SI- Mi Familia Vota v. Detzner

Date: 
Friday, July 27, 2012
Document Type: 
Statement of Interest

You may view the statement of interest in pdf format.



UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MI FAMILIA VOTA EDUCATION FUND,
as an organization;  MURAT LIMAGE; PAMELA GOMEZ,

Plaintiffs.
v.
KEN DETZNER, in his official capacity as Florida Secretary of State,

Defendant.


 CIVIL ACTION

 FILE NO. 8:12-CV-1294-T-27MAP

STATEMENT OF INTEREST OF THE UNITED STATES

 


- 1 -

I.  INTRODUCTION
The United States files this Statement of Interest in opposition to Defendant's motion to dismiss,
ECF 16, pursuant to 28 U.S.C. § 517, because this case presents an important question regarding the
proper construction of Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c ("Section 5"). 1  The
State of Florida has adopted a new database matching program that results in
registered voters being removed from the voter rolls.  This new practice has not been submitted for
administrative or judicial preclearance pursuant to Section 5 of the Voting Rights Act, and despite
a lack of preclearance, the change has been implemented in Florida's covered counties subject to
Section 5.  The plaintiff s claims are therefore not moot, as the change has been implemented in
covered jurisdictions without appropriate preclearance, including the removal of voters from the
registration rolls.  Further, nothing in the Help America Vote Act ("HAVA") requires the State to
implement its chosen database matching program, nor does it excuse the failure to obtain
preclearance.  In this case, as in all Section 5 enforcement actions, the United States has a
strong interest in ensuring that Section 5 is vigorously and uniformly enforced.  The United States
therefore urges the Court to deny the Florida Secretary of State's motion to dismiss.
II.   LEGAL BACKGROUND

Florida's new voter registration list maintenance practices and procedures are voting changes that
must be submitted for review before they can be implemented in the five counties subject to Section
5-Collier, Hardee, Hendry, Hillsborough,  and Monroe Counties.  Here, at the
1  Pursuant to 28 U.S.C. § 517, "[t]he Solicitor General, or any officer of the Department of
Justice, may be sent by the Attorney General to any State or district in the United States to
attend to the interests of the United States in a suit pending in a court of the United States. . .
." Under this provision, "[t]he United States Executive has the statutory authority, in any case in
which it is interested, to file a statement of interest[.]" Gross v. German Found. Indus.
Initiative, 456 F.3d 363, 384 (3d Cir. 2006).


 


- 2 -

direction of the State, the covered counties implemented these new, unprecleared voting practices
and procedures.  Even though the State represents that it has stopped additional implementation of
its program, this case is not moot because the covered counties have already
implemented this unprecleared change, impacting voters.  The United States respectfully submits
that Defendant's arguments are contrary to the plain language of Section 5 and would lead to
results that would undermine Congress's intent that covered jurisdictions  submit all voting 
related changes either to the U.S. Department of Justice for administrative review, or to a three­
judge panel in the District Court of the District of Columbia for judicfal review.
Section 5 applies to all changes of "any voting qualification or prerequisite to voting, or
standard, practice or procedure with respect to voting" adopted or sought to be implemented by
covered jurisdictions,  and the Act defines the term "voting" very broadly.  42 U.S.C. §§ 1973c,
1973!(c)(1).  The Supreme Court has made clear that, in covered jurisdictions,  "all changes in
voting must be precleared."  Presley v. Etowah County Comm 'n,502 U.S. 491, 501 (1992).  In this
case, as outlined below, the State of Florida had previously submitted voting changes related to
both its implementation of HAVA and other voter registration list maintenance procedures involving
the use of database matching.  None of these previous submissions, which received preclearance,
included the procedures at issue in this case, namely, matching the records contained in the
Florida Voter Registration System ("FVRS") with citizenship data contained in the Florida
Department of Highway Safety and Motor Vehicle ("DHSMV") MAN Driver and Vehicle Express ("MDVA")
database, forwarding the results of this data matching to County Supervisors of Elections, and
requiring Supervisors of Elections to initiate the removal of registered voters from FVRS based on
this matching.  Florida's use of this matching procedure constitutes a change in practice and
procedure that requires preclearance.


