Florida 2011 Election Laws

8/2/2019 Florida 2011 Election Laws

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2011-40, Laws of Florida Sections Awaiting PreclearanceNOTE: Those counties who are required to have election laws precleared (Collier, Hardee,

Hendry, Hillsborough, and Monroe counties) will need to adhere to the 2010 Laws until the

below sections (which have also been highlighted in this document) have been precleared:

Section 4 Relating to 3rd

Party Voter Registration Organizations s. 97.0575

Section 23 Relating to Petition Signature Verification s. 100.371

Section 26 Relating to Out-of-County Address Changes at the Polling Place s. 101.045

Section 39 Relating to Early Voting s. 101.657


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Section 4. Section 97.0575, Florida Statutes, is amended to read: 97.0575 Third-party voter registrations. (1) Before engaging in any voter registration activities, a third-party voter

registration organization must register and provide to the division, in an electronic format,

the following information:

(a) The names of the officers of the organization and the name and permanentaddress of the organization.

(b) The name and address of the organization's registered agent in the state.

(c) The names, permanent addresses, and temporary addresses, if any, of each

registration agent registering persons to vote in this state on behalf of the organization.

(d) A sworn statement from each registration agent employed by or volunteering for

the organization stating that the agent will obey all state laws and rules regarding the

registration of voters. Such statement must be on a form containing notice of applicable

penalties for false registration.

(2) The division or the supervisor of elections shall make voter registration forms

available to third-party voter registration organizations. All such forms must contain

information identifying the organization to which the forms are provided. The divisionshall maintain a database of all third-party voter registration organizations and the voter

registration forms assigned to the third-party voter registration organization. Each

supervisor of elections shall provide to the division information on voter registration forms

assigned to and received from third-party voter registration organizations. The

information must be provided in a format and at times as required by the division by rule.

The division must update information on third-party voter registrations daily and make

the information publicly available.

(1) Prior to engaging in any voter registration activities, a third-party voter

registration organization shall name a registered agent in the state and submit to the

division, in a form adopted by the division, the name of the registered agent and the name

of those individuals responsible for the day-to-day operation of the third-party voter

registration organization, including, if applicable, the names of the entity's board of

directors, president, vice president, managing partner, or such other individuals engaged in

similar duties or functions. On or before the 15th day after the end of each calendar

quarter, each third-party voter registration organization shall submit to the division a

report providing the date and location of any organized voter registration drives conducted

by the organization in the prior calendar quarter.

(2) The failure to submit the information required by subsection (1) does not subject

the third-party voter registration organization to any civil or criminal penalties for such

failure, and the failure to submit such information is not a basis for denying such third-

party voter registration organization with copies of voter registration application forms.

(3)(a) A third-party voter registration organization that collects voter registrationapplications serves as a fiduciary to the applicant, ensuring that any voter registration applicationentrusted to the third-party voter registration organization, irrespective of party affiliation,race, ethnicity, or gender, shall be promptly delivered to the division or the supervisor ofelections within 48 hours after the applicant completes it or the next business day if theappropriate office is closed for that 48-hour period. If a voter registration applicationcollected by any third-party voter registration organization is not promptly delivered to the


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division or supervisor of elections, the third-party voter registration organization is shall beliable for the following fines:

1.(a) A fine in the amount of $50 for each application received by the division or thesupervisor of elections more than 48 hours 10 days after the applicant delivered the completedvoter registration application to the third-party voter registration organization or any person,

entity, or agent acting on its behalfor the next business day, if the office is closed. A fine in theamount of $250 for each application received if the third-party voter registration organization orperson, entity, or agency acting on its behalf acted willfully.

2.(b) A fine in the amount of $100 for each application collected by a third-party voterregistration organization or any person, entity, or agent acting on its behalf, before prior to bookclosing for any given election for federal or state office and received by the division or thesupervisor of elections after the book-closing book closing deadline for such election. A fine inthe amount of $500 for each application received if the third-party registration organization orperson, entity, or agency acting on its behalf acted willfully.

3.(c) A fine in the amount of $500 for each application collected by a third-party voterregistration organization or any person, entity, or agent acting on its behalf, which is not

submitted to the division or supervisor of elections. A fine in the amount of $1,000 for anyapplication not submitted if the third-party voter registration organization or person, entity, oragency acting on its behalf acted willfully.

The aggregate fine pursuant to this paragraph subsection which may be assessed against athird-party voter registration organization, including affiliate organizations, for violationscommitted in a calendar year is shall be $1,000.

(b) A showing by the fines provided in this subsection shall be reduced by three-fourths in cases in which the third-party voter registration organization that the failure todeliver the voter registration application within the required timeframe is based upon force

majeure or impossibility of performance shall be an affirmative defense to a violation of

this subsection has complied with subsection (1). The secretary may shall waive the finesdescribed in this subsection upon a showing that the failure to deliver the voter registrationapplication promptly is based upon force majeure or impossibility of performance.

(4) If the Secretary of State reasonably believes that a person has committed a

violation of this section, the secretary may refer the matter to the Attorney General for

enforcement. The Attorney General may institute a civil action for a violation of this

section or to prevent a violation of this section. An action for relief may include a

permanent or temporary injunction, a restraining order, or any other appropriate order.

(5)(4)(a) The division shall adopt by rule a form to elicit specific information concerningthe facts and circumstances from a person who claims to have been registered to vote by a third-party voter registration organization but who does not appear as an active voter on the voterregistration rolls. The division shall also adopt rules to ensure the integrity of theregistration process, including rules requiring third-party voter registration organizations

to account for all state and federal registration forms used by their registration agents.

Such rules may require an organization to provide organization and form specific

identification information on each form as determined by the department as needed to

assist in the accounting of state and federal registration forms.

(b) The division may investigate any violation of this section. Civil fines shall be

assessed by the division and enforced through any appropriate legal proceedings.


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(6)(5) The date on which an applicant signs a voter registration application is presumed tobe the date on which the third-party voter registration organization received or collected the voterregistration application.

(7) The requirements of this section are retroactive for any third-party voter

registration organization registered with the department on the effective date of this act,

and must be complied with within 90 days after the department provides notice to thethird-party voter registration organization of the requirements contained in this section.

Failure of the third-party voter registration organization to comply with the requirements

within 90 days after receipt of the notice shall automatically result in the cancellation of the

third-party voter registration organization's registration.

(6) The civil fines provided in this section are in addition to any applicable criminal

penalties.

(7) Fines collected pursuant to this section shall be annually appropriated by the

Legislature to the department for enforcement of this section and for voter education.

(8) The division may adopt rules to administer this section.


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Section 23. Subsections (1), (3), (6), (7), and (8) of 1569 section 100.371, FloridaStatutes, are amended to read:100.371 Initiatives; procedure for placement on ballot.

(1) Constitutional amendments proposed by initiative shall be placed on the ballot for thegeneral election, provided the initiative petition has been filed with the Secretary of State no later

than February 1 of the year the general election is held. A petition shall be deemed to be filedwith the Secretary of State upon the date the secretary determines that valid and verified petitionforms have been signed by the constitutionally required number and distribution of electorsunder this code, subject to the right of revocation established in this section.

(3) An initiative petition form circulated for signature may not be bundled with orattached to any other petition. Each signature shall be dated when made and shall be valid for aperiod of2 4 years following such date, provided all other requirements of law are met. Thesponsor shall submit signed and dated forms to the appropriate supervisor of elections for thecounty of residence listed by the person signing the form for verification ofas to the numberof registered electors whose valid signatures obtained appear thereon. If a signature on apetition is from a registered voter in another county, the supervisor shall notify the petition

sponsor of the misfiled petition. The supervisor shall promptly verify the signatures within 30days after ofreceipt of the petition forms and payment of the fee required by s. 99.097. Thesupervisor shall promptly record, in the manner prescribed by the Secretary of State, the dateeach form is received by the supervisor, and the date the signature on the form is verified asvalid. The supervisor may verify that the signature on a form is valid only if:

(a) The form contains the original signature of the purported elector.(b) The purported elector has accurately recorded on the form the date on which he or she

signed the form.(c) The form accurately sets forth the purported elector's name, street address, city,

county, and voter registration number or date of birth.(d) The purported elector is, at the time he or she signs the form and at the time the

form is verified, a duly qualified and registered elector authorized to vote in the state countyin which his or her signature is submitted.

The supervisor shall retain the signature forms for at least 1 year following the election in whichthe issue appeared on the ballot or until the Division of Elections notifies the supervisors ofelections that the committee that which circulated the petition is no longer seeking to obtainballot position.

(6)(a) An elector's signature on a petition form may be revoked within 150 days of

the date on which he or she signed the petition form by submitting to the appropriate

supervisor of elections a signed petition-revocation form.

(b) The petition-revocation form and the manner in which signatures are obtained,

submitted, and verified shall be subject to the same relevant requirements and timeframes

as the corresponding petition form and processes under this code and shall be approved by

the Secretary of State before any signature on a petition-revocation form is obtained.

(c) In those circumstances in which a petition-revocation form for a corresponding

initiative petition has not been submitted and approved, an elector may complete and

submit a standard petition-revocation form directly to the supervisor of elections. All other

requirements and processes apply for the submission and verification of the signatures as

for initiative petitions.


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(d) Supervisors of elections shall provide petition-revocation forms to the public at

all main and branch offices.

(e) The petition-revocation form shall be filed with the supervisor of elections by

February 1 preceding the next general election or, if the initiative amendment is not

certified for ballot position in that election, by February 1 preceding the next successive

general election. The supervisor of elections shall promptly verify the signature on thepetition-revocation form and process such revocation upon payment, in advance, of a fee of

10 cents or the actual cost of verifying such signature, whichever is less. The supervisor

shall promptly record each valid and verified signature on a petition-revocation form in the

manner prescribed by the Secretary of State.

(f) The division shall adopt by rule the petition-revocation forms to be used under

this subsection.

