741 address, date of birth, last four digits of the social security

742 number, Florida driver license number or Florida identification

743 card number, and date of death of each such person.

744 (9) FEDERAL COURTS.—Upon receipt of information from a

745 jury coordinator that a person was disqualified or potentially

746 disqualified as a prospective juror from jury service due to not

747 having United States citizenship, being convicted of a felony,

748 being deceased, being a nonresident of this state, or being a

749 nonresident of the county, the department shall use such

750 information to identify registered voters or applicants for

751 voter registration who may be potentially ineligible based on

752 information provided in accordance with s. 98.075.

753 Section 10. Effective upon this act becoming a law,

754 paragraphs (b), (c), and (d) of subsection (1) of section

755 99.021, Florida Statutes, are amended, and paragraphs (f) and

756 (g) are added to that subsection, to read:

757 99.021 Form of candidate oath.—

758 (1)

759 (b) In addition, any person seeking to qualify for

760 nomination as a candidate of any political party shall, at the

761 time of subscribing to the oath or affirmation, state in

762 writing:

763 1. The party of which the person is a member.

764 2. That the person has been a registered member of the

765 political party for which he or she is seeking nomination as a

766 candidate for at least 365 consecutive days preceding ~~before~~ the

767 beginning of qualifying before ~~preceding~~ the general election

768 for which the person seeks to qualify.

769 3. That the person has paid the assessment levied against

770 him or her, if any, as a candidate for said office by the

771 executive committee of the party of which he or she is a member.

772 4. That the person has not legally changed his or her name

773 through a petition pursuant to s. 68.07 during the 365-day

774 period preceding the beginning of qualifying. This subparagraph

775 does not apply to any change of name in proceedings for

776 dissolution of marriage or adoption of children or based on a

777 change of name conducted with a marriage certificate.

778 (c) In addition, any person seeking to qualify for office

779 as a candidate with no party affiliation shall, at the time of

780 subscribing to the oath or affirmation, state in writing that he

781 or she is registered without any party affiliation and that he

782 or she has not:

783 1. Been a registered member of any political party for at

784 least 365 consecutive days preceding ~~before~~ the beginning of

785 qualifying before ~~preceding~~ the general election for which the

786 person seeks to qualify.

787 2. Legally changed his or her name through a petition

788 pursuant to s. 68.07 during the 365-day period preceding the

789 beginning of qualifying. This subparagraph does not apply to any

790 change of name in proceedings for dissolution of marriage or

791 adoption of children or based on a change of name conducted with

792 a marriage certificate.

793 (d)1. In addition, each candidate, whether a party

794 candidate, a candidate with no party affiliation, or a write-in

795 candidate, shall, at the time of subscribing to the oath or

796 affirmation, state in writing whether he or she owes any

797 outstanding fines, fees, or penalties that cumulatively exceed

798 $250 for any violations of s. 8, Art. II of the State

799 Constitution; the Code of Ethics for Public Officers and

800 Employees under part III of chapter 112; any local ethics

801 ordinance governing standards of conduct and disclosure

802 requirements; or chapter 106. If the candidate owes any

803 outstanding fines, fees, or penalties exceeding the threshold

804 amount specified in this paragraph, he or she must also specify

805 the amount owed and each entity that levied such fine, fee, or

806 penalty. For purposes of this paragraph, any such fines, fees,

807 or penalties that have been paid in full at the time of

808 subscribing to the oath or affirmation are not deemed to be

809 outstanding.

810 2. In addition, each candidate seeking federal office,

811 whether a party candidate, a candidate with no party

812 affiliation, or a write-in candidate, shall, at the time of

813 subscribing to the oath or affirmation, state in writing whether

814 he or she intends to trade stocks, if elected, in a manner other

815 than through a trust or similar mechanism which strictly limits

816 his or her ability to influence or exercise control over

817 decisions regarding the management of assets.

818 (f) The statements in subparagraphs (b)4. and (c)2.

819 constitute substantive requirements for the person completing

820 the statement, and compliance with those requirements is

821 mandatory. The sole method to enforce compliance with such

822 requirements is contained in this paragraph. Compliance with

823 subparagraphs (b)4. and (c)2. may be challenged by a qualified

824 candidate or a political party with qualified candidates in the

825 same race by filing an action in the circuit court for the

826 county in which the qualifying officer is headquartered. A

827 person may not be qualified as a candidate for nomination or

828 election and his or her name may not appear on the ballot if in

829 an order that has become final, the court determines that the

830 person seeking to qualify has legally changed his or her name

831 through a petition pursuant to s. 68.07 during the 365-day

832 period preceding the beginning of qualifying, unless such change

833 of name occurred in proceedings for dissolution of marriage or

834 adoption of children or was based on a change of name conducted

835 with a marriage certificate.

836 (g) The statements in subparagraphs (b)2. and (c)1.

837 constitute substantive requirements for the person completing

838 the statement, and compliance with those requirements is

839 mandatory. The sole method to enforce compliance with such

840 requirements is contained in this paragraph. Compliance with

841 subparagraphs (b)2. and (c)1. may be challenged by a qualified

842 candidate or a political party with qualified candidates in the

843 same race by filing an action in the circuit court for the

844 county in which the qualifying officer is headquartered. A

845 person may not be qualified as a candidate for nomination or

846 election, and his or her name may not appear on the ballot, if,

847 in an order that has become final, the court determines that:

848 1. The person seeking to qualify for nomination as a

849 candidate of any political party has not been a registered

850 member of that party for the 365-day period preceding the

851 beginning of qualifying; or

852 2. The person seeking to qualify for office as a candidate

853 with no party affiliation has not been registered without party

854 affiliation for, or has been a registered member of any

855 political party during, the 365-day period preceding the

856 beginning of qualifying.

857 Section 11. Effective upon becoming a law, section

858 99.0211, Florida Statutes, is created to read:

859 99.0211 Challenging candidacy.—

860 (1) A candidate must be able to satisfy all statutory and

861 constitutional requirements for the office for which he or she

862 is seeking nomination or election.

863 (2) A candidate or a political party with a candidate in

864 the same race, or an affiliated party committee as authorized by

865 s. 103.092, may challenge a candidate's compliance with

866 subsection (1) by filing an action for declaratory and

867 injunctive relief in the circuit court for the county in which

868 the filing officer is headquartered.

869 (3) A person may not be qualified as a candidate for

870 nomination or election, and his or her name may not appear on

871 the ballot, if, in an order that has become final, the court

872 determines that the candidate will not, at the time of

873 qualification, election, or assumption of office, as applicable,

874 satisfy all statutory and constitutional requirements for the

875 office for which he or she is seeking nomination or election.