 


- 3 -

A.          Legal Standard in Section 5 Enforcement Actions

The legal standards to be applied in Section 5 cases have been ·well established by the Supreme
Court.  Congress enacted the Voting Rights Act of 1965 to "rid the country of racial discrimination
in voting."  South Carolina v. Katzenbach, 383 U.S. 301, 315 (1966).  Section 5 is an integral part
of the Act, designed "to shift the advantage of time and inertia from the perpetrators of the evil
to its victim[ s], by freezing election procedures in the covered areas
unless the changes can be shown to be nondiscriminatory."  Reno v. Bossier Parish Sch. Bd., 520

U.S. 471, 477 (1997) (Bossier I) (internal citations and quotation marks omitted).  Section 5
"automatically suspends the operation of voting regulations . . . and furnishes mechanisms for
enforcing the suspension."  Katzenbach, 383 U.S. at 335.  This suspension occurs "pending scrutiny
by federal authorities to determine whether their use would violate the Fifteenth Amendment."  Id.
at 334.  In 2006, Congress reauthorized the preclearance requirements of Section 5 of the Voting
Rights Act.  See Shelby County, Alabama, v. Holder, 679 F.3d 848 (D.C. Cir. 2012) (upholding the
reauthorization of Section 5).
The Voting Rights Act sets forth a unique statutory scheme to resolve issues that arise under the
preclearance provisions.  The Act provides for a clear division of jurisdiction between
"substantive discrimination questions" and "coverage questions."  Allen v. State B,oard of
Elections, 393 U.S. 544, 559 (1969) (internal quotations omitted).  "Congress expressly reserved
for consideration by the District Court for the District of Columbia or the Attorney General-the
determination whether a covered change does or does not have the purpose or effect of denying or
abridging the right to vote on account ofrace or color."  Perkins v. Matthews, 400 U.S. 379, 385
(1971) (internal quotations omitted).  The Attorney General and the United States District Court
for the District of Columbia have "exclusive authority," Lopez v. Monterey County, 519


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12 . Page 5 of 21 PagelD 147


- 4 -

U.S. 9, 23 (1996) (Lopez I), to make the substantive preclearance determination of "whether a
proposed change actually discriminates on account of race," United States v. Bd. of Supervisors of
Warren County, 429 U.S. 642, 646 (1977).  Such a determination is "foreclosed" to any other court. 
Perkins, 400 U.S. at 385.  Pursuant to Sections 5 and 14(b) of the Voting Rights Act, 42
U.S.C. §§ 1973c & 1973/(b), covered jurisdictions  seeking preclearance of a new voting change have
a choice of filing a declaratory judgment  action in the District Court for the District of
Columbia, or making an administrative submission to the Attorney General, who then has 60 days to
act on a completed submission.  Morris v. Gressette, 432 U.S. 491, 501-02, 504 n. 19, 505 n.21
(1977).
Pursuant to Sections 12(d) and (f) of the Voting Rights Act, 42 U.S.C. § 1973(d) & (f), the United
States and/or private plaintiffs can bring coverage actions to enjoin enforcement of unprecleared
changes.  Such coverage actions are heard by three-judge federal district courts convened in
jurisdictions  covered by Section 5.  Such courts may consider only "coverage" questions,
determining "whether a particular state enactment is subject to the provisions of the Voting Rights
Act, and therefore must be submitted for approval before enforcement."  Allen, 393 U.S. at 559-60. 
In such coverage cases, a court "lacks authority to consider the discriminatory purpose or nature
of the changes."  Lopez I, 519 U.S. at 23.  The Supreme Court
has repeatedly held that there are only three issues to be decided in a coverage action: "whether §
5 covers a contested change, whether § 5's approval requirements were satisfied, and if the
requirements were not satisfied, what temporary remedy, if any, is appropriate" until the change 
is precleared or abandoned.  Lopez I, 519 U.S. at 23; see also McCain v. Lybrand, 465 U.S. 236, 251
n. 17 (1984) (same); City of Lockhart v. United States, 460 U.S. 1_25, 129 n. 3 (1983) (same). This
three-part test must be applied in a Section 5 enforcement action such as the present case.