(6)(7) The Department of State may adopt rules in accordance with s. 120.54 to carry outthe provisions of subsections (1)-(5) (1)-(6).

(7)(8) No provision of this code shall be deemed to prohibit a private person exercisinglawful control over privately owned property, including property held open to the public for the

purposes of a commercial enterprise, from excluding from such property persons seeking toengage in activity supporting or opposing initiative amendments.


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Section 26. Section 101.045, Florida Statutes, is amended to read:101.045 Electors must be registered in precinct; provisions for change of residence or

name.(1) A No person is not shall be permitted to vote in any election precinct or district other

than the one in which the person has his or her legal residence and in which the person is

registered. However, a person temporarily residing outside the county shall be registered in theprecinct in which the main office of the supervisor, as designated by the supervisor, is locatedwhen the person has no permanent address in the county and it is the person's intention to remaina resident of Florida and of the county in which he or she is registered to vote. Such persons whoare registered in the precinct in which the main office of the supervisor, as designated by thesupervisor, is located and who are residing outside the county with no permanent address in thecounty shall not be registered electors of a municipality and therefore shall not be permitted tovote in any municipal election.

(2)(a) An elector who moves from the precinct in which the elector is registered may bepermitted to vote in the precinct to which he or she has moved his or her legal residence, if thechange of residence is within the same county and the provided such elector completes an

affirmation in substantially the following form:Change of Legal Residence of RegisteredVoter

Under penalties for false swearing, I, ...(Name of voter)..., swear (or affirm) that the formeraddress of my legal residence was ...(Address of legal residence)... in the municipality of ...., in.... County, Florida, and I was registered to vote in the .... precinct of .... County, Florida; that Ihave not voted in the precinct of my former registration in this election; that I now reside at...(Address of legal residence)... in the Municipality of ...., in .... County, Florida, and amtherefore eligible to vote in the .... precinct of .... County, Florida; and I further swear (or affirm)that I am otherwise legally registered and entitled to vote.

...(Signature of voter whose address of legal residence has changed)...(b) Except for an active uniformed services voter or a member of his or her family,

an elector whose change of address is from outside the county may not change his or her

legal residence at the polling place and vote a regular ballot; however, such elector is

entitled to vote a provisional ballot.

(c)(b) An elector whose name changes because of marriage or other legal process may bepermitted to vote, provided such elector completes an affirmation in substantially the followingform:

Change of Name of RegisteredVoter

Under penalties for false swearing, I, ...(New name of voter)..., swear (or affirm) that my namehas been changed because of marriage or other legal process. My former name and address oflegal residence appear on the registration records of precinct .... as follows:Name........................................................Address.....................................................Municipality................................................County......................................................Florida, Zip................................................My present name and address of legal residence are as follows:Name........................................................


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Address..................................................... Municipality................................................ County...................................................... Florida, Zip................................................ and I further swear (or affirm) that I am otherwise legally registered and entitled to vote.

...(Signature of voter whose name has changed)...(d)(c) Instead of the affirmation contained in paragraph (a) or paragraph (c) (b), anelector may complete a voter registration application that indicates the change of name or changeof address of legal residence.

(e)(d) Such affirmation or application, when completed and presented at the precinct inwhich such elector is entitled to vote, and upon verification of the elector's registration, shallentitle such elector to vote as provided in this subsection. If the elector's eligibility to vote cannotbe determined, he or she shall be entitled to vote a provisional ballot, subject to the requirementsand procedures in s. 101.048. Upon receipt of an affirmation or application certifying a change inaddress of legal residence or name, the supervisor shall as soon as practicable make thenecessary changes in the statewide voter registration system to indicate the change in address of

legal residence or name of such elector.


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Section 39. Subsection (1) of section 101.657, Florida Statutes, is amended to read:101.657 Early voting.(1)(a) As a convenience to the voter, the supervisor of elections shall allow an elector to

vote early in the main or branch office of the supervisor. The supervisor shall mark, code,indicate on, or otherwise track the voter's precinct for each early voted ballot. In order for a

branch office to be used for early voting, it shall be a permanent facility of the supervisor andshall have been designated and used as such for at least 1 year prior to the election. Thesupervisor may also designate any city hall or permanent public library facility as early votingsites; however, if so designated, the sites must be geographically located so as to provide allvoters in the county an equal opportunity to cast a ballot, insofar as is practicable. The results ortabulation of votes cast during early voting may not be made before the close of the polls onelection day. Results shall be reported by precinct.

(b) The supervisor shall designate each early voting site by no later than the 30th dayprior to an election and shall designate an early voting area, as defined in s. 97.021, at each earlyvoting site. The supervisor shall provide to the division no later than the 30th day before anelection the address of each early voting site and the hours that early voting will occur at

each site.(c) All early voting sites in a county shall be open on the same days for the sameamount of time and shall allow any person in line at the closing of an early voting site to vote.

(d) Early voting shall begin on the 10th 15th day before an election that contains stateor federal races and end on the 3rd 2nd day before the an election, and. For purposes of aspecial election held pursuant to s. 100.101, early voting shall begin on the 8th day before

an election and end on the 2nd day before an election. Early voting shall be provided for noless than 6 8 hours and no more than 12 hours per day weekday and 8 hours in theaggregate each weekend at each site during the applicable period periods. The supervisor ofelections may provide early voting for elections that are not held in conjunction with a state

or federal election. However, the supervisor has the discretion to determine the hours of

operation of early voting sites in those elections. Early voting sites shall open no sooner

than 7 a.m. and close no later than 7 p.m. on each applicable day.

(e) Notwithstanding the requirements of s. 100.3605, municipalities may provide earlyvoting in municipal elections that are not held in conjunction with county or state elections. If amunicipality provides early voting, it may designate as many sites as necessary and shall conductits activities in accordance with the provisions of paragraphs (a)-(c). The supervisor is notrequired to conduct early voting if it is provided pursuant to this subsection.

(f) Notwithstanding the requirements of s. 189.405, special districts may provide earlyvoting in any district election not held in conjunction with county or state elections. If a specialdistrict provides early voting, it may designate as many sites as necessary and shall conduct itsactivities in accordance with the provisions of paragraphs (a)-(c). The supervisor is not requiredto conduct early voting if it is provided pursuant to this subsection.


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TITLEIXELECTORSANDELECTIONS

CHAPTER97QUALIFICATIONANDREGISTRATIONOFELECTORSPARTI GENERALPROVISIONS (ss.97.011-97.028)

PARTII FLORIDAVOTERREGISTRATIONACT (ss.97.032-97.105)PARTI (5) Provide technical assistance to the supervisors

ofelectionsonvotingsystems.GENERALPROVISIONS (6) Providevotereducationassistancetothepublic

(7) Coordinatethestatesresponsibilitiesunderthe97.011 Shorttitle. NationalVoterRegistrationActof1993.97.0115 Preemption. (8) Providetrainingtoallaffectedstateagencieson97.012 SecretaryofStateaschiefelectionofficer. thenecessaryproceduresforproperimplementationo97.021 Definitions. thischapter.97.023 Proceduresoncomplaintsofviolations. (9) Ensure that all registration applications and97.025 ElectionCode;copiesthereof. forms prescribed or approved by the department are97.026 Formstobeavailable inalternativeformats incompliancewiththeVotingRightsActof1965andthe

andviatheInternet. NationalVoterRegistrationActof1993.97.028 Procedures on complaints of violations of (10)CoordinatewiththeUnitedStatesDepartmento

Title III of the Help America Vote Act ofDefense so that armed forces recruitment offices

2002.administer voter registration in a manner consistenwith the procedures set forth in this code for vote

97.011 Short title.Chapters 97-106 inclusiveregistrationagencies.shall be known and may be cited as The Florida

(11)Create and administer a statewide voter regisElectionCode.History.s.1,ch.26870,1951;s.1,ch.65-60;s.1,ch.77-175. trationsystemasrequiredbytheHelpAmericaVoteAc

of2002.Thesecretarymaydelegatevoterregistration97.0115 Preemption.All matters set forth in duties and records maintenance activities to vote

chapters 97-105 are preempted to the state, except registration officials. Any responsibilities delegated byasotherwisespecificallyauthorizedbystateorfederal the secretary shall be performed in accordance withlaw. The conduct of municipal elections shall be stateandfederal law.governedbys.100.3605. (12)Maintain a voter fraud hotline and provide

History.s.1,ch.2010-167. electionfraudeducationtothepublic.(13)Designateanofficewithinthedepartmenttobe

97.012 SecretaryofStateaschiefelectionoffi responsible for providing information regarding votecer.TheSecretaryofStateisthechiefelectionofficer registrationproceduresandabsenteeballotproceduresofthestate,and it ishisorherresponsibilityto: to absent uniformed services voters and overseas

(1) Obtainandmaintainuniformityintheinterpretavoters.

tionandimplementationoftheelectionlaws.Inorderto(14)Bring and maintain such actions at law or in

obtainandmaintainuniformityintheinterpretationandequity by mandamus or injunction to enforce the

implementationof

the

election

laws,

the

Department

of

performance of any duties of a county supervisor oState may, pursuant to ss. 120.536(1) and 120.54,electionsoranyofficialperformingdutieswithrespecttoadopt by rule uniform standards for the proper andchapters 97-102 and chapter 105 or to enforce comequitable interpretation and implementation of thepliancewitharuleoftheDepartmentofStateadoptedtorequirements of chapters 97-102 and chapter 105 ofinterpretor implementanyofthosechapters.theElectionCode.

(a) Venue for such actions shall be in the Circui(2) Provide uniform standards for the proper andCourtofLeonCounty.equitable implementation of the registration laws by

administrativeruleoftheDepartmentofStateadopted (b) When the secretary files an action under thispursuanttoss.120.536(1)and120.54. section and not more than 60 days remain before an

(3) Actively seek out and collect the data and election as defined in s. 97.021, or during the timestatistics necessary to knowledgeably scrutinize the period after theelectionandbeforecertificationof theeffectivenessofelection laws. electionpursuanttos.102.112ors.102.121,thecourt

(4) Provide technical assistance to thesupervisors including an appellate court, shall set an immediateofelectionsonvotereducationandelectionpersonnel hearing, giving the case priority over other pendingtrainingservices. cases.