876 (4) A candidate, a political party, or an affiliated party

877 committee bringing an action for declaratory and injunctive

878 relief under subsection (2) is entitled to an expedited final

879 hearing, and any appeal of a final hearing must receive

880 expedited consideration by the appellate court. Upon a final

881 order of the circuit court which contains the determination

882 under subsection (3), the supervisor of elections in each county

883 affected by such candidacy shall remove the name of the

884 candidate from the ballot or, if the ballots have already been

885 printed, include a notice with each vote-by-mail ballot, and

886 post a notice at each early voting location and polling

887 precinct, stating that a vote for such candidate will not be

888 counted.

889 Section 12. Effective upon becoming a law, paragraph (a)

890 of subsection (7) of section 99.061, Florida Statutes, is

891 amended to read:

892 99.061 Method of qualifying for nomination or election to

893 federal, state, county, or district office.—

894 (7)(a) In order for a candidate to be qualified, the

895 following items must be received by the filing officer by the

896 end of the qualifying period:

897 1. A properly executed check drawn upon the candidate's

898 campaign account payable to the person or entity as prescribed

899 by the filing officer in an amount not less than the fee

900 required by s. 99.092, unless the candidate obtained the

901 required number of signatures on petitions pursuant to s.

902 99.095. The filing fee for a special district candidate is not

903 required to be drawn upon the candidate's campaign account. If a

904 candidate's check is returned by the bank for any reason, the

905 filing officer shall immediately notify the candidate and the

906 candidate shall have until the end of qualifying to pay the fee

907 with a cashier's check purchased from funds of the campaign

908 account. Failure to pay the fee as provided in this subparagraph

909 shall disqualify the candidate.

910 2. The candidate's oath required by s. 99.021, which must

911 contain the name of the candidate as it is to appear on the

912 ballot; the office sought, including the district or group

913 number if applicable; and the signature of the candidate, which

914 must be verified under oath or affirmation pursuant to s.

915 92.525(1)(a).

916 3. If the office sought is partisan, the written statement

917 of political party affiliation required by s. 99.021(1)(b); or

918 if the candidate is running without party affiliation for a

919 partisan office, the written statement required by s.

920 99.021(1)(c).

921 4. If the office sought is federal, the written statement

922 required by s. 99.021(1)(d)2.

923 5. The completed form for the appointment of campaign

924 treasurer and designation of campaign depository, as required by

925 s. 106.021.

926 6.5. The full and public disclosure or statement of

927 financial interests required by subsection (5). A public officer

928 who has filed the full and public disclosure or statement of

929 financial interests with the Commission on Ethics before

930 qualifying for office may file a copy of that disclosure or a

931 verification or receipt of electronic filing as provided in

932 subsection (5) at the time of qualifying.

933 7. An oath or affirmation in writing that states whether

934 the candidate is a citizen of another country in addition to

935 being a citizen of the United States, and, if so, discloses any

936 other country of which the candidate is also a citizen.

937 8. For a candidate seeking federal office, whether a party

938 candidate, a candidate with no party affiliation, or a write-in

939 candidate, an oath or affirmation in writing which states

940 whether the candidate previously held a federal office and, if

941 so, discloses whether the candidate traded stocks while in such

942 office in a manner other than through a trust or similar

943 mechanism which strictly limited his or her ability to influence

944 or exercise control over decisions regarding the management of

945 assets.

946 Section 13. Subsection (1) of section 101.043, Florida

947 Statutes, is amended to read:

948 101.043 Identification required at polls.—

949 (1)(a) The precinct register, as prescribed in s. 98.461,

950 must ~~shall~~ be used at the polls for the purpose of identifying

951 the elector at the polls before allowing him or her to vote. The

952 clerk or inspector shall require each elector, upon entering the

953 polling place, to present one of the following current and valid

954 picture identifications:

955 1. Florida driver license.

956 2. Florida identification card issued by the Department of

957 Highway Safety and Motor Vehicles.

958 3. United States passport or passport card.

959 4. ~~Debit or credit card.~~

960 5. United States uniformed services or Merchant Marine

961 ~~Military~~ identification.

962 ~~6. Student identification.~~

963 ~~7. Retirement center identification.~~

964 ~~8. Neighborhood association identification.~~

965 ~~9. Public assistance identification.~~

966 ~~5.10.~~ Veteran health identification card issued by the

967 United States Department of Veterans Affairs.

968 ~~6.11.~~ A license to carry a concealed weapon or firearm

969 issued pursuant to s. 790.06.

970 ~~7.12.~~ Any other ~~Employee~~ identification card issued by any

971 branch, department, agency, or entity of the Federal Government,

972 the state, a county, or a municipality, excluding identification

973 cards issued by an educational institution.

974 (b) If the picture identification does not contain the

975 signature of the elector, an additional identification that

976 provides the elector's signature is ~~shall be~~ required. The

977 address appearing on the identification presented by the elector

978 may not be used as the basis to challenge an elector's legal

979 residence. The elector must ~~shall~~ sign his or her name in the

980 space provided on the precinct register or on an electronic

981 device provided for recording the elector's signature. The clerk

982 or inspector shall compare the signature with that on the

983 identification provided by the elector and enter his or her

984 initials in the space provided on the precinct register or on an

985 electronic device provided for that purpose and allow the

986 elector to vote if the clerk or inspector is satisfied as to the

987 identity of the elector.

988 Section 14. Paragraph (d) of subsection (6) of section

989 101.048, Florida Statutes, is amended to read:

990 101.048 Provisional ballots.—

991 (6)

992 (d) Instructions must accompany the cure affidavit in

993 substantially the following form:

995 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE

996 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR

997 BALLOT NOT TO COUNT.

998 1. In order to cure the missing signature or the signature

999 discrepancy on your Provisional Ballot Voter's Certificate and

1000 Affirmation, your affidavit should be completed and returned as

1001 soon as possible so that it can reach the supervisor of

1002 elections of the county in which your precinct is located no

1003 later than 5 p.m. on the 2nd day after the election.

1004 2. You must sign your name on the line above (Voter's

1005 Signature).

1006 3. You must make a copy of one of the following forms of

1007 identification:

1008 a. Tier 1 identification.—Current and valid identification

1009 that includes your name and photograph: Florida driver license;

1010 Florida identification card issued by the Department of Highway

1011 Safety and Motor Vehicles; United States passport or passport

1012 card; United States uniformed services or Merchant Marine; ~~debit~~

1013 ~~or credit card; military identification; student identification;~~

1014 ~~retirement center identification; neighborhood association~~

1015 ~~identification; public assistance~~ identification; veteran health

1016 identification card issued by the United States Department of

1017 Veterans Affairs; Florida license to carry a concealed weapon or

1018 firearm; or any other ~~employee~~ identification card issued by any

1019 branch, department, agency, or entity of the Federal Government,

1020 the state, a county, or a municipality, excluding identification

1021 cards issued by an educational institution; or

1022 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1

1023 FORM OF IDENTIFICATION, identification that shows your name and

1024 current residence address: current utility bill; bank statement;

1025 government check; paycheck; or government document (excluding

1026 voter information card).