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 6 of 21 PagelD 148


- 5 -

Pursuant to Section 5, "[w]henever" a covered jurisdiction "enact[s] or seek[s] to administer any .
. . standard, practice, or procedure with respect to voting different from that in force or
effect," it must first obtain administrative or judicial preclearance.  42 U.S.C. § 1973c. The
language of Section 5 is clear: "any voting qualification or prerequisite to voting or standard,
practice or procedure with respect to voting" adopted or sought to be implemented by covered
jurisdictions must be submitted for preclearance.  42 U.S.C. § 1973c(a); Presley, 502 U.S. at
501; see also Allen, 393 U.S. at 566 ("Congress intended to reach any state enactment which

altered the election law of a covered State in even a minor way"); Clark v. Roemer, 500 U.S. 646,
652 (1991) (voting changes in covered jurisdictions "will not be effective as law until and unless
[pre]cleared.") (internal quotations and citations omitted).
In this case, Collier, Hardee, Hendry, Hillsborough, and Monroe Counties are subject to the
preclearance requirements of Section 5. See 40 Fed. Reg. 43,746 (1975); 41 Fed. Reg.
34,329 (1976).  In the case of partially covered states, the Supreme Court has recognized that "§
S's preclearance requirement applies to a covered county's nondiscretionary  efforts to implement a
voting change required by state law, notwithstanding the fact that the State is not itself a
covered jurisdiction."  Lopez v. Monterey County, 525 U.S. 266, 282 (1999) (Lopez II).
Further, "[a] State, whether partially or fully covered, has authority to submit any voting change
on behalf of its covered jurisdictions  and political subunits," and indeed, submissions by the
State serve its interests in that "the State is better able to explain to the Attorney General the
purpose and effect of voting changes it enacts than are the individual covered jurisdictions."  28
C.F.R. § 51.23. As a majority of a three-judge panel in Bone Shirt v. Hazeltine, 200 F. Supp. 2d
1150, 1156 (D.S.D. 2002) found, "Congress intended that either the legislative body that enacted
the legislation or the executive body that was responsible for administering the legislation would


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 7 of 21 PagelD 149


- 6 -

be responsible for obtaining preclearance." The Court in that case concluded that the State was the
appropriate defendant for a Section 5 enforcement action, even though only two counties in South
Dakota were subject to Section 5's requirements. Id. (holding that "[u]nder the plain meaning of
the Voting Rights Act, the state of South Dakota is an entity that must secure preclearance from
the Attorney General or bring a declaratory judgment action" for review of a law passed by the
state legislature that impacts voting in the covered counties). In this case, Florida enacted the
new database matching program and has required covered counties to implement it, and it is
therefore an appropriate defendant in this Section 5 enforcement action.
B.         Prior Approval of the State's Benchmark Practices Did Not Include the New Database
Matching 'Program

At least two prior submissions by the State of Florida are relevant to this case: its 2005
submission of changes to the state election code, and its 2011 submission that included its
database matching program to identify deceased voters for removal from the rolls.
On July 5, 2005, Florida submitted an omnibus bill containing. numerous changes to Florida's
election code, including Chapter 2005-278, for preclearance.  See Submission No.
2005-2390 (Exhibit l a).2  Chapter 2005-278 amended Fla. Stat. 98.075. See Exhibit 1b at 24-25.

The submitted changes were significant because they amended, among other things, provisions of the
law relating to the creation of a state voter registration database the removal of voters from the
rolls in certain circumstances, and voter registration list maintenance procedures.  For example,
the 2005 submission amended Fla. Stat. 98.075 to authorize the Department of State to

2     The United States attaches to this statement of interest the following documents related to
Submission Number 2005-2390:  Exhibit la (the July 5, 2005 cover letter from Florida to the
Department); Exhibit lb (Chapter 2005-278, with changes); Exhibit le (a State PowerPoint
presentation explaining the changes), and Exhibit ld (the Sept. 6, 2005 letter from the Department
to Florida).


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 8 of 21 PagelD 150


- 7 -

identify voters subject to removal based on the categories of deceased persons, duplicate
registrations, felony convictions, and adjudications of mental incapacity, see Exhibit 1b at 25
(Fla. Stat. 98.075(1)-(5)).  This provision of the law was also amended to provide that the
Department of State and Supervisors of Election could receive information from sources that were
not expressly identified in the statute to determine other bases of ineligibility, including
citizenship.  See id. In support of its 2005 submission, the state submitted a PowerPoint
presentation that identified the procedures the Department of State and Supervisors of Election
would use to prepare lists for identifying and removing potentially ineligible registrants. 3  See

Exhibit le at 5-7.