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Ch.97 QUALIFICATIONANDREGISTRATIONOFELECTORS F.S.2011(c) Priortofilinganactiontoenforceperformanceof

the dutiesof thesupervisorofelections or anyofficialdescribedinthissubsection,thesecretaryorhisorherdesignee firstmustconfer,ormustmakeagood faithattempttoconfer,withthesupervisorofelectionsortheofficialtoensurecompliancewithchapters97-102andchapter 105 or the rules of the Department of Stateadoptedunderanyofthosechapters.

(15)Conductpreliminaryinvestigations intoany irregularities or fraud involving voter registration, voting,candidatepetition,orissuepetitionactivitiesandreporthis or her findings to the statewide prosecutor or thestateattorneyforthejudicialcircuitinwhichtheallegedviolation occurred for prosecution, if warranted. TheDepartment of State may prescribe by rule requirements for filing an elections-fraud complaint and forinvestigatinganysuchcomplaint.

(16)Provide written direction and opinions to thesupervisors of elections on the performance of theirofficialdutieswithrespecttotheFloridaElectionCodeorrulesadoptedbytheDepartmentofState.

History.s.1,ch.75-98;s.21,ch.84-302;s.2,ch.89-348;s.1,ch.90-315;s.2, ch. 94-224; s. 1381, ch. 95-147; s. 34, ch. 97-13; s. 1, ch. 98-129; s. 1, ch.2003-415;s.1,ch.2005-277;s.1,ch.2005-278;s.1,ch.2008-95;s.1,ch.2011-40.97.021 Definitions.For the purposes of this

code,exceptwherethecontextclearlyindicatesotherwise,theterm:

(1) Absent elector means any registered andqualifiedvoterwhocastsanabsenteeballot.

(2) Absentuniformedservicesvotermeans:(a) Amemberofauniformedserviceonactiveduty

who,byreasonofsuchactiveduty, isabsentfromtheplace of residence where the member is otherwisequalifiedtovote;

(b) A member of the merchant marine who, byreason of service in the merchant marine, is absentfrom the place of residence where the member isotherwisequalifiedtovote;or

(c) Aspouseordependentofamemberreferredtoinparagraph (a) or paragraph (b) who, by reason of theactivedutyorserviceofthemember,isabsentfromtheplace of residence where the spouse or dependent isotherwisequalifiedtovote.

(3) Alternative formats has the meaning ascribedin theAmericanswithDisabilitiesActof1990,Pub.L.No. 101-336, 42 U.S.C. ss. 12101 et seq., includingspecifically the technical assistance manuals promulgated

thereunder,

as

amended.

(4) Ballotorofficialballotwhenusedinreference

to:(a) Marksenseballotsmeansthatprintedsheetof

paper, used in conjunction with an electronic orelectromechanical vote tabulation voting system, containing the names of candidates, or a statement ofproposedconstitutionalamendmentsorotherquestionsor propositions submitted to the electorate at anyelection, on which sheet of paper an elector casts hisorhervote.

(b) Electronicorelectromechanicaldevicesmeansa ballot that is voted by the process of electronicallydesignating,includingbytouchscreen,ormarkingwithamarking device for tabulation by automatic tabulatingequipmentordataprocessingequipment.

(5) Candidatemeansanypersontowhomanyoneormoreofthefollowingapplies:

(a) Anypersonwhoseekstoqualifyfornominationorelectionbymeansofthepetitioningprocess.

(b) Anypersonwhoseekstoqualifyforelectionasawrite-incandidate.

(c) Anypersonwhoreceivescontributionsormakesexpenditures,

or

gives

his

or

her

consent

for

any

other

person to receivecontributionsor make expenditures,with a view tobringing abouthis orher nomination orelectionto,orretention in,publicoffice.

(d) Anypersonwhoappointsatreasureranddesignatesaprimarydepository.

(e) Any person who files qualification papers andsubscribestoacandidatesoathasrequiredby law.However,thisdefinitiondoesnotincludeanycandidateforapoliticalpartyexecutivecommittee.

(6) DepartmentmeanstheDepartmentofState.(7) DivisionmeanstheDivisionofElectionsofthe

DepartmentofState.(8) Early voting means casting a ballot prior toelectiondayatalocationdesignatedbythesupervisor

of elections and depositing the voted ballot in thetabulationsystem.

(9) Early voting area means the area designatedbythesupervisorofelectionsatanearlyvotingsiteatwhich early voting activities occur, including, but notlimited to, lines of voters waiting to beprocessed, theareawherevoterscheckinandareprocessed,andtheareawherevoterscasttheirballots.

(10)Earlyvotingsitemeansthose locationsspecifiedins.101.657andthebuildinginwhichearlyvotingoccurs.

(11)Election means any primary election, specialprimary election, special election, general election, orpresidentialpreferenceprimaryelection.

(12)Electionboardmeanstheclerkandinspectorsappointedtoconductanelection.

(13)Electioncostsshall include,butnotbe limitedto, expenditures for all paper supplies such as envelopes, instructions to voters, affidavits, reports, ballotcards, ballot booklets for absentee voters, postage,notices to voters; advertisements for registration bookclosings, testing of voting equipment, sample ballots,and polling places; forms used to qualify candidates;polling site rental and equipment delivery and pickup;data processing time and supplies; election recordsretention; and labor costs, including those costs uniquelyassociatedwithabsenteeballotpreparation,pollworkers,andelectionnightcanvass.

(14)Electorissynonymouswiththewordvoterorqualified elector or voter, except where the word isusedtodescribepresidentialelectors.

(15)GeneralelectionmeansanelectionheldonthefirstTuesdayafterthefirstMondayinNovemberintheeven-numberedyears,forthepurposeoffillingnational,state, county, and district offices and for voting onconstitutional amendments not otherwise provided forby law.

(16)Listsofregisteredelectorsmeansnamesandassociated information of registered electors maintained by the department in the statewide voter

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F.S.2011 QUALIFICATIONANDREGISTRATIONOFELECTORS Ch.97registration system or generated or derived from the (27)Polling room means the actual room in whichstatewide voter registration system. Lists may be ballotsarecastonelectiondayandduringearlyvotingproduced inprintedorelectronicformat. (28)Primary election means an election held pre

(17)Member of the Merchant Marine means an cedingthegeneralelectionforthepurposeofnominatindividual,otherthanamemberofauniformedservice ing a party nominee to be voted for in the generaor an individual employed, enrolled, or maintained on electiontofillanational,state,county,ordistrictofficetheGreatLakesforthe inlandwaterways,who is: (29)Provisional ballot means a conditional ballot

(a)

Employed

as

an

officer

or

crew

member

of

a the validity of which is determined by the canvassing

vesseldocumentedunderthelawsoftheUnitedStates, board.a vessel owned by the United States, or a vessel of (30)Public assistance means assistance providedforeign-flag registry under charter to or control of the throughthefoodassistanceprogramunderthefederaUnitedStates;or Supplemental Nutrition AssistanceProgram; the Med

(b) EnrolledwiththeUnitedStatesforemploymentor icaidprogram;theSpecialSupplementalFoodProgramtraining for employment, or maintained by the United for Women, Infants, and Children;and theTemporaryStatesforemergencyreliefservice,asanofficerorcrew CashAssistanceProgram.memberofsuchvessel. (31)Publicofficemeansanyfederal,state,county

(18)Minorpoliticalpartyisanygroupasspecifiedin municipal, school, or other district office or positions. 103.095 which on January 1 preceding a primary which isfilledbyvoteoftheelectors.electiondoesnothaveregisteredasmembers5percent (32)Qualifying educational institution means anyofthetotalregisteredelectorsofthestate. public or private educational institution receiving state

(19)Newspaper of general circulation means a financialassistancewhichhas,as itsprimarymissionnewspaper printed in the language most commonly the provision of education or training to students whospokenintheareawithinwhichitcirculatesandwhichis are at least 18 years of age, provided such institutionreadily available for purchase by all inhabitants in the hasmorethan200studentsenrolledinclasseswiththearea of circulation, but does not include a newspaper institution and provided that the recognized studenintended primarily for members of a particular profes- government organization has requested this designasionaloroccupationalgroup,anewspapertheprimary tioninwritingandhasfiledtherequestwiththeofficeofunction of which is to carry legal notices, or a news- the supervisor of elections in the county in which thepaperthatisgivenawayprimarilytodistributeadvertis- institution is located.ing. (33)Specialelection isaspecialelectioncalledfo

(20)Nominal value means having a retail value of the purpose of voting on a party nominee to fill a$10or less. vacancyinthenational,state,county,ordistrictoffice

(21)Nonpartisanofficemeansanofficeforwhicha (34)Specialprimaryelectionisaspecialnominationcandidate isprohibited fromcampaigningorqualifying election designated by the Governor, called for thefor election or retention in office based on party purposeofnominatingapartynomineetobevotedoninaffiliation. ageneralorspecialelection.