1027 4. Place the envelope bearing the affidavit into a mailing

1028 envelope addressed to the supervisor. Insert a copy of your

1029 identification in the mailing envelope. Mail (if time permits),

1030 deliver, or have delivered the completed affidavit along with

1031 the copy of your identification to your county supervisor of

1032 elections. Be sure there is sufficient postage if mailed and

1033 that the supervisor's address is correct. Remember, your

1034 information MUST reach your county supervisor of elections no

1035 later than 5 p.m. on the 2nd day following the election or your

1036 ballot will not count.

1037 5. Alternatively, you may fax or e-mail your completed

1038 affidavit and a copy of your identification to the supervisor of

1039 elections. If e-mailing, please provide these documents as

1040 attachments.

1041 6. Submitting a provisional ballot affidavit does not

1042 establish your eligibility to vote in this election or guarantee

1043 that your ballot will be counted. The county canvassing board

1044 determines your eligibility to vote through information provided

1045 on the Provisional Ballot Voter's Certificate and Affirmation,

1046 written evidence provided by you, including information in your

1047 cure affidavit along with any supporting identification, and any

1048 other evidence presented by the supervisor of elections or a

1049 challenger. You may still be required to present additional

1050 written evidence to support your eligibility to vote.

1051 Section 15. Subsection (1) of section 101.151, Florida

1052 Statutes, is amended to read:

1053 101.151 Specifications for ballots.—

1054 (1)(a) ~~Marksense~~ Ballots must ~~shall~~ be printed on paper of

1055 such thickness that the printing cannot be distinguished from

1056 the back and must ~~shall~~ meet the specifications of the voting

1057 system that will be used to tabulate the ballots.

1058 (b) Polling places and early voting sites may employ a

1059 ballot-on-demand production system to print individual ~~marksense~~

1060 ballots, including provisional ballots, for eligible voters

1061 ~~electors.~~ Ballot-on-demand technology may be used to produce

1062 ~~marksense~~ vote-by-mail, early voting, and election-day ballots.

1063 Section 16. Subsection (4) of section 101.5606, Florida

1064 Statutes, is amended to read:

1065 101.5606 Requirements for approval of systems.—No

1066 electronic or electromechanical voting system shall be approved

1067 by the Department of State unless it is so constructed that:

1068 (4) ~~For systems using marksense ballots,~~ It accepts a

1069 rejected ballot pursuant to subsection (3) if a voter chooses to

1070 cast the ballot, but records no vote for any office that has

1071 been overvoted or undervoted.

1072 Section 17. Section 101.56075, Florida Statutes, is

1073 amended to read:

1074 101.56075 Voting methods.—For the purpose of designating

1075 ballot selections, all voting must be by official ~~marksense~~

1076 ballot, using a pen compatible with or recommended for use with

1077 the voting system, unless a voter requests to vote using ~~marking~~

1078 ~~device or~~ a voter interface device that produces a voter-

1079 verifiable paper output and meets the voter accessibility

1080 requirements for individuals with disabilities under s. 301 of

1081 the federal Help America Vote Act of 2002 and s. 101.56062.

1082 Section 18. Section 101.5608, Florida Statutes, is amended

1083 to read:

1084 101.5608 Voting at the polls ~~by electronic or~~

1085 ~~electromechanical method;~~ procedures.—

1086 (1) Each voter ~~elector~~ desiring to vote must ~~shall~~ be

1087 identified to the clerk or inspector of the election as a duly

1088 qualified voter ~~elector~~ of such election and must ~~shall~~ sign his

1089 or her name on the precinct register or other form or device

1090 provided by the supervisor. The inspector shall compare the

1091 signature with the signature on the identification provided by

1092 the voter ~~elector.~~ If the inspector is reasonably sure that the

1093 person is entitled to vote, the inspector must ~~shall~~ provide the

1094 person with a ballot.

1095 (2) When an electronic or electromechanical voting system

1096 utilizes a ballot ~~card or marksense ballot,~~ the following

1097 procedures must ~~shall~~ be followed to vote:

1098 (a) After receiving a ballot from an inspector, the voter

1099 ~~elector~~ shall, without leaving the polling place, retire to a

1100 booth or compartment and mark the ballot. After marking his or

1101 her ballot, the voter must ~~elector shall~~ place the ballot in a

1102 secrecy envelope so that the ballot will be deposited in the

1103 tabulator without exposing the voter's choices.

1104 (b) Any voter who spoils his or her ballot or makes an

1105 error may return the ballot to the election official and secure

1106 another ballot, except that in no case shall a voter be

1107 furnished more than three ballots. If the vote tabulation device

1108 has rejected a ballot, the ballot must ~~shall~~ be considered

1109 spoiled and a new ballot must ~~shall~~ be provided to the voter

1110 unless the voter chooses to cast the rejected ballot. The

1111 election official, without examining the original ballot, shall

1112 state the possible reasons for the rejection and ~~shall~~ provide

1113 instruction to the voter pursuant to s. 101.5611. A spoiled

1114 ballot must ~~shall~~ be preserved, without examination, in an

1115 envelope provided for that purpose. ~~The stub shall be removed~~

1116 ~~from the ballot and placed in an envelope.~~

1117 (c) The supervisor of elections shall prepare for each

1118 polling place at least one ballot box to contain the ballots of

1119 a particular precinct, and each ballot box must ~~shall~~ be plainly

1120 marked with the name of the precinct for which it is intended.

1121 (3) The Department of State shall promulgate rules

1122 regarding voting procedures to be used when an electronic or

1123 electromechanical voting system is of a type which does not

1124 utilize a ballot ~~card or marksense ballot.~~

1125 (4) In any election in which a write-in candidate has

1126 qualified for office, the supervisor of elections shall provide

1127 for write-in voting pursuant to rules adopted by the Division of

1128 Elections.

1129 Section 19. Subsection (5) of section 101.5612, Florida

1130 Statutes, is amended to read:

1131 101.5612 Testing of tabulating equipment.—

1132 (5) Any tests involving ~~marksense~~ ballots pursuant to this

1133 section must ~~shall~~ employ test ballots created by the supervisor

1134 of elections using actual ballots that have been printed for the

1135 election. If ballot-on-demand ballots will be used in the

1136 election, the supervisor must ~~shall~~ also create test ballots

1137 using the ballot-on-demand technology that will be used to

1138 produce ballots in the election, using the same paper stock as

1139 will be used for ballots in the election.