On September 6, 2005, the Department precleared the submitted changes but specifically noted that
"Chapter 278, Section 20 (2005) that amends F.S. 98.075, which pertains to voter registration
record maintenance activities" was "enabling in nature[] . . . [t]herefore, the State of
Florida is not relieved of its responsibility to seek Section 5 review of any changes affecting
voting proposed to be implemented pursuant to this legislation."  See Exhibit ld at Att. A, p. 7
(ii
89) and pp. 1-2 (noting that enabling legislation is identified with an asterisk in the
attachment). See Procedures for the Administration of Section 5 of the Voting Rights Act, 28 C.F.R.
§ 51.15 ("With respect to legislation (1) that enables or permits the State or its political
subunits to institute a voting change . . . the failure of the Attorney General to interpose an
objection does not exempt from the preclearance requirement the implementation of the particular
voting change that is enabled, permitted, or required, unless that implementation is explicitly
included and described in the submission of such parent legislation.").  Therefore, any new program
to


3     This PowerPoint is similar to one issued by the State regarding the database matching program
at issue here.  See Exhibit 10.


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 9 of 21 PagelD 151


- 8 -

check citizenship eligibility pursuant to Florida Stat. 98.075, for example, such as the current
program at issue here, would be an enabled change that requires Section 5 review.
On June 8, 2011, the State of Florida submitted another omnibus bill of voting changes that
modified portions of Florida's election code, including Chapter 2011-40, for preclearance. See
Submission No. 2011-2187 (Exhibit 2a).4  Among other things, the submission amended Fla.
Stat. §§ 98.075(3)(b), 98.075(6), and 98.093.  The amendments to 98.075(3) related to

identifying deceased persons by obtaining information from the Social Security Administration.
Exhibit 2b at 14. The amendments to 98.075(6) related to the use of additional sources of
information pertaining to the removal of deceased registrants or persons with felony convictions or
mental incapacitation adjudications whose voting rights were not restored.  See id.; 98.075(2)-
(5).  The submission also included changes to 98.093, which gave the Department of State the
authority to "identify ineligible registered voters" by "access[ing] certain information from state
and federal officials and entities in the format prescribed."  Id. at 15; Fla. Stat. 98.093(1). 
The changes to the title of Section 98.093 provided that state and local officials had the duty to
furnish "information," instead of exclusively providing lists, related to criminal records, 
deceased persons, and persons deemed mentally incapacitated.  Id.; Fla. Stat. 98.093.  Notably, thy
changes to the title of Section 98.093 of the Florida statutes did not expand the scope of the
section.  Id.  The 2011 submission also gave the Secretary of State the authority to "[p]rovide
written direction and opinions to supervisors of elections on the performance of their official
duties with respect to the Florida Election Code or rules adopted by the Department of State."
Exhibit 2b at 8; Fla. Stat. 97.012.
4     The United States attaches to this statement of interest the following documents relating to
Submission Number 2011-2187:  Exhibit 2a (the June 8, 2011 cover letter from Florida to the
Department); Exhibit 2b (Chapter 2011-40, with changes); Exhibit 2c (a summary of the bill's
provisions); and Exhibit 2d (the Aug. 8, 2011 letter from the Department to Florida).


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 10 of 21 PagelD 152


- 9 -

In support of the State's request for preclearance, Florida subr_nitted a chart it prepared that
outlined the 2011 changes.  See Exhibit 2c.  The chart identified only the use of the Social
Security database as a new source of information for the removal of deceased voters under Fla.
Stat. 98.075.  See id. at 5.  The Department precleared the use of the Social Security database and
the authority provided to the Secretary of State.5  See Exhibit 2d.  The. 2011 submission did not

identify new citizenship database verification procedures.

C.      The Requirements of the Help America Vote Act

The Help America Vote Act ("HAVA") requires that states implement a statewide computerized voter
registration list of all voters, see 42 U.S.C. § 15483, but as discussed further below, it does not
specifically require the citizen database matching that the State has now undertaken, nor does it
excuse ajurisdiction's  failure to comply with the requirements of the Voting Rights Act.
HAVA provides that States must define, maintain, and administer their computerized voter
registration lists.  42 U.S.C. § 15483(a)(l)(A).  As part of the database requirements, Section
303(a) contemplates the use of statewide computerized voter registration lists for voter
registration and list maintenance activities.  42 U.S.C. §§ 15483(a)(2); 15483(a)(4);
15483(a)(5)(A)(i) & (ii).  HAVA's voter verification provisions, which are set forth at 42 U.S.C.
§ 15438(a)(5)(A), provide that non-exempt states may not accept or process applications for voter
registration unless the applicant includes a driver's license number (for applicants who have a
current and valid driver license) or the last four digits of the applicant's social security number
(for applicants who do not have a driver license but do have a·social security number).