(22)Office that serves persons with disabilities (35)Supervisormeansthesupervisorofelectionsmeans any state office that takes applications either (36)Tactile input device means a device thain person or over the telephone from persons with provides information to a voting system by means odisabilitiesforanyprogram,service,orbenefitprimarily a voter touching the device, such as a keyboard, andrelatedtotheirdisabilities. t hat c ompl i es wi t h the r equi r ement s of s

(23)Overseasvotermeans: 101.56062(1)(k)and(l).(a) An absent uniformed services voter who, by (37)Third-party registration organization means

reason of active duty or service, is absent from the anyperson,entity,ororganizationsolicitingorcollectingUnitedStatesonthedateoftheelection involved; voterregistrationapplications.Athird-partyvoterregis

(b) ApersonwhoresidesoutsidetheUnitedStates trationorganizationdoesnot include:and is qualified to vote in the last place in which the (a) A person who seeks only to register to vote opersonwasdomiciledbeforeleavingtheUnitedStates; collectvoterregistrationapplicationsfromthatpersonsor spouse,child,orparent;or

(c) ApersonwhoresidesoutsidetheUnitedStates (b) A person engaged in registering to vote oand,butforsuchresidence,wouldbequalifiedtovotein collectingvoterregistrationapplicationsasanemployeethelastplaceinwhichthepersonwasdomiciledbefore or agent of the division, supervisor of electionsleavingtheUnitedStates. DepartmentofHighwaySafetyandMotorVehicles,o

(24)Overvote means that the elector marks or avoterregistrationagency.designates more names than there are persons to be (38)Undervote means that the elector does noelectedtoanofficeordesignatesmorethanoneanswer properly designate any choice for an office or ballotoaballotquestion,andthetabulatorrecordsnovotefor question,andthetabulatorrecordsnovotefortheofficetheofficeorquestion. orquestion.

(25)Personswithdisabilitiesmeansindividualswho (39)UniformedservicesmeanstheArmy,Navy,Aihaveaphysicalormentalimpairmentthatsubstantially Force, Marine Corps, and Coast Guard, the commislimitsoneormoremajor lifeactivities. sioned corps of the Public Health Service, and the

(26)Pollingplaceisthebuildingwhichcontainsthe commissioned corps of the National Oceanic andpollingroomwhereballotsarecast. AtmosphericAdministration.

3


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Ch.97 QUALIFICATIONANDREGISTRATIONOFELECTORS F.S.2011(40)Voter interface device means any device that

communicatesvotinginstructionsandballotinformationto a voter and allows the voter to select and vote forcandidatesand issues.

(41)Voterregistrationagencymeansanyofficethatprovides public assistance, any office that servespersons with disabilities, any center for independentliving,

or

any

public

library.

(42)Voterregistrationofficialmeansanysupervisor

ofelectionsorindividualauthorizedbytheSecretaryofState to accept voter registration applications andexecute updates to the statewide voter registrationsystem.

(43)Voting booth or booth means that booth orenclosurewhereinanelectorcastshisorherballotfortabulationbyanelectronicorelectromechanicaldevice.

(44)Votingsystemmeansamethodofcastingandprocessingvotesthatfunctionswhollyorpartlybyuseofelectromechanicalorelectronicapparatusorbyuseofmarksenseballotsandincludes,butisnotlimitedto,theprocedures for casting and processing votes and theprograms, operating manuals, supplies,printouts, andothersoftwarenecessaryforthesystemsoperation.

History.s.2,ch.6469,1913;RGS300;s.1,ch.8582,1921;CGL356;s.1,ch.13761,1929;s.1,ch.18060,1937;s.1,ch.19663,1939;s.1,ch.26870,1951;s.1,ch.28156,1953;s.1,ch.61-370;s.2,ch.65-60;s.1,ch.67-32;s.2,ch.67-142;s.2,ch.67-386;s.1,ch.69-137;s.1,ch.69-280;s.1,ch.69-377;s.1,ch.70-269;s.1,ch.70-439;s.1,ch.71-206;s.1,ch.73-157;s.31,ch.73-333;s.23,ch.77-104;s. 1, ch. 77-175; s. 1, ch. 79-157; s. 24, ch. 79-400; s. 1, ch. 81-105; s. 15, ch.82-143;s.22,ch.84-302;s.1,ch.87-184;ss.5,12,ch.87-363;s.1,ch.89-338;s.3,ch.89-348;s.2,ch.90-315;s.3,ch.94-224;s.1382,ch.95-147;s.1,ch.96-57;s.54,ch.96-175;s.1,ch.96-327;s.35,ch.97-13;s.3,ch.98-129;ss.2,34,ch.2001-40; s. 4, ch. 2002-281; s. 2, ch. 2003-415; s. 9, ch. 2004-252; s. 2, ch.2005-277; s. 2, ch. 2005-278; s. 2, ch. 2005-286; s. 1, ch. 2007-30; s. 2, ch.2010-167;s.1,ch.2010-209;s.2,ch.2011-40.

Note.Formers.102.02.97.023 Proceduresoncomplaintsofviolations.(1)(a) Anypersonwhoisaggrievedbyaviolationofeither theNationalVoterRegistrationActof1993ora

voter registration or removal procedure under theFlorida Election Code may file a written complaintwith the department, which shall serve as notice totheSecretaryofState.

(b) Acomplaintmuststatetheallegedviolationandthe person or entity responsible, who must be thedepartment, a voter registration agency, a supervisor,theDepartmentofHighwaySafetyandMotorVehicles,oranArmedForcesRecruitmentCenter.Ifthedepartmentdeterminesthatacomplaintfailstoallegebothaviolation and a person or entity responsible for theviolation, the department shall inform the complainantthat he or she has not given sufficient notice and thestepsthatmustbetakeninordertogivepropernotice.

(c) For the purposes of this section, a violation ofeither theNationalVoterRegistrationActof1993oravoter registration or removal procedure under theFlorida Election Code is the failure to perform an actrequired or the performance of an act prohibited byeither theNationalVoterRegistrationActof1993oravoter registration or removal procedure under theFloridaElectionCode.

(d) The department has primary jurisdiction overcomplaintsfiledundertheprovisionsofthissection.

(2) When a complaint is filed with the department,the parties to the complaint must be given the opportunity to resolve the complaint through an informal

dispute resolution process to be established by thedepartment.Thisprocessmustprovidefor:

(a) A time limitation of 30 days on the process,unless the alleged violation occurred within 120 daysbeforethedateofanelection,inwhichcasetheremustbeatime limitationof20days;

(b) Amediatorprovidedbythedepartment,whomaybe

a

department

employee

unless

the

department

is

allegedtoberesponsiblefortheviolation,inwhichcasethe Governor must appoint a mediator who is not adepartmentemployee;

(c) Noticetoacomplainant;(d) Notice to a respondent of the allegations filed

againsthimorher inthecomplaint;(e) An opportunity for the parties to submit written

statements,presentoralargumenteitherinpersonorbytelephone,andpresentevidence;and

(f) A written statement by the mediator to thedepartment stating the outcome of the dispute resolutionprocess.

(3) If an alleged violation occurred within 30 daysbefore the date of a state or federal election and theallegedviolationwillaffecttheregistrantsrighttovoteinthatelection,thecomplainantmayimmediatelybringanactioninthecircuitcourtinthecountywheretheallegedviolation occurred. Otherwise, the following are conditionsprecedentforacomplainanttobringanactionfordeclaratoryor injunctiverelief inthecircuitcourt inthecountywheretheallegedviolationoccurred:

(a) The complainant gave proper written notice oftheallegedviolationtotheSecretaryofState;

(b) The complainant participated in the informaldisputeresolutionprocess;and

(c) An agreement is not reached or an allegedviolation is not corrected within 90 days after receiptofnoticeor20daysafterreceiptofnoticeiftheallegedviolationoccurredwithin120daysbeforethedateofanelection.

History.s.4,ch.94-224;s.1383,ch.95-147.97.025 Election Code; copies thereof.A

pamphletofareprintoftheElectionCode,adequatelyindexed,shallbepreparedbytheDepartmentofState.The pamphlet shall be made available to each candidatewhoqualifieswith thedepartment.Thepamphletshallbemadeavailabletoeachsupervisor,priortothefirst day of qualifying, so that each candidate whoqualifies

with

the

supervisor

and

each

clerk

of

elections

have access to the pamphlet. The cost of making thepamphlets available shall be paid out of funds appropriatedforconductingelections.

History.s.38,ch.3879,1889;RS192;s.69,ch.4328,1895;GS253;RGS297;CGL353;s.2,ch.26870,1951;s.17,ch.65-134;ss.10,35,ch.69-106;s.5,ch.77-175;s.2,ch.79-365;s.5,ch.94-224;s.3,ch.2011-40.

Note.Formers.99.54;s.98.251.97.026 Forms tobeavailable inalternative for

mats and via the Internet.It is the intent of theLegislaturethatallformsrequiredtobeusedinchapters97-106 shall be made available upon request, inalternativeformats.Suchformsshall includeabsenteeballots as alternative formats for such ballots becomeavailableandtheDivisionofElectionsisabletocertifysystems that provide them. The department may,


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F.S.2011 QUALIFICATIONANDREGISTRATIONOFELECTORS Ch.97pursuant to ss. 120.536(1)and 120.54, adopt rules toadministerthissection.Wheneverpossible,suchforms,with the exception of absentee ballots, shall be madeavailable by the Department of State via the Internet.Sections that contain such forms include, but are notlimitedto,ss.97.051,97.052,97.053,97.057,97.058,97.0583, 97.071, 97.073, 97.1031, 98.075, 99.021,100.361,

100.371,

101.045,

101.171,

101.20,

101.6103, 101.62, 101.64, 101.65, 101.657, 105.031,106.023,and106.087.

History.s.5,ch.2002-281;s.3,ch.2005-278.97.028 Proceduresoncomplaintsofviolations

ofTitleIIIoftheHelpAmericaVoteActof2002.(1)(a) Any person who believes that a violation of

Title III of the Help America Vote Act of 2002 hasoccurred, is occurring, or is about to occur may file acomplaintwiththedepartment.

(b) The complaint must be in writing and must besignedandsworntobeforeanotarybythepersonfilingthe complaint. Further, the complaint must state theallegedviolationandthepersonorentityresponsibleforthe violation. The department shall prescribe the formforcomplaintsfiledunderthissection.Ifthedepartmentdetermines that the complaint fails to allege both aviolation and a person or entity responsible for theviolation,orthatthecomplaintisnotproperlyexecuted,the department shall inform the complainant in writingthatthecomplaint is legally insufficient.

(c) Forpurposesofthissection,aviolationofTitleIIIof the Help America Vote Act of 2002 is the failure toperform an act required or the performance of an actprohibited by Title III of the Help America Vote Act of2002byacoveredpersonorentity.