1140 Section 20. Paragraph (d) of subsection (4) of section

1141 101.68, Florida Statutes, is amended to read:

1142 101.68 Canvassing of vote-by-mail ballot.—

1143 (4)

1144 (d) Instructions must accompany the cure affidavit in

1145 substantially the following form:

1147 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE

1148 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR

1149 BALLOT NOT TO COUNT.

1151 1. In order to ensure that your vote-by-mail ballot will

1152 be counted, your affidavit should be completed and returned as

1153 soon as possible so that it can reach the supervisor of

1154 elections of the county in which your precinct is located no

1155 later than 5 p.m. on the 2nd day after the election.

1156 2. You must sign your name on the line above (Voter's

1157 Signature).

1158 3. You must make a copy of one of the following forms of

1159 identification:

1160 a. Tier 1 identification.—Current and valid identification

1161 that includes your name and photograph: Florida driver license;

1162 Florida identification card issued by the Department of Highway

1163 Safety and Motor Vehicles; United States passport or passport

1164 card; United States uniformed services or Merchant Marine; ~~debit~~

1165 ~~or credit card; military identification; student identification;~~

1166 ~~retirement center identification; neighborhood association~~

1167 ~~identification; public assistance~~ identification; veteran health

1168 identification card issued by the United States Department of

1169 Veterans Affairs; a Florida license to carry a concealed weapon

1170 or firearm; or any ~~an employee~~ identification card issued by any

1171 branch, department, agency, or entity of the Federal Government,

1172 the state, a county, or a municipality, excluding identification

1173 cards issued by an educational institution; or

1174 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1

1175 FORM OF IDENTIFICATION, identification that shows your name and

1176 current residence address: current utility bill, bank statement,

1177 government check, paycheck, or government document (excluding

1178 voter information card).

1179 4. Place the envelope bearing the affidavit into a mailing

1180 envelope addressed to the supervisor. Insert a copy of your

1181 identification in the mailing envelope. Mail (if time permits),

1182 deliver, or have delivered the completed affidavit along with

1183 the copy of your identification to your county supervisor of

1184 elections. Be sure there is sufficient postage if mailed and

1185 that the supervisor's address is correct. Remember, your

1186 information MUST reach your county supervisor of elections no

1187 later than 5 p.m. on the 2nd day after the election, or your

1188 ballot will not count.

1189 5. Alternatively, you may fax or e-mail your completed

1190 affidavit and a copy of your identification to the supervisor of

1191 elections. If e-mailing, please provide these documents as

1192 attachments.

1193 Section 21. Subsection (2) of section 101.6923, Florida

1194 Statutes, is amended to read:

1195 101.6923 Special vote-by-mail ballot instructions for

1196 certain first-time voters.—

1197 (2) A voter covered by this section must be provided with

1198 printed instructions with his or her vote-by-mail ballot in

1199 substantially the following form:

1201 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR

1202 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR

1203 BALLOT NOT TO COUNT.

1205 1. In order to ensure that your vote-by-mail ballot will

1206 be counted, it should be completed and returned as soon as

1207 possible so that it can reach the supervisor of elections of the

1208 county in which your precinct is located no later than 7 p.m. on

1209 the date of the election. However, if you are an overseas voter

1210 casting a ballot in a presidential preference primary or general

1211 election, your vote-by-mail ballot must be postmarked or dated

1212 no later than the date of the election and received by the

1213 supervisor of elections of the county in which you are

1214 registered to vote no later than 10 days after the date of the

1215 election. Note that the later you return your ballot, the less

1216 time you will have to cure signature deficiencies, which is

1217 authorized until 5 p.m. local time on the 2nd day after the

1218 election.

1219 2. Mark your ballot in secret as instructed on the ballot.

1220 You must mark your own ballot unless you are unable to do so

1221 because of blindness, disability, or inability to read or write.

1222 3. Mark only the number of candidates or issue choices for

1223 a race as indicated on the ballot. If you are allowed to "Vote

1224 for One" candidate and you vote for more than one, your vote in

1225 that race will not be counted.

1226 4. Place your marked ballot in the enclosed secrecy

1227 envelope and seal the envelope.

1228 5. Insert the secrecy envelope into the enclosed envelope

1229 bearing the Voter's Certificate. Seal the envelope and

1230 completely fill out the Voter's Certificate on the back of the

1231 envelope.

1232 a. You must sign your name on the line above (Voter's

1233 Signature).

1234 b. If you are an overseas voter, you must include the date

1235 you signed the Voter's Certificate on the line above (Date) or

1236 your ballot may not be counted.

1237 c. A vote-by-mail ballot will be considered illegal and

1238 will not be counted if the signature on the Voter's Certificate

1239 does not match the signature on record. The signature on file at

1240 the start of the canvass of the vote-by-mail ballots is the

1241 signature that will be used to verify your signature on the

1242 Voter's Certificate. If you need to update your signature for

1243 this election, send your signature update on a voter

1244 registration application to your supervisor of elections so that

1245 it is received before your vote-by-mail ballot is received.

1246 6. Unless you meet one of the exemptions in Item 7., you

1247 must make a copy of one of the following forms of

1248 identification:

1249 a. Identification which must include your name and

1250 photograph: United States passport or passport card; United

1251 States uniformed services or Merchant Marine; ~~debit or credit~~

1252 ~~card; military identification; student identification;~~

1253 ~~retirement center identification; neighborhood association~~

1254 ~~identification; public assistance~~ identification; veteran health

1255 identification card issued by the United States Department of

1256 Veterans Affairs; a Florida license to carry a concealed weapon

1257 or firearm; or any ~~an employee~~ identification card issued by any

1258 branch, department, agency, or entity of the Federal Government,

1259 the state, a county, or a municipality, excluding identification

1260 cards issued by an educational institution; or

1261 b. Identification which shows your name and current

1262 residence address: current utility bill, bank statement,

1263 government check, paycheck, or government document (excluding

1264 voter information card).

1265 7. The identification requirements of Item 6. do not apply

1266 if you meet one of the following requirements:

1267 a. You are 65 years of age or older.

1268 b. You have a temporary or permanent physical disability.

1269 c. You are a member of a uniformed service on active duty

1270 who, by reason of such active duty, will be absent from the

1271 county on election day.