5     The State withdrew four sets of voting changes, not at issue here, that are subject to
litigation in the District Court for the District Columbia.  See Florida v. United States,
1:11-CV-1428 (D.D.C.).


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12  Page 11 of 21 PagelD 153


- 10 -

HAVA's voter verification provisions also require that non-exempt states share information in
databases to "verify the accuracy of the information provided on applications for voter
registration" using driver license or social security information.  42 U.S.C. §§ 15483(a)(5)(B)(i)-
(ii); 15483(a)(5)(D).  Under HAVA, each "State[s] shall determine whether the information provided
by an individual is sufficient to meet . . . [HAVA's requirements], in accordance with
State law.6 42 U.S.C. § 15483(a)(5)(A)(iii).

HAVA also has computerized list maintenance provisions.  42 U.S.C. § 15483(a)(2), (4). HAVA' s list
maintenance provisions require that the appropriate state and local election officials regularly
"perform list maintenance with respect to the computerized list" in accordance with the National
Voter Registration Act (NVRA).  42 U.S.C. § 15483(a)(2)(A)(i)-(ii).  States that are exempt under
the NVRA because they do not have a voter registration requirement or allow
voter registration at the polling place during general elections for federal office are also
required to conduct computerized list maintenance activities "in accordance with State law." 42
U.S.C. § 15483(a)(2)(A)(iii). As a result, all states must have "[s]tate election systems . . .
[that] include provisions that ensure that voter registration records . . . are accurate and
updated regularly . . . ." 42 U.S.C. § 15483(a)(4).
Computerized list maintenance conducted by a State must be performed "in a manner that ensures that
. . . the name of each registered voter appears in the computerized list; . . . only  voters who
are not registered or who are not eligible to vote are removed from the computerized list; and . .
. duplicate names are eliminated from the computerized list."  42 U.S.C. § 15483(a)(2)(B).  State
election system provisions must also include "[a] system of file
6     When Florida implemented HAVA, the State submitted those changes to the Department for
preclearance under Section 5.  See, e.g., Submission Number 2003-2929.  These provisions of HAVA
and the State's implementation of them do not include the database matching based on citizenship.


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 12 of 21 PagelD 154


- 11 -

maintenance that makes a reasonable effort to remove registrants who are ineligible to vote from
the official list of eligible voters" that is consistent with NVRA and employs "[s]afeguards to
ensure that eligible voters are not removed in error from the official list of eligible voters." 
42 U.S.C.  § 15483(a)(4)(A)-(B).
HAVA neither mandates nor precludes a State's attempts to conduct citizenship list maintenance
activities. See 42 U.S.C §§ 15483(a)(2), (4). HAVA's requirements do not "prevent a State from
establishing election . . . administration requirements that are more strict" than HAVA' s
requirements . . ." so long as such State requirements are not inconsistent with federal law. 42
U.S.C. § 15484. To that end, HAVA gives states discretion to determine how they will satisfy the
statute's mandates, 42 U.S.C. § 15485, provided that the State must still comply with the
requirements of the Voting Rights Act and other federal statutes. 42 U.S.C. § 15545.
III. FLORIDA'S DATABASE MATCHING PROGRAM IS A CHANGE AFFECTING VOTING THAT MUST BE SUBMITTED  FOR 
PRECLEARANCE  PURSUANT TO SECTION S

A.         The Practice at Issue Here is a Change Subject to Section 5 Review

Florida implemented new non-citizen voter verification practices and procedures that are
unsubmitted changes that differ from the State's benchmark procedures previously in force or
effect.  These voter list maintenance procedures are directly related to voting and the ability to
have a cast ballot properly counted.  See 42 U.S.C.19731; see also Presley, 502 U.S. at 509 ("Our
prior cases hold, and we reaffirm today, that every change in rules governing voting must be
precleared."); Allen, 393 U.S. at 565 ("The Voting Rights Act was aimed at the subtle, as well as
the obvious, state regulations which have the effect of denying citizens their right to vote
because of their race").  Unlike Presley, which held that changes affecting "the allocation of
power