(d) Thedepartmentshallhavesolejurisdictionovercomplaintsfiledundertheprovisionsofthissection.(e) Thissectionprovidesthesoleavenueofredress

forallegedviolationsofTitleIIIoftheHelpAmericaVoteActof2002anddoesnotgiverisetoanyothercauseofaction.

(f) Thedepartmentmayconsolidatecomplaintsfiledunderthissection.

(g) All proceedings under this section are exemptfromchapter120.

(2)(a) Whenalegallysufficientcomplaintisfiledwiththe department, the agency head shall designate ahearingofficerwhoshall:

1. Providethesubjectofthecomplaintwithacopyof the complaint. The subject of the complaint shall,within10daysafterreceiptofthecomplaint,filewiththedepartmentawritten,swornresponsetothecomplaint.

2. Uponreceiptoftheresponse,thehearingofficershallreviewbothsworn filings todeterminewhetheraviolationofTitleIIIoftheHelpAmericaVoteActof2002has occurred, is occurring, or is about to occur. Thecomplaintandtheresponseshallconstitutetheofficialhearingrecordtobeconsideredbythehearingofficer.Thehearingofficershallprovidethecomplainantwithacopyoftheresponse.

3. At the hearing officers discretion, the complainantandtherespondentmaybeorderedbythehearingofficer to provide additional sworn oral or writtenstatements or additional documents to assist the

hearing officer in making his or her determinationFurther,otherrelevantwitnessesmayalsobeorderedby the hearing officer to give sworn testimony or toproviderelevantdocumentstoassistthehearingofficeinmakinghisorherdetermination.Anysuchstatementsordocumentsreceivedbythehearingofficershallalsobecomepartoftheofficialhearingrecord.Forpurposesof

this

section,

the

hearing

officer

is

authorized

toadministeroathsandto issuesubpoenas.

4. The hearing officer shall advise both the complainant and respondent in writing of their determination. If the hearing officer determines that no violationhas occurred, is occurring, or is about to occur, thedepartmentshalldismissthecomplaintandpublish itsdetermination. If the hearing officer determines that aviolation of Title III of the Help America Vote Act hasoccurred, is occurring, or is about to occur, thedepartment shall issue and deliver an order directingthe appropriate remedy to persons responsible foeffectingsuchremedy.The issuanceofanorderdoesnot

constitute

agency

action

for

which

a

hearing

under

s120.569ors.120.57maybesought.Forpurposeso

enforcing the order, the department may initiate aproceeding in thenameof thestateseeking issuanceofaninjunction,awritofmandamus,orotherequitableremedyagainstanypersonwhoviolatesanyprovisionofsuchorder.

5. Thedepartmentshallmakeafinaldeterminationwith respect to the complaint within 90 days after thedate that the complaint was filed, unless the complainant consents to a longer period for making such adetermination.

(b) If the department fails to meet the deadlineestablished in subparagraph (a)5., the complaint shabeforwardedtomediation.Mediationshalloccurwithin60 days after the departments failure to make adeterminationwithin the timeframeestablished insubparagraph (a)5.The recordcreatedunder thissectionshallbemadeavailableforuse inthemediation.

History.s.5,ch.2003-415.PARTII

FLORIDAVOTERREGISTRATIONACT97.032 Shorttitle.97.041 Qualificationstoregisterorvote.97.051 Oathuponregistering.97.052 Uniform statewide voter registration appli

cation.97.053 Acceptance of voter registration applica

tions.97.0535 Specialrequirementsforcertainapplicants97.055 Registration books; when closed for an

election.97.0555 Lateregistration.97.057 Voter registration by the Department o

HighwaySafetyandMotorVehicles.97.0575 Third-partyvoterregistrations.97.058 Voterregistrationagencies.97.0583 Voterregistrationatqualifyingeducationa

institutions.


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Ch.97 QUALIFICATIONANDREGISTRATIONOFELECTORS F.S.201197.05831 Voterregistrationapplicationsmadeavail- (1) Thedepartmentshallprescribebyruleauniform

able to the Fish and Wildlife Conserva- statewide voter registration application for use in thistionCommission. state.

97.0585 Public records exemption; information re- (a) Theuniformstatewidevoterregistrationapplicagarding voters and voter registration; tion must be accepted for any one or more of theconfidentiality. followingpurposes:

97.061 Special registration for electors requiring 1. Initialregistration.assistance.

2. Changeofaddress.97.071 Voter informationcard. 3. Changeofpartyaffiliation.97.073 Disposition of voter registration applica- 4. Changeofname.

tions;cancellationnotice. 5. Replacementofavoter informationcard.97.1031 Notice of change of residence, change of 6. Signatureupdate.

name,orchangeofpartyaffiliation. (b) The department is responsible for printing the97.105 Permanent single registration system uniformstatewidevoterregistrationapplicationandthees

tablished. voter registration application form prescribed by theElection Assistance Commission pursuant to federallaw. The applications and forms must be distributed,

FloridaVoterRegistrationAct.97.032 Shorttitle.Thispartmaybecitedasthe uponrequest,tothefollowing:History.s.7,ch.94-224. 1. Individualsseekingtoregistertovoteorupdatea

voterregistrationrecord.97.041 Qualificationstoregisterorvote. 2. Individuals or groups conducting voter registra(1)(a) Apersonmaybecomearegisteredvoteronly tionprograms.Achargeof1centperapplicationshall

ifthatperson: be assessed on requests for 10,000 or more applica1. Isat least18yearsofage; tions.2. IsacitizenoftheUnitedStates; 3. The Department of Highway Safety and Motor3. Isa legalresidentoftheStateofFlorida; Vehicles.4. Is a legal resident of the county in which that 4. Voterregistrationagencies.

personseekstoberegistered;and 5. Armedforcesrecruitmentoffices.5. RegisterspursuanttotheFloridaElectionCode. 6. Qualifyingeducational institutions.(b) A person who is otherwise qualified may pre- 7. Supervisors, who must make the applications

registeronorafterthatpersons16thbirthdayandmay andformsavailable inthefollowingmanner:vote inanyelectionoccurringonorafter thatpersons a. Bydistributingtheapplicationsandformsintheir18thbirthday. officestoany individualorgroup.

b. Bydistributingtheapplicationsandformsatother(2) The followingpersons,whomightbe otherwiselocationsdesignatedbyeachsupervisor.qualified,arenotentitledtoregisterorvote: c. By mailing the applications and forms to appli(a) A person who has been adjudicated mentallycantsupontherequestoftheapplicant.incapacitatedwithrespecttovotinginthisoranyother

(c) Theuniformstatewidevoterregistrationapplicastate and who has not had his or her right to votetion may be reproduced by any private individual orrestoredpursuantto law.group, provided the reproduced application is in the(b) Apersonwhohasbeenconvictedofanyfelonysameformatastheapplicationprescribedbyruleunderbyanycourtofrecordandwhohasnothadhisorherthissection.righttovoterestoredpursuantto law.

(2) Theuniformstatewidevoterregistrationapplica(3) Apersonwho isnotregisteredmaynotvote.History.ss.1,chs.3850,3879,1889;RS154;s.1,ch.4328,1895;GS170; tionmustbedesignedtoelicitthefollowinginformation

RGS215;s.1,ch.8583,1921;CGL248;s.1,ch.26870,1951;s.2,ch.28156, fromtheapplicant:1953;s.1,ch.63-408;s.3,ch.65-60;s.1,ch.67-67;ss.1,4,ch.71-108;s.1,ch.72-197;s.2,ch.73-157;s.31,ch.73-333;s.1,ch.74-5;s.1,ch.77-175;s.2,ch. (a) Last,first,andmiddlename,includinganysuffix.

(b) Dateofbirth.89-338;s.8,ch.94-224;s.12,ch.2007-30;s.2,ch.2008-95.Note.Formers.98.01.

(c) Addressof legalresidence.(d) Mailingaddress, ifdifferent.97.051 Oath upon registering.A person regis(e) Countyof legalresidence.

teringtovotemustsubscribetothefollowingoath:Ido(f) Race or ethnicity that best describes the appli

solemnlyswear(oraffirm)thatIwillprotectanddefendcant:

theConstitutionoftheUnitedStatesandtheConstitu1. AmericanIndianorAlaskanNative.

tionoftheStateofFlorida,thatIamqualifiedtoregister2. AsianorPacificIslander.

as an elector under the Constitution and laws of the3. Black,notHispanic.

StateofFlorida,andthatallinformationprovidedinthis4. White,notHispanic.

application istrue.5. Hispanic.

History.s.7,ch.3879,1889;RS161;s.8,ch.4328,1895;GS178;RGS222;CGL257;s.4,ch.25383,1949;s.1,ch.26870,1951;s.3,ch.69-280;ss.2,4,ch. (g) Stateorcountryofbirth.71-108;s.1,ch.72-63;s.2,ch.77-175;s.1,ch.81-304;s.9,ch.94-224;s.3,ch. (h) Sex.2005-277;s.4,ch.2005-278.

Note.Formers.98.11. (i) Partyaffiliation.(j) Whether the applicant needs assistance in vot

97.052 Uniformstatewidevoterregistrationap- ing.plication. (k) Nameandaddresswhere lastregistered.


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F.S.2011 QUALIFICATIONANDREGISTRATIONOFELECTORS Ch.97(l) Last fourdigitsof the applicantssocialsecurity

number.(m)Floridadrivers licensenumberor the identifica

tion number from a Florida identification card issuedunders.322.051.

(n) Anindication,ifapplicable,thattheapplicanthasnot been issued a Florida drivers license, a Floridaidentification

card,

or

a

social

security

number.

(o) Telephonenumber(optional).(p) Signature of applicant under penalty for false

swearingpursuant tos.104.011,bywhich thepersonsubscribes to the oath required by s. 3, Art. VI of theStateConstitutionands.97.051,andswearsoraffirmsthat the informationcontained in theregistrationapplication istrue.