1272 d. You are a member of the Merchant Marine who, by reason

1273 of service in the Merchant Marine, will be absent from the

1274 county on election day.

1275 e. You are the spouse or dependent of a member referred to

1276 in paragraph c. or paragraph d. who, by reason of the active

1277 duty or service of the member, will be absent from the county on

1278 election day.

1279 f. You are currently residing outside the United States.

1280 8. Place the envelope bearing the Voter's Certificate into

1281 the mailing envelope addressed to the supervisor. Insert a copy

1282 of your identification in the mailing envelope. DO NOT PUT YOUR

1283 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR

1284 INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR

1285 BALLOT WILL NOT COUNT.

1286 9. Mail, deliver, or have delivered the completed mailing

1287 envelope. Be sure there is sufficient postage if mailed.

1288 10. FELONY NOTICE. It is a felony under Florida law to

1289 accept any gift, payment, or gratuity in exchange for your vote

1290 for a candidate. It is also a felony under Florida law to vote

1291 in an election using a false identity or false address, or under

1292 any other circumstances making your ballot false or fraudulent.

1293 Section 22. Subsection (2) of section 102.111, Florida

1294 Statutes, is amended to read:

1295 102.111 Elections Canvassing Commission.—

1296 (2) The Elections Canvassing Commission shall meet at 9 8

1297 a.m. on the 9th day after a primary election and at 9 8 a.m. on

1298 the 14th day after a general election to certify the returns of

1299 the election for each federal, state, and multicounty office and

1300 for each constitutional amendment. On days the Legislature

1301 convenes for organizational session pursuant to s. 3(a), Art.

1302 III of the State Constitution, such meeting will begin at 8 a.m.

1303 If a member of a county canvassing board that was constituted

1304 pursuant to s. 102.141 determines, within 5 days after the

1305 certification by the Elections Canvassing Commission, that a

1306 typographical error occurred in the official returns of the

1307 county, the correction of which could result in a change in the

1308 outcome of an election, the county canvassing board must certify

1309 corrected returns to the Department of State within 24 hours,

1310 and the Elections Canvassing Commission must correct and

1311 recertify the election returns as soon as practicable.

1312 Section 23. Subsections (3) through (7) of section

1313 102.141, Florida Statutes, are amended to read:

1314 102.141 County canvassing board; duties.—

1315 (3) The canvass, except the canvass of returned vote-by-

1316 mail ballots ~~absent electors' returns~~ and the canvass of

1317 provisional ballots, must ~~shall~~ be made from the returns and

1318 certificates of the inspectors as signed and filed by them with

1319 the supervisor, and the county canvassing board may ~~shall~~ not

1320 change the number of votes cast for a candidate, nominee,

1321 constitutional amendment, or other measure submitted to the

1322 electorate of the county, respectively, in any polling place, as

1323 shown by the returns. All returns must ~~shall~~ be made to the

1324 board on or before 2 a.m. of the day following any primary,

1325 general, or other election. If the returns from any precinct are

1326 missing, if there are any omissions on the returns from any

1327 precinct, or if there is an obvious error on any such returns,

1328 the canvassing board must ~~shall~~ order a retabulation of the

1329 returns from such precinct. Before canvassing such returns, the

1330 canvassing board shall examine the tabulation of the ballots

1331 cast in such precinct and determine whether the returns

1332 correctly reflect the votes cast. If there is a discrepancy

1333 between the returns and the tabulation of the ballots cast, the

1334 tabulation of the ballots cast must ~~shall~~ be presumed correct

1335 and such votes must ~~shall~~ be canvassed accordingly.

1336 (4)(a) The supervisor of elections shall upload into the

1337 county's election management system by 7 p.m. local time on the

1338 day before the election the results of all early voting and

1339 vote-by-mail ballots that have been canvassed and tabulated by

1340 the end of the early voting period. Pursuant to ss. 101.5614(8),

1341 101.657, and 101.68(2), the tabulation of votes cast or the

1342 results of such uploads may not be made public before the close

1343 of the polls on election day.

1344 (b) The supervisor of elections, on behalf of the

1345 canvassing board, shall report all early voting and all

1346 tabulated vote-by-mail results to the Department of State within

1347 30 minutes after the polls close. Thereafter, ~~the canvassing~~

1348 ~~board shall report,~~ with the exception of provisional ballot

1349 results, updated precinct election results shall be uploaded to

1350 the department at least every 45 minutes until all results are

1351 completely reported. The supervisor of elections shall notify

1352 the department immediately of any circumstances that do not

1353 permit periodic updates as required. Results must ~~shall~~ be

1354 submitted in a format prescribed by the department.

1355 (5) The canvassing board shall submit on forms or in

1356 formats provided by the division unofficial returns to the

1357 Department of State for each federal, statewide, state, or

1358 multicounty office or ballot measure no later than noon on the

1359 third day after any primary election and no later than noon on

1360 the fourth day after any general or other election. Such returns

1361 must ~~shall~~ include the canvass of all ballots, including write-

1362 in votes, as required by subsection (2).

1363 (6) If the county canvassing board determines that the

1364 unofficial returns may contain a counting error in which the

1365 vote tabulation system failed to count votes that were properly

1366 marked in accordance with the instructions on the ballot, the

1367 county canvassing board must ~~shall:~~

1368 (a) Correct the error and retabulate the affected ballots

1369 with the vote tabulation system; or

1370 (b) Request that the Department of State verify the

1371 tabulation software. When the Department of State verifies such

1372 software, the department shall compare the software used to

1373 tabulate the votes with the software filed with the department

1374 pursuant to s. 101.5607 and check the election parameters.

1375 (7) If the unofficial returns reflect that a candidate for

1376 any office was defeated or eliminated by one-half of a percent

1377 or less of the votes cast for such office, that a candidate for

1378 retention to a judicial office was retained or not retained by

1379 one-half of a percent or less of the votes cast on the question

1380 of retention, or that a measure appearing on the ballot was

1381 approved or rejected by one-half of a percent or less of the

1382 votes cast on such measure, a recount shall be ordered of the

1383 votes cast with respect to such office or measure. The Secretary

1384 of State is responsible for ordering recounts in races that are

1385 federal or, state races that are, ~~and~~ multicounty and any other

1386 multicounty races. The county canvassing board or the local

1387 board responsible for certifying the election is responsible for

1388 ordering recounts in all other races. A recount need not be

1389 ordered with respect to the returns for any office, however, if

1390 the candidate or candidates defeated or eliminated from

1391 contention for such office by one-half of a percent or less of

1392 the votes cast for such office request in writing that a recount

1393 not be made.