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 13 of 21 PagelD 155


- 12 -

among governmental officials" was not a covered change, Florida's new non-citizen list maintenance
practice and procedures "bear a direct relation to voting itself."  See 502 U.S. at
510.  Indeed, removing voters from the list of registered voters, which makes them ineligible to
cast a ballot, is a change "in the composition of the electorate."  Id. at 502-03.
States are required to identify changes with specificity for adinistrative review.   28

C.F.R. §§ 51.26 to 51.27; Clark v. Roemer, 500 U.S. at 658; see also McCain v. Lybrand, 465

U.S. 236, 249-50 (1984) ("the Act would plainly be subverted if the Attorney General could ever be
deemed to have approved a voting change when the proposal was neither properly submitted nor in
fact evaluated by him.").  Thus, "the submission oflegislation for administrative preclearance
under § 5 defines the scope of the preclearance request."  See Clark, 500 U.S. at 656.
Florida's 2005 and 2011 Section 5 submissions did not identify the new citizenship list maintenance
practices initiated by the State and implemented by Supervisors of Elections under Defendant's
direction as a change being submitted for review.  See Exhibits 1a, 1c, 2a, & 2c.
Further, the assertion that the Secretary's new activities are precleared because they are related
to previously precleared changes is incorrect.  See McCain, 465 U.S. at 256-57.  Nor has the
Secretary of State made a Section 5 submission of these changes. 7  NAACP v. Hampton County

7    The State references a decision in the Northern District of Florida denying a motion for
temporary restraining order against the State's program.  See Order Denying a Temporary Restraining
Order, United States v. Florida, 4:12-CV-285 (N.D. Fla. June 28, 2012) (see ECF
16-2).  In denying the TRO, the Court explained that the doctrine of voluntary cessation created a
rebuttable presumption that the challenged conduct will not recur.  Id ..at 10-11. The court
recognized that the State's voter verification program had "major flaws," including the fact that
it "identified many properly registered citizens as potential noncitizens." Id. at 2, 9.  Finally,
the court noted that the list maintenance program "probably ran afoul" of NVRA Section 8(b), 42
U.S.C. § 1973gg-6(b), which requires state voter list maintenance programs to be "uniform" and
"nondiscriminatory."  Id. at 9.  The decision in United States v. Florida does not address Section
5 of the Voting Rights Act, the implementation of the database matching program that had


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 14 of 21 PagelD 156


- 13 -

Election Comm 'n,470 U.S.  166, 182 (1985) ("[T]he change must be submitted 'in some unambiguous
and recordable manner."') (internal citations omitted); see also 28 C.F.R. §§51.26- 51.28.
Nothing in Florida's 2011 submission provides that the Secretary of State can create a new
non-citizen category of individuals under 98.093 for which it can "access . . . information from
state and federal officials and entities," see Fla. Stat. 98.093(1), distribute the results of the
Department of State's data comparisons as a "source" of information that a voter is "not a United
States citizen" under Fla. Stat. 98.075(6), and direct Supervisors of Elections to initiate voter
removal procedures.  The identified categories for the use of data obtained from "state and federal
officials or entities" were unaltered in the 2011 submission.  See Exhibits 2b at 15; see also
Exhibit 7 (2001-1693 submission); Fla. Stat. 98.093.  Because the benchmark is clearly outlined in
Florida's code and its submission materials, Defendant's new practices and procedures constitute a
voting change.
Neither the Attorney General's preclearance of Fla. Stat. 98.075 or 98.093, nor Defendant's
assertion that it has voluntarily ceased its database comparisons, eliminate the  State's
responsibility to submit its new discretionary voting practices and procedures for preclearance
under Section 5, as those changes have been implemented in the covered counties. See, e.g., Exhibit
3 (news article on implementation of this change in Collier County).  Thus, the Secretary of State
cannot now allege that the voting practice he initiated (and that the covered counties implemented
at his direction), is completely abandoned, because the change has already affected voters in the
covered counties.  The implementation of these new practices and procedures without preclearance
violates Section 5.  Connor v. Waller, 421 U.S. 656 (1975) (per
already occurred in the covered counties, or the fate of the voters who were removed pursuant to
that program.