(q) Whether the application is being used for initialregistration,toupdateavoterregistrationrecord,ortorequestareplacementvoter informationcard.

(r) Whether the applicant is a citizen of the UnitedStatesbyaskingthequestionAreyouacitizenoftheUnited

States

of

America?

and

providing

boxes

for

the

applicanttochecktoindicatewhethertheapplicantisorisnotacitizenoftheUnitedStates.

(s) Whether the applicant has been convicted of afelony,and, ifconvicted,hashadhisorhercivilrightsrestoredbyincludingthestatementIaffirmIamnotaconvicted felon,or, if Iam,myrightsrelatingtovotinghave been restored. and providing a box for theapplicanttochecktoaffirmthestatement.

(t) Whether the applicant has been adjudicatedmentally incapacitated with respect to voting or, if soadjudicated,hashadhisorherrighttovoterestoredbyincluding the statement I affirm I have not beenadjudicated mentally incapacitated with respect tovoting,or,ifIhave,mycompetencyhasbeenrestored.andprovidingaboxfortheapplicanttochecktoaffirmthestatement.The registration application must be in plain languageanddesignedsothatconvictedfelonswhosecivilrightshave been restored and persons who have beenadjudicatedmentally incapacitatedandhavehad theirvoting rights restored are not required to reveal theirpriorconvictionoradjudication.

(3) Theuniformstatewidevoterregistrationapplicationmustalsocontain:

(a) The oath required by s. 3, Art. VI of the StateConstitutionands.97.051.

(b) A statement specifying each eligibility requirementunders.97.041.

(c) The penalties provided in s. 104.011 for falseswearing inconnectionwithvoterregistration.

(d) A statement that, if an applicant declines toregistertovote,thefactthattheapplicanthasdeclinedtoregisterwillremainconfidentialandmaybeusedonlyforvoterregistrationpurposes.

(e) A statement that informs the applicant whochoosestoregistertovoteorupdateavoterregistrationrecord that theofficeatwhich theapplicantsubmitsavoter registration application or updates a voter registrationrecordwillremainconfidentialandmaybeusedonlyforvoterregistrationpurposes.

(f) Astatement informinganapplicantwhohasnobeen issued a Florida drivers license, a Floridaidentification card, or a social security number that itheapplicationissubmittedbymailandtheapplicantisregisteringforthefirsttimeinthisstate,theapplicantwilbe required to provide identification prior to voting thefirsttime.

(4) A supervisor may produce a voter registrationapplication that has the supervisors direct mailingaddressifthedepartmenthasreviewedtheapplicationanddeterminedthat it issubstantiallythesameastheuniformstatewidevoterregistrationapplication.

(5) The voter registration application form prescribed by the Election Assistance Commission pursuanttofederal laworthefederalpostcardapplicationmust be accepted as an application for registration inthis state if the completed application or postcardapplication contains the information required by theconstitutionand lawsofthisstate.

(6) If a voter registration applicant fails to provideanyoftherequiredinformationonthevoterregistrationapplicationform,thesupervisorshallnotifytheapplicanof the failure by mail within 5 business days after thesupervisor has the information available in the voteregistrationsystem.Theapplicantshallhaveanopportunitytocompletetheapplicationformtovoteinthenexelectionupuntilthebookclosingforthatnextelection

History.s.5,ch.25391,1949;s.2,ch.26870,1951;s.1,ch.59-231;s.8,ch65-134;s.1,ch.67-170;s.8,ch.69-377;ss.10,35,ch.69-106;s.2,ch.72-63;s.5ch.77-175;s.23,ch.84-302;s.6,ch.89-338;s.10,ch.94-224;s.2,ch.96-327;s26,ch.97-13;s.4,ch.98-129;ss.1,7,ch.2002-189;s.3,ch.2003-415;s.4,ch2005-277;s.5,ch.2005-278.

Note.Formers.97.05;s.98.111.97.053 Acceptanceofvoterregistrationapplica

tions.(1) Voterregistrationapplications,changesinregistration, and requests for a replacement voter informa

tioncardmustbeaccepted in theofficeofanysupervisor, the division, a driver license office, a voteregistration agency, or an armed forces recruitmenoffice when hand delivered by the applicant or a thirdparty during the hours that office is open or whenmailed.

(2) A voter registration application is complete andbecomes the official voter registration record of thaapplicant when all information necessary to establishthe applicants eligibility pursuant to s. 97.041 isreceived by a voter registration official and verifiedpursuant

to

subsection

(6).

If

the

applicant

fails

tocompletehisorhervoterregistrationapplicationpriorto

the date of book closing for an election, then suchapplicantshallnotbeeligibletovote inthatelection.

(3) The registration date for a valid initial voteregistration application that has been hand deliveredis the date that the application is received by a drivelicense office, a voter registration agency, an armedforces recruitment office, the division, or the office oanysupervisor inthestate.

(4) The registration date for a valid initial voteregistrationapplicationthathasbeenmailedtoadrivelicense office, a voter registration agency, an armedforces recruitment office, the division, or the office oanysupervisorinthestateandbearsaclearpostmarkisthedateofthatpostmark.Ifan initialvoterregistration


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Ch.97 QUALIFICATIONANDREGISTRATIONOFELECTORS F.S.2011application that has been mailed does not bear a thesupervisorsufficienttoverifytheauthenticityofthepostmarkor ifthepostmark isunclear,theregistration applicantsdriverslicensenumber,Floridaidentificationdate is the date the application is received by any card number, or last four digits of the social securitysupervisororthedivision,unless itisreceivedwithin5 number. If the applicant provides the necessary evidays after the closing of the books for an election, dence,thesupervisorshallplacetheapplicantsnameexcluding Saturdays, Sundays, and legal holidays, in on the registration rolls as an active voter. If thewhich case the registration date is the book-closing applicant has not provided the necessary evidence ordate.

thenumberhasnototherwisebeenverifiedpriortothe(5)(a) Avoterregistrationapplicationiscompleteifit applicant presenting himself or herself to vote, the

contains the following informationnecessary toestab- applicant shall be provided a provisional ballot. Thelish the applicants eligibility pursuant to s. 97.041, provisionalballotshallbecountedonlyifthenumberisincluding: verified by the end of the canvassing period or if the

1. Theapplicantsname. applicant presents evidence to the supervisor of elec2. Theapplicants legalresidenceaddress. tionssufficienttoverifytheauthenticityoftheapplicants3. Theapplicantsdateofbirth. drivers license number, Florida identification card4. A mark in the checkbox affirming that the number,orlastfourdigitsofthesocialsecuritynumber

applicant isacitizenoftheUnitedStates. no later than 5 p.m. of the second day following theelection.

verslicensenumberortheidentificationnumberfroma5.a. The applicants current and valid Florida dri (7) All voter registration applications received by aFlorida identificationcard issuedunders.322.051,or voter registration official shall be entered into the

statewide voter registration system within 13 daysafter receipt. Once entered, the application shall be

b. Iftheapplicanthasnotbeenissuedacurrentandvalid Florida drivers license or a Florida identification immediatelyforwardedtotheappropriatesupervisorofcard,thelastfourdigitsoftheapplicantssocialsecurity

elections.number.History.s.11,ch.94-224;s.27,ch.97-13;s.5,ch.98-129;s.4,ch.2003-415;

s.5,ch.2005-277;s.6,ch.2005-278;s.13,ch.2007-30;s.3,ch.2008-95.IncaseanapplicanthasnotbeenissuedacurrentandvalidFloridadriverslicense,Floridaidentificationcard, 97.0535 Special requirements forcertainappliorsocialsecuritynumber,theapplicantshallaffirmthis cants.fact in themannerprescribed in theuniformstatewide (1) Each applicant who registers by mail and whovoterregistrationapplication. has never previously voted in the state and who the

6. A mark in the checkbox affirming that the departmenthasverifiedhasnotbeen issuedacurrentapplicanthasnotbeenconvictedofa felonyor that, if and valid Florida drivers license, Florida identificationconvicted,hashadhisorhercivilrightsrestored. card, or social security number shall be required to

7. A mark in the checkbox affirming that the providea copyofacurrentand valid identification,asapplicant has not been adjudicated mentally incapaci providedinsubsection(3),orindicatethatheorsheistatedwithrespecttovotingorthat,ifsoadjudicated,has exempt from the requirements prior to voting. Suchhadhisorherrighttovoterestored. identificationorindicationmaybeprovidedatthetimeof

8. The original signature or a digital signature registering,oratanytimepriortovotingforthefirsttimetransmittedby theDepartmentofHighwaySafetyand in thestate. If thevoter registrationapplicationclearlyMotor Vehicles of the applicant swearing or affirming provides information from which a voter registrationunder the penalty for false swearing pursuant to s. officialcandeterminethat theapplicantmeetsat least104.011 that the informationcontained in the registra- one of the exemptions in subsection (4), the votertion application is true and subscribing to the oath registration official shall make the notation on therequiredbys.3,Art.VIoftheStateConstitutionands. registration records of the statewide voter registration97.051. system and the applicant shall not be required to

(b) An applicantwho fails to designate party affilia- providethe identificationrequiredbythissection.tion must be registered without party affiliation. The (2) Thevoterregistrationofficialshall,uponaccept-supervisormust notify the voterby mail that the voter

ingthe

voter

registration

application

submitted

pursuant

hasbeenregisteredwithoutpartyaffiliationandthatthe tosubsection(1),determineiftheapplicantprovidedthevoter may change party affiliation as provided in s. required identification at the time of registering. If the97.1031. requiredidentificationwasnotprovided,thesupervisor

(6) Avoterregistrationapplicationmaybeaccepted shallnotifytheapplicantthatheorshemustprovidetheas valid only after the department has verified the identificationpriortovotingthefirsttime inthestate.authenticity or nonexistence of the drivers license (3)(a) The following forms of identification shall benumber, the Florida identification card number, or the considered current and valid if they contain the namelastfourdigitsofthesocialsecuritynumberprovidedby andphotographoftheapplicantandhavenotexpired:theapplicant.Ifacompletedvoterregistrationapplica- 1. UnitedStatespassport.tionhasbeenreceivedbythebook-closingdeadlinebut 2. Debitorcreditcard.the drivers license number, the Florida identification 3. Military identification.cardnumber,orthelastfourdigitsofthesocialsecurity 4. Student identification.numberprovidedbytheapplicantcannotbeverified,the 5. Retirementcenter identification.applicant shall be notified that the number cannot be 6. Neighborhoodassociation identification.verifiedandthattheapplicantmustprovideevidenceto 7. Publicassistance identification.