1394 (a) Each canvassing board responsible for conducting a

1395 recount shall put each ~~marksense~~ ballot through automatic

1396 tabulating equipment and determine whether the returns correctly

1397 reflect the votes cast. If any ~~marksense~~ ballot is physically

1398 damaged so that it cannot be properly counted by the automatic

1399 tabulating equipment during the recount, a true duplicate shall

1400 be made of the damaged ballot pursuant to the procedures in s.

1401 101.5614(4). Immediately before the start of the recount, a test

1402 of the tabulating equipment shall be conducted as provided in s.

1403 101.5612. If the test indicates no error, the recount tabulation

1404 of the ballots cast shall be presumed correct and such votes

1405 shall be canvassed accordingly. If an error is detected, the

1406 cause therefor shall be ascertained and corrected and the

1407 recount repeated, as necessary. The canvassing board shall

1408 immediately report the error, along with the cause of the error

1409 and the corrective measures being taken, to the Department of

1410 State. No later than 11 days after the election, the canvassing

1411 board shall file a separate incident report with the Department

1412 of State, detailing the resolution of the matter and identifying

1413 any measures that will avoid a future recurrence of the error.

1414 If the automatic tabulating equipment used in a recount is not

1415 part of the voting system and the ballots have already been

1416 processed through such equipment, the canvassing board is not

1417 required to put each ballot through any automatic tabulating

1418 equipment again.

1419 (b) Each canvassing board responsible for conducting a

1420 recount where touchscreen ballots were used shall examine the

1421 counters on the precinct tabulators to ensure that the total of

1422 the returns on the precinct tabulators equals the overall

1423 election return. If there is a discrepancy between the overall

1424 election return and the counters of the precinct tabulators, the

1425 counters of the precinct tabulators shall be presumed correct

1426 and such votes shall be canvassed accordingly.

1427 (c) The canvassing board shall submit on forms or in

1428 formats provided by the division a second set of unofficial

1429 returns to the Department of State for each federal, statewide,

1430 state, or multicounty office or ballot measure. The returns

1431 shall be filed no later than 3 p.m. on the 5th day after any

1432 primary election and no later than 3 p.m. on the 9th day after

1433 any general election in which a recount was ordered by the

1434 Secretary of State. If the canvassing board is unable to

1435 complete the recount prescribed in this subsection by the

1436 deadline, the second set of unofficial returns submitted by the

1437 canvassing board shall be identical to the initial unofficial

1438 returns and the submission shall also include a detailed

1439 explanation of why it was unable to timely complete the recount.

1440 However, the canvassing board shall complete the recount

1441 prescribed in this subsection, along with any manual recount

1442 prescribed in s. 102.166, and certify election returns in

1443 accordance with the requirements of this chapter.

1444 (d) The Department of State shall adopt detailed rules

1445 prescribing additional recount procedures for each certified

1446 voting system, which shall be uniform to the extent practicable.

1447 Section 24. Subsection (1) of section 102.166, Florida

1448 Statutes, is amended to read:

1449 102.166 Manual recounts of overvotes and undervotes.—

1450 (1) If the second set of unofficial returns pursuant to s.

1451 102.141 indicates that a candidate for any office was defeated

1452 or eliminated by one-quarter of a percent or less of the votes

1453 cast for such office, that a candidate for retention to a

1454 judicial office was retained or not retained by one-quarter of a

1455 percent or less of the votes cast on the question of retention,

1456 or that a measure appearing on the ballot was approved or

1457 rejected by one-quarter of a percent or less of the votes cast

1458 on such measure, a manual recount of the overvotes and

1459 undervotes cast in the entire geographic jurisdiction of such

1460 office or ballot measure must ~~shall~~ be ordered unless:

1461 (a) The candidate or candidates defeated or eliminated

1462 from contention by one-quarter of 1 percent or fewer of the

1463 votes cast for such office request in writing that a recount not

1464 be made; or

1465 (b) The number of overvotes and undervotes is fewer than

1466 the number of votes needed to change the outcome of the

1467 election.

1469 The Secretary of State is responsible for ordering a manual

1470 recount for federal or, state races that are multicounty, and

1471 any other multicounty races. The county canvassing board or

1472 local board responsible for certifying the election is

1473 responsible for ordering a manual recount for all other races. A

1474 manual recount consists of a recount of ~~marksense~~ ballots or of

1475 digital images of those ballots by a person.

1476 Section 25. Effective July 1, 2026, section 104.042,

1477 Florida Statutes, is created to read:

1478 104.042 Time limitation; election fraud.—A prosecution for

1479 a felony violation under the Florida Election Code must be

1480 commenced within 5 years after the date the violation is

1481 committed.

1482 Section 26. Effective upon becoming a law, paragraph (a)

1483 of subsection (5) of section 105.031, Florida Statutes, is

1484 amended to read:

1485 105.031 Qualification; filing fee; candidate's oath; items

1486 required to be filed.—

1487 (5) ITEMS REQUIRED TO BE FILED.—

1488 (a) In order for a candidate for judicial office or the

1489 office of school board member to be qualified, the following

1490 items must be received by the filing officer by the end of the

1491 qualifying period:

1492 1. Except for candidates for retention to judicial office,

1493 a properly executed check drawn upon the candidate's campaign

1494 account in an amount not less than the fee required by

1495 subsection (3) or, in lieu thereof, the copy of the notice of

1496 obtaining ballot position pursuant to s. 105.035. If a

1497 candidate's check is returned by the bank for any reason, the

1498 filing officer shall immediately notify the candidate and the

1499 candidate shall, the end of qualifying notwithstanding, have 48

1500 hours from the time such notification is received, excluding

1501 Saturdays, Sundays, and legal holidays, to pay the fee with a

1502 cashier's check purchased from funds of the campaign account.

1503 Failure to pay the fee as provided in this subparagraph shall

1504 disqualify the candidate.

1505 2. The candidate's oath required by subsection (4), which

1506 must contain the name of the candidate as it is to appear on the

1507 ballot; the office sought, including the district or group

1508 number if applicable; and the signature of the candidate, duly

1509 acknowledged.

1510 3. The loyalty oath required by s. 876.05, signed by the

1511 candidate and duly acknowledged.

1512 4. The completed form for the appointment of campaign

1513 treasurer and designation of campaign depository, as required by

1514 s. 106.021. In addition, each candidate for judicial office,

1515 including an incumbent judge, shall file a statement with the

1516 qualifying officer, within 10 days after filing the appointment

1517 of campaign treasurer and designation of campaign depository,

1518 stating that the candidate has read and understands the

1519 requirements of the Florida Code of Judicial Conduct. Such

1520 statement shall be in substantially the following form:

1522 Statement of Candidate for Judicial Office

1524 I, ...(name of candidate)..., a judicial candidate, have

1525 received, read, and understand the requirements of the Florida

1526 Code of Judicial Conduct.

1527 ...(Signature of candidate)...

1528 ...(Date)...

1530 5. The full and public disclosure of financial interests

1531 required by s. 8, Art. II of the State Constitution or the

1532 statement of financial interests required by s. 112.3145,

1533 whichever is applicable. A public officer who has filed the full

1534 and public disclosure or statement of financial interests with

1535 the Commission on Ethics or the supervisor of elections prior to

1536 qualifying for office may file a copy of that disclosure at the

1537 time of qualifying.

1538 6. An oath or affirmation in writing that states whether

1539 the candidate is a citizen of another country in addition to

1540 being a citizen of the United States, and, if so, discloses any

1541 other country of which the candidate is also a citizen.

1542 Section 27. Effective upon becoming a law, subsection (3)

1543 is added to section 106.023, Florida Statutes, to read:

1544 106.023 Statement of candidate.—

1545 (3) At the time of filing the statement of candidacy, a

1546 candidate must also provide an oath or affirmation in writing

1547 that states that he or she meets, or will meet at the time of

1548 election for the office sought or at the time of assuming the

1549 office, as applicable, all statutory and constitutional

1550 qualifications for the office sought.

1551 Section 28. Effective July 1, 2026, subsection (12) of

1552 section 106.08, Florida Statutes, is amended to read:

1553 106.08 Contributions; limitations on.—

1554 (12)(a)1. For purposes of this subsection, the term

1555 "foreign national" means:

1556 a. A foreign government;

1557 b. A foreign political party;

1558 c. A foreign corporation, partnership, association,

1559 organization, or other combination of persons organized under

1560 the laws of or having its principal place of business in a

1561 foreign country;

1562 d. A person with foreign citizenship; or

1563 e. A person who is not a citizen or national of the United

1564 States and is not lawfully admitted to the United States for

1565 permanent residence.

1566 2. The term does not include:

1567 a. A person who is a dual citizen or dual national of the

1568 United States and a foreign country.

1569 b. A domestic subsidiary of a foreign corporation,

1570 partnership, association, organization, or other combination of

1571 persons organized under the laws of or having its principal

1572 place of business in a foreign country if:

1573 (I) The donations and disbursements used toward a

1574 contribution or an expenditure are derived entirely from funds

1575 generated by the subsidiary's operations in the United States;

1576 and

1577 (II) All decisions concerning donations and disbursements

1578 used toward a contribution or an expenditure are made by

1579 individuals who either hold United States citizenship or are

1580 permanent residents of the United States. For purposes of this

1581 sub-sub-subparagraph, decisions concerning donations and

1582 disbursements do not include decisions regarding the

1583 subsidiary's overall budget for contributions or expenditures in

1584 connection with an election.

1585 (b) A foreign national may not make or offer to make,

1586 directly or indirectly, a contribution or expenditure in

1587 connection with any election held in the state.

1588 (c) A political party, a political committee, an

1589 electioneering communications organization, or a candidate may

1590 not knowingly and willfully accept or solicit, directly or

1591 indirectly, a contribution from a foreign national in connection

1592 with any election held in this state.

1593 Section 29. Section 322.034, Florida Statutes, is created

1594 to read:

1595 322.034 Legal status designation on state-issued driver

1596 licenses and identification cards.—

1597 (1) By July 1, 2027, a Florida driver license or Florida

1598 identification card issued to a qualified applicant who is a

1599 United States citizen as last recorded in the system must

1600 include his or her legal citizenship status at the time of new

1601 issuance, renewal, or replacement.

1602 (2) Notwithstanding any other law, the department must, at

1603 no charge, issue a renewal or replacement driver license or

1604 identification card if a licensee or cardholder timely updates

1605 his or her legal status upon becoming a citizen of the United

1606 States as required in s. 322.19.

1607 Section 30. Effective July 1, 2026, paragraphs (a) and (d)

1608 of subsection (8) of section 895.02, Florida Statutes, are

1609 amended to read:

1610 895.02 Definitions.—As used in ss. 895.01-895.08, the

1611 term:

1612 (8) "Racketeering activity" means to commit, to attempt to

1613 commit, to conspire to commit, or to solicit, coerce, or

1614 intimidate another person to commit:

1615 (a) Any crime that is chargeable by petition, indictment,

1616 or information under the following provisions of the Florida

1617 Statutes:

1618 1. Section 104.155(2), relating to aiding or soliciting a

1619 noncitizen in voting.

1620 2. Section 104.185, s. 104.186, s. 104.187, or s. 104.188,

1621 relating to issue petition activities.

1622 3.2. Section 210.18, relating to evasion of payment of

1623 cigarette taxes.

1624 4.3. Section 316.1935, relating to fleeing or attempting

1625 to elude a law enforcement officer and aggravated fleeing or

1626 eluding.

1627 5.4. Chapter 379, relating to the illegal sale, purchase,

1628 collection, harvest, capture, or possession of wild animal life,

1629 freshwater aquatic life, or marine life, and related crimes.

1630 6.5. Section 403.727(3)(b), relating to environmental

1631 control.

1632 7.6. Section 409.920 or s. 409.9201, relating to Medicaid

1633 fraud.

1634 8.7. Section 414.39, relating to public assistance fraud.

1635 9.8. Section 440.105 or s. 440.106, relating to workers'

1636 compensation.

1637 10.9. Section 443.071(4), relating to creation of a

1638 fictitious employer scheme to commit reemployment assistance

1639 fraud.

1640 11.10. Section 465.0161, relating to distribution of

1641 medicinal drugs without a permit as an Internet pharmacy.

1642 12.11. Section 499.0051, relating to crimes involving

1643 contraband, adulterated, or misbranded drugs.

1644 13.12. Part IV of chapter 501, relating to telemarketing.

1645 14.13. Chapter 517, relating to sale of securities and

1646 investor protection.

1647 15.14. Section 550.235 or s. 550.3551, relating to

1648 dogracing and horseracing.

1649 16.15. Chapter 550, relating to jai alai frontons.

1650 17.16. Section 551.109, relating to slot machine gaming.

1651 18.17. Chapter 552, relating to the manufacture,

1652 distribution, and use of explosives.

1653 19.18. Chapter 560, relating to money transmitters, if the

1654 violation is punishable as a felony.

1655 20.19. Chapter 562, relating to beverage law enforcement.