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F.S.2011 QUALIFICATIONANDREGISTRATIONOFELECTORS Ch.97(b) The following forms of identification shall be

considered current and valid if they contain the nameandcurrentresidenceaddressoftheapplicant:

1. Utilitybill.2. Bankstatement.3. Governmentcheck.4. Paycheck.5.

Other

government

document

(excluding

voter

identificationcard).

(4) The following persons are exempt from theidentificationrequirementsofthissection:

(a) Persons65yearsofageorolder.(b) Personswithatemporaryorpermanentphysical

disability.(c) Membersoftheuniformedserviceonactiveduty

who,byreasonofsuchactiveduty,areabsentfromthecountyonelectionday.

(d) MembersoftheMerchantMarinewho,byreasonofserviceintheMerchantMarine,areabsentfromthecountyonelectionday.

(e) Thespouseordependentofamemberreferredto inparagraph(c)orparagraph(d)who,byreasonoftheactivedutyorserviceofthemember,isabsentfromthecountyonelectionday.

(f) Persons currently residing outside the UnitedStateswhoareeligibletovote inFlorida.

History.s.6,ch.2003-415;s.7,ch.2005-278;s.4,ch.2008-95.97.055 Registrationbooks;whenclosed foran

election.(1)(a) Theregistrationbooksmustbeclosedonthe

29thdaybeforeeachelectionandmustremaincloseduntilafterthatelection.Ifanelectioniscalledandthereare fewer than 29 days before that election, theregistration

books

must

be

closed

immediately.

(b) Except as provided in paragraph (c), when the

registrationbooksareclosedforanelection,updatestoavotersname,address,andsignaturepursuanttoss.98.077and101.045shallbetheonlychangespermittedfor purposes of the upcoming election. New voterregistrationapplicationsmustbeacceptedbutonly forthepurposeofsubsequentelections.

(c) When the registration books are closed for anupcoming election, an update or change to a votersparty affiliation made pursuant to s. 97.1031 shall bepermitted for that upcoming election unless suchelection is for the purpose of nominating a politicalpartynominee,inwhichcasetheupdateorchangeshallbe permitted only for the purpose of subsequentelections.

(2) Incomputingthe29-dayperiodfortheclosingofthe registration books, the day of the election isexcluded and all other days are included. If the 29thdayprecedinganelectionfallsonaSundayora legalholiday, the registration books must be closed on thenextdaythat isnotaSundayora legalholiday.

History.s.2,ch.25391,1949;s.2,ch.26870,1951;s.5,ch.29934,s.1,ch.29761,1955;s.3,ch.65-134;s.2,ch.67-530;s.1,ch.71-124;ss.7,8,ch.72-63;s.4,ch.74-5;s.1,ch.77-174;s.5,ch.77-175;s.7,ch.80-292;s.5,ch.81-304;s.1,ch.83-25;s.27,ch.84-302;s.11,ch.85-80;s.6,ch.89-338;s.12,ch.94-224;s.6,ch.2005-277;s.8,ch.2005-278;s.3,ch.2005-286;s.5,ch.2008-95.

Note.Formers.97.02;s.98.051.

97.0555 Late registration.An individual or accompanying familymemberwhohasbeendischarged

or separated from the uniformed services or theMerchant Marine, or from employment outside theterritorial limits of the United States, after the bookclosing date foran election pursuant to s. 97.055andwho isotherwisequalifiedmayregistertovote insuchelectionuntil5p.m.ontheFridaybeforethatelectionintheofficeof thesupervisorofelections.Suchpersonsmust

produce

sufficient

documentation

showing

evidenceofqualifyingfor lateregistrationpursuanttothis

section. The Department of State shall adopt rulesspecifyingdocumentationthatissufficienttodetermineeligibility.

History.s.47,ch.2001-40;s.1,ch.2002-17.97.057 Voter registrationby theDepartmento

HighwaySafetyandMotorVehicles.(1) The Department of Highway Safety and Moto

Vehiclesshallprovidetheopportunitytoregistertovoteortoupdateavoterregistrationrecordtoeachindividuawhocomestoanofficeofthatdepartmentto:

(a) Applyfororrenewadrivers license;(b) Applyfororrenewanidentificationcardpursuantochapter322;or(c) Change an address on an existing drivers

licenseor identificationcard.(2) The Department of Highway Safety and Moto

Vehiclesshall:(a) Notifyeach individual,orallyor inwriting,that:1. Information gathered for the completion of a

driverslicenseoridentificationcardapplication,renewal, or change of address can be automatically transferredtoavoterregistrationapplication;

2. If additional information and a signature areprovided, the voter registration application will becompletedandsenttotheproperelectionauthority;3. Informationprovidedcanalsobeusedtoupdateavoterregistrationrecord;

4. Alldeclinationswillremainconfidentialandmaybeusedonlyforvoterregistrationpurposes;and

5. The particular driver license office in which theperson applies to register to vote or updates a voteregistrationrecordwillremainconfidentialandmaybeusedonlyforvoterregistrationpurposes.

(b) Require a drivers license examiner to inquireorallyor, iftheapplicant ishearing impaired, inquire inwritingwhethertheapplicantwishestoregistertovoteorupdateavoterregistrationrecordduringthecompletion of a drivers license or identification card application,renewal,orchangeofaddress.

1. If theapplicantchooses to register tovoteor toupdateavoterregistrationrecord:

a. AllapplicableinformationreceivedbytheDepartment of Highway Safety and Motor Vehicles in thecourseoffillingouttheformsnecessaryundersubsection (1) must be transferred to a voter registrationapplication.

b. The additional necessary information must beobtainedbythedriverslicenseexaminerandmustnoduplicateany informationalreadyobtainedwhilecompletingtheformsrequiredundersubsection(1).

c. A voter registration application with all of theapplicants voter registration information required toestablishtheapplicantseligibilitypursuanttos.97.041


24/184

Ch.97 QUALIFICATIONANDREGISTRATIONOFELECTORS F.S.2011mustbepresentedtotheapplicanttoreviewandverifythevoter registration informationreceivedandprovidean electronic signature affirming the accuracy of theinformationprovided.

2. Iftheapplicantdeclinestoregistertovote,updatetheapplicantsvoterregistrationrecord,orchangetheapplicantsaddressbyeitherorallydecliningorbyfailingtosignthevoterregistrationapplication,theDepartmentofHighwaySafetyandMotorVehiclesmustnotesuchdeclinationonitsrecordsandshallforwardthedeclinationtothestatewidevoterregistrationsystem.

(3) Forthepurposeofthissection,theDepartmentof Highway Safety and Motor Vehicles, with theapprovaloftheDepartmentofState,shallprescribe:

(a) Avoterregistrationapplicationthatisthesameincontent,format,andsizeastheuniformstatewidevoterregistrationapplicationprescribedunders.97.052;and

(b) A form thatwill informapplicantsundersubsection(1)oftheinformationcontainedinparagraph(2)(a).

(4) The Department of Highway Safety and MotorVehicles must electronically transmit completed voterregistrationapplicationswithin24hoursafterreceipttothe statewide voter registration system. Completedpaper voter registration applications received by theDepartmentofHighwaySafetyandMotorVehiclesshallbe forwarded within 5 days after receipt to the supervisor of the county where the office thatprocessed orreceivedthatapplication is located.

(5) The Department of Highway Safety and MotorVehiclesmustsend,witheachdriverslicenserenewalextension application authorized pursuant to s. 322.18(8),auniformstatewidevoterregistrationapplication, the voter registration application prescribedunderparagraph(3)(a),oravoterregistrationapplication developed especially for the purposes of thissubsection by the Department of Highway Safety andMotorVehicles,withtheapprovaloftheDepartmentofState,whichmustmeettherequirementsofs.97.052.

(6) Apersonprovidingvoterregistrationservicesforadriver licenseofficemaynot:

(a) Seek to influence an applicants political preferenceorpartyregistration;

(b) Display any political preference or party allegiance;

(c) Makeanystatementtoanapplicantortakeanyactionthepurposeoreffectofwhichistodiscouragetheapplicantfromregisteringtovote;or

(d) Disclose any applicants voter registration informationexceptasneededfortheadministrationofvoterregistration.

(7) The Department of Highway Safety and MotorVehiclesshallcollectdatadeterminednecessarybytheDepartmentofStateforprogramevaluationandreportingtotheElectionAssistanceCommissionpursuanttofederal law.

(8) The Department of Highway Safety and MotorVehiclesmustensurethatallvoterregistrationservicesprovidedbydriverlicenseofficesareincompliancewiththeVotingRightsActof1965.

(9) The Department of Highway Safety and MotorVehiclesshallretaincompleterecordsofvoterregistration informationreceived,processed,andsubmittedtothe statewide voter registration system by the

Department of Highway Safety and Motor Vehicles.These records shall be for the explicit purpose ofsupporting audit and accounting controls establishedto ensure accurate and complete electronic transmissionofrecordsbetweenthestatewidevoterregistrationsystem and the Department of Highway Safety andMotorVehicles.

(10)The

department

shall

provide

the

Department

of

HighwaySafetyandMotorVehicleswithanelectronicdatabaseofstreetaddressesvalidforuseasthe legalresidence address as required in s. 97.053(5). TheDepartmentofHighwaySafetyandMotorVehiclesshallcomparetheaddressprovidedbytheapplicantagainstthe database of valid street addresses. If the addressprovidedbytheapplicantdoesnotmatchavalidstreetaddressinthedatabase,theapplicantwillbeaskedtoverify the address provided. The Department of Highway Safety and Motor Vehicles shall not reject anyapplicationforvoterregistrationforwhichavalidmatchcannotbemade.

(11)The Department of Highway Safety and MotorVehiclesshallenterintoanagreementwiththedepartment to match information in the statewide voterregistrationsystemwith information inthedatabaseoftheDepartmentofHighwaySafetyandMotorVehiclesto the extent required to verify the accuracy of thedrivers license number, Florida identification number,orlastfourdigitsofthesocialsecuritynumberprovidedon applications for voter registration as required in s.97.053.

(12)The Department of Highway Safety and MotorVehicles shall enter into an agreement with the Commissioner of Social Security as required by the HelpAmericaVoteActof2002toverifythelastfourdigitsofthesocialsecuritynumberprovided inapplications forvoterregistrationasrequired ins.97.053.

History.s.13,ch.94-224;s.2,ch.2002-189;s.9,ch.2005-278.97.0575 Third-partyvoterregistrations.(1) Before engaging in any voter registration activ

ities, a third-party voter registration organization mustregister and provide to the division, in an electronicformat,thefollowing information:

(a) Thenamesoftheofficersoftheorganizationandthenameandpermanentaddressoftheorganization.

(b) The name and address of the organizationsregisteredagent inthestate.

(c) Thenames,permanentaddresses,andtemporary addresses, if any, of each registration agentregistering persons to vote in this state on behalf oftheorganization.

(d) Aswornstatement fromeach registrationagentemployedbyorvolunteeringfortheorganizationstatingthattheagentwillobeyallstatelawsandrulesregardingtheregistrationofvoters.Suchstatementmustbeonaformcontainingnoticeofapplicablepenalties for falseregistration.

(2) Thedivisionor thesupervisorofelectionsshallmake voter registration forms available to third-partyvoter registration organizations. All such forms mustcontaininformationidentifyingtheorganizationtowhichthe forms are provided. The division shall maintain adatabase of all third-party voter registration


25/184

F.S.2011 QUALIFICATIONANDREGISTRATIONOFELECTORS Ch.97organizationsandthevoterregistrationformsassigned voter registration application promptly is based uponto the third-party voter registration organization. Each forcemajeureor impossibilityofperformance.supervisor of elections shall provide to the division (4) IftheSecretaryofStatereasonablybelievesthainformationonvoterregistrationformsassignedtoand apersonhascommittedaviolationofthissection,thereceived from third-party voter registration organiza- secretarymayreferthemattertotheAttorneyGenerations.Theinformationmustbeprovidedinaformatand forenforcement.TheAttorneyGeneralmay instituteaattimesasrequiredbythedivisionbyrule.Thedivision civilactionforaviolationofthissectionortopreventamust

update

information

on

third-party

voter

registra- violation

of

this

section.

An

action

for

relief

may

includetionsdailyandmaketheinformationpubliclyavailable. a permanent or temporary injunction, a restraining

(3)(a) A third-party voter registration organization order,oranyotherappropriateorder.thatcollectsvoterregistrationapplicationsservesasa (5) The division shall adopt by rule a form to elicifiduciary to the applicant, ensuring that any voter specific information concerning the facts and circumregistration application entrusted to the organization, stances from a person who claims to have beenirrespectiveofpartyaffiliation,race,ethnicity,orgender, registered to vote by a third-party voter registrationshall be promptly delivered to the division or the organizationbutwhodoesnotappearasanactivevotesupervisor of elections within 48 hours after the on the voter registration rolls. The division shall alsoapplicant completes it or the next business day if the adopt rules to ensure the integrity of the registrationappropriateofficeisclosedforthat48-hourperiod.Ifa process, including rules requiring third-party votevoterregistrationapplicationcollectedbyanythird-party registration organizations to account for all state andvoterregistrationorganizationisnotpromptlydelivered federal registration forms used by their registrationtothedivisionorsupervisorofelections,thethird-party agents. Such rules may require an organization tovoterregistrationorganizationis liableforthefollowing provide organization and form specific identificationfines: informationoneachformasdeterminedbythedepart

1. A fine intheamountof$50foreachapplication mentasneededtoassistintheaccountingofstateandreceived by the division or the supervisor of elections federalregistrationforms.more than 48 hours after the applicant delivered the (6) The date on which an applicant signs a votecompleted voter registration application to the third- registration application is presumed to be the date onparty voter registration organization or any person, which the third-party voter registration organizationentity,oragentactingonitsbehalforthenextbusiness receivedorcollectedthevoterregistrationapplicationday,iftheofficeisclosed.Afineintheamountof$250 (7) Therequirementsof thissectionareretroactivefor each application received if the third-party voter foranythird-partyvoterregistrationorganizationregisregistration organization or person, entity, or agency teredwith thedepartmenton theeffectivedateof thisactingon itsbehalfactedwillfully. act,andmustbecompliedwithwithin90daysafterthe

2. Afineintheamountof$100foreachapplication department provides notice to the third-party votecollectedbyathird-partyvoterregistrationorganization registrationorganizationoftherequirementscontainedor any person, entity, or agent acting on its behalf, in thissection.Failureof the third-partyvoterregistrabeforebookclosingforanygivenelectionforfederalor tionorganizationtocomplywiththerequirementswithinstate office and received by the division or the super- 90 days after receipt of the notice shall automaticallyvisor of elections after the book-closing deadline for result in the cancellation of the third-party votesuch election. A fine in the amount of $500 for each registrationorganizationsregistration.applicationreceived if the third-partyregistrationorga History.s.7,ch.2005-277;s.2,ch.2007-30;s.4,ch.2011-40.nizationorperson,entity,oragencyactingonitsbehalfactedwillfully. 97.058 Voterregistrationagencies.

(1) Each voter registration agency must providecollectedbyathird-partyvoterregistrationorganization3. Afineintheamountof$500foreachapplication eachapplicant theopportunity to register tovoteor tooranyperson,entity,oragentactingonitsbehalf,which update a voter registration record, at the time theis not submitted to the division or supervisor of applicant applies for services or assistance from thaelections.

A

fine

in

the

amount

of

$1,000

for

any

agency, forrenewalofsuchservicesorassistance,oapplication not submitted if the third-party voter regis for a change of address required with respect to thetrationorganizationorperson,entity,oragencyacting servicesorassistance.on itsbehalfactedwillfully. (2) Each voter registration agency, other than a

publiclibrary,mustdevelopandprovideeachapplicanThe aggregate fine pursuant to this paragraph which withaformapprovedbythedepartmentcontainingallomaybeassessedagainstathird-partyvoterregistration thefollowing:organization, includingaffiliateorganizations,forviola- (a) Thequestions:tionscommitted inacalendaryear is$1,000. 1. Ifyouarenotregistered tovotewhereyou live

(b) A showing by the third-party voter registration now,wouldyouliketoapplytoregistertovotetoday?organizationthatthefailuretodeliverthevoterregistra- 2. Ifyouareregisteredtovotewhereyoulivenowtionapplicationwithin therequired timeframe isbased wouldyouliketoupdateyourvoterregistrationrecord?uponforcemajeureorimpossibilityofperformanceshall (b) For agencies providing public assistance, thebeanaffirmativedefensetoaviolationofthissubsec- statement,Applyingtoregisterordecliningtoregistetion.Thesecretarymaywaivethefinesdescribedinthis tovotewillnotaffecttheamountofassistancethatyousubsectionuponashowingthatthefailuretodeliverthe willbeprovidedbythisagency.


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Ch.97 QUALIFICATIONANDREGISTRATIONOFELECTORS F.S.2011(c) Boxes for the applicant to check which indicate

that:1. The applicant would like to register to vote or

updateacurrentvoterregistration;2. Theapplicantwould liketodeclinetoregisterto

vote;or3. The applicant is already registered to vote and

doesnot

need

to

update

the

voter

registration,

together with the statement, If you do not check anybox, you will be considered to have decided not toregister to vote or update a voter registration at thistime.

(d) Thestatement,Ifyouwouldlikehelpinfillingoutthevoterregistrationapplication,wewillhelpyou.Thedecisionwhether toseekoraccepthelp isyours.Youmayfilloutthevoterregistrationapplicationinprivate.

(e) Thestatement,Ifyoubelievethatsomeonehasinterfered with your right to register or to decline toregistertovote,yourrighttoprivacyindecidingwhethertoregisterorinapplyingtoregistertovote,oryourrightto choose your own political party or other politicalpreference,youmayfileacomplaintwiththeSecretaryofState.

(f) The address and telephone number of theappropriateofficeinthedepartmentwhereacomplaintmaybefiled.

(g) A statement that all declinations will remainconfidentialandmaybeusedonlyforvoterregistrationpurposes.

(h) A statement that informs the applicant whochoosestoregistertovoteorupdateavoterregistrationrecord that theofficeatwhich theapplicantsubmitsavoter registration application or updates a voter registrationrecordwillremainconfidentialandmaybeusedonlyforvoterregistrationpurposes.

(3)(a) A voter registration agency may use the uniform statewide voter registration application or maycreate and use a voter registration application thatmeetstherequirementsofs.97.052,withtheapprovalofthedepartment.

(b) Avoterregistrationagencymustprovidetoeachapplicant under subsection (1) the voter registrationapplicationthattheagencydecidestousepursuanttoparagraph (a). An applicant who indicates a desire toregister to vote or update a voter registration recordmust beprovided thesamedegreeofassistancewithregard to the completion of that voter registrationapplication as is provided by the agency with regardtothecompletionofitsownforms,unlesstheapplicantrefusesthatassistance.

(4) Ifavoterregistrationagencyprovidesservicestoa person with a disability at the persons home, theagencymustalsoprovidevoterregistratio

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