1656 21.20. Section 624.401, relating to transacting insurance

1657 without a certificate of authority, s. 624.437(4)(c)1., relating

1658 to operating an unauthorized multiple-employer welfare

1659 arrangement, or s. 626.902(1)(b), relating to representing or

1660 aiding an unauthorized insurer.

1661 22.21. Section 655.50, relating to reports of currency

1662 transactions, when such violation is punishable as a felony.

1663 23.22. Chapter 687, relating to interest and usurious

1664 practices.

1665 24.23. Section 721.08, s. 721.09, or s. 721.13, relating

1666 to real estate timeshare plans.

1667 25.24. Section 775.13(5)(b), relating to registration of

1668 persons found to have committed any offense for the purpose of

1669 benefiting, promoting, or furthering the interests of a criminal

1670 gang.

1671 26.25. Section 777.03, relating to commission of crimes by

1672 accessories after the fact.

1673 27.26. Chapter 782, relating to homicide.

1674 28.27. Chapter 784, relating to assault and battery.

1675 29.28. Chapter 787, relating to kidnapping, human

1676 smuggling, or human trafficking.

1677 30.29. Chapter 790, relating to weapons and firearms.

1678 31.30. Chapter 794, relating to sexual battery, but only

1679 if such crime was committed with the intent to benefit, promote,

1680 or further the interests of a criminal gang, or for the purpose

1681 of increasing a criminal gang member's own standing or position

1682 within a criminal gang.

1683 32.31. Former s. 796.03, former s. 796.035, s. 796.04, s.

1684 796.05, or s. 796.07, relating to prostitution.

1685 33.32. Chapter 806, relating to arson and criminal

1686 mischief.

1687 34.33. Chapter 810, relating to burglary and trespass.

1688 35.34. Chapter 812, relating to theft, robbery, and

1689 related crimes.

1690 36.35. Chapter 815, relating to computer-related crimes.

1691 37.36. Chapter 817, relating to fraudulent practices,

1692 false pretenses, fraud generally, credit card crimes, and

1693 patient brokering.

1694 38.37. Chapter 825, relating to abuse, neglect, or

1695 exploitation of an elderly person or disabled adult.

1696 39.38. Section 827.071, relating to commercial sexual

1697 exploitation of children.

1698 40.39. Section 828.122, relating to fighting or baiting

1699 animals.

1700 41.40. Chapter 831, relating to forgery and

1701 counterfeiting.

1702 42.41. Chapter 832, relating to issuance of worthless

1703 checks and drafts.

1704 43.42. Section 836.05, relating to extortion.

1705 44.43. Chapter 837, relating to perjury.

1706 45.44. Chapter 838, relating to bribery and misuse of

1707 public office.

1708 46.45. Chapter 843, relating to obstruction of justice.

1709 47.46. Section 847.011, s. 847.012, s. 847.013, s. 847.06,

1710 or s. 847.07, relating to obscene literature and profanity.

1711 48.47. Chapter 849, relating to gambling, lottery,

1712 gambling or gaming devices, slot machines, or any of the

1713 provisions within that chapter.

1714 49.48. Chapter 874, relating to criminal gangs.

1715 50.49. Chapter 893, relating to drug abuse prevention and

1716 control.

1717 51.50. Chapter 896, relating to offenses related to

1718 financial transactions.

1719 52.51. Sections 914.22 and 914.23, relating to tampering

1720 with or harassing a witness, victim, or informant, and

1721 retaliation against a witness, victim, or informant.

1722 53.52. Sections 918.12, 918.125, and 918.13, relating to

1723 tampering with or harassing court official, retaliating against

1724 court official, and tampering with evidence.

1725 ~~(d) A violation of the Florida Election Code relating to~~

1726 ~~irregularities or fraud involving issue petition activities.~~

1727 Section 31. For the purpose of incorporating the amendment

1728 made by this act to section 98.075, Florida Statutes, in a

1729 reference thereto, subsection (6) of section 98.065, Florida

1730 Statutes, is reenacted to read:

1731 98.065 Registration list maintenance programs.—

1732 (6) The supervisor shall, at a minimum, conduct an annual

1733 review of voter registration records to identify registration

1734 records in which a voter is registered at an address that may

1735 not be an address of legal residence for the voter. For those

1736 registration records with such addresses that the supervisor has

1737 reasonable belief are not legal residential addresses, the

1738 supervisor shall initiate list maintenance activities pursuant

1739 to s. 98.075(6) and (7).

1740 Section 32. For the purpose of incorporating the

1741 amendments made by this act to sections 99.061 and 105.031,

1742 Florida Statutes, in references thereto, paragraph (b) of

1743 subsection (1) of section 99.012, Florida Statutes, is reenacted

1744 to read:

1745 99.012 Restrictions on individuals qualifying for public

1746 office.—

1747 (1) As used in this section:

1748 (b) "Qualify" means to fulfill the requirements set forth

1749 in s. 99.061(7)(a) or s. 105.031(5)(a).

1750 Section 33. For the purpose of incorporating the amendment

1751 made by this act to section 98.015, Florida Statutes, in a

1752 reference thereto, paragraph (a) of subsection (2) of section

1753 101.69, Florida Statutes, is reenacted to read:

1754 101.69 Voting in person; return of vote-by-mail ballot.—

1755 (2)(a) The supervisor shall allow an elector who has

1756 received a vote-by-mail ballot to physically return a voted

1757 vote-by-mail ballot to the supervisor by placing the return mail

1758 envelope containing his or her marked ballot in a secure ballot

1759 intake station. Secure ballot intake stations shall be placed at

1760 the main office of the supervisor, at each permanent branch

1761 office of the supervisor which meets the criteria set forth in

1762 s. 101.657(1)(a) for branch offices used for early voting and

1763 which is open for at least the minimum number of hours

1764 prescribed by s. 98.015(4), and at each early voting site.

1765 Secure ballot intake stations may also be placed at any other

1766 site that would otherwise qualify as an early voting site under

1767 s. 101.657(1). Secure ballot intake stations must be

1768 geographically located so as to provide all voters in the county

1769 with an equal opportunity to cast a ballot, insofar as is

1770 practicable. Except for secure ballot intake stations at an

1771 office of the supervisor, a secure ballot intake station may

1772 only be used during the county's early voting hours of operation

1773 and must be monitored in person by an employee of the

1774 supervisor's office. A secure ballot intake station at an office

1775 of the supervisor must be continuously monitored in person by an

1776 employee of the supervisor's office when the secure ballot

1777 intake station is accessible for deposit of ballots.

1778 Section 34. Except as otherwise expressly provided in this

1779 act and except for this section, which shall take effect upon

1780 this act becoming a law, this act shall take effect January 1,

1781 2027.