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 15 of 21 PagelD 157


- 14 -

curium) ("Those Acts are not now and will not be effective as laws until and unless [pre]cleared
pursuant to § 5."); see also Exhibit 4 (May 31, 2012 Letter from Department to Florida identifying
unprecleared change with regards to the State's database matching program).
B.         The State of Florida and Other Jurisdictions Have Submitted New Database Matching
Programs for Review Pursuant to Section 5

Database matching programs are required to be submitted for Section 5 review, see, e.g., Curtis v.
Smith, 121 F. Supp. 2d 1054, 1060 (E.D. Tex. 2000) (upon review of en masse challenges of
residency, the court determined that "[s]uch an action, representing a change from 'more than one'
to over 9,000 in one fell swoop, ·coupled with the timing of the challenges before us, must be
precleared in accordance with § 5 of the Voting Rights Act."); Order, Morales v.
Handel, 1:08-CV-3172, at 21-22 (N.D. Ga. Oct. 27, 2008) (holding that the State's "comparison of
information [between two] databases that results in the identification of applicants whose
eligibility could not be verified" constitutes a voting change and must be submitted for Section 5
review) (Exhibit 5).  And in fact, the State of Florida has previously made such submissions.
See, e.g., Exhibit le; Exhibit 2c at 5; Exhibit 7.

In 2001, when Florida contemplated database match procedures for the removal of registered voters,
the Department of Justice requested more information to identify "with specificity 'the other
computer databases' . . . and the 'other relevant sources' available to the State," for determining
ineligibility.  Exhibit 6 at 2 (Dec. 17, 2001 letter from Department to Florida).  The State
responded by identifying the database sources used for determining the continued eligibility of
voters on the registration list.  Exhibit 7 (Jan. 29, 2002 letter from Florida to Department). 
With the additional information, the Department precleared the relevant provisions of the
submission on March 28, 2002.  Exhibit 8.  And when Florida added the Social Security
Administration as a source for conducting database comparisons to identify deceased


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 16 of 21 PagelD 158


- 15 -

persons in 2011, the State submitted the change for Section 5 review.  See Exhibit 2c at 5 (Chart
prepared by Florida identifying 2011 changes).
Other covered jurisdictions have also submitted their voter database comparisons concerning
citizenship for preclearance.  In 2006, for example, Arizona submitted the use of the SAVE database
to assist in determining eligibility of voter registration applicants.  See Exhibit 9 (2006
submission from Arizona at 6).  Georgia also submitted its database matching program for
identifying potential non-citizens for Section 5 review following a Section 5 enforcement action;
the district court in that case held that this program was a change that needed to be submitted.
See Exhibit 5 at pp. 21, 22.  The database matching procedures at issue here, implemented in the
covered counties, require Section 5 review.
C.         The State Is an Appropriate Defendant Here as the Counties Have Implemented the Change
at the Direction of the State

Statewide voting changes in non-covered states that include covered jurisdictions  are subject to
preclearance.  See Lopez IL 525 U.S. at 282; see also Bone Shirt v. Hazeltine , 200 F.
Supp. 2d 1150, 155-56 (D.S.D. 2002) (state required to submit changes affecting its two covered
counties); Haith v. Martin, 618 F. Supp. 410 (E.D. N.C. 1985) (holding that state defendants in
North Carolina, a partially covered state, must submit statewide voting changes for preclearance).
Here, the Florida Department of State exercised its discretion and instituted a new practice and
procedure to compare the statewide voter registration database to another database for the purpose
of identifying and removing voters from the voter registration list.  See Exhibit 10 (April 2012
PowerPoint presentation).  The Florida Secretary of State has the authority to establish written
practices, and the State has previously submitted written directions, practices, and procedures
concerning Florida's database matching programs, similar to the one here, for


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 17 of 21 PagelD 159


- 16 -

preclearance.  See, e.g., Exhibit le at 5-7; Exhibit 2c at 5; Wexler v. Lepore, 342 F. Supp. 2d
1097, 1099 (2004), aff'd Wexler v. Anderson, 452 F.3d 1226 (11th Cir. 2006) ("Florida's election
system consists of the Legislature, the Department of State, and the Supervisors of Elections for
Florida's sixty-seven counties. Within the statutory framework governing elections, the Legislature
has authorized the Department of State to issue binding interpretations of the election laws."). 
The Secretary of State is the appropriate state election official to submit the new citizenship
list maintenance provisions on behalf of the covered counties for another practical reason-only the
Secretary can fully "explain to the Attorney General the purpose and effect of voting changes it
enact[ed]."  See 28 C.F.R. § 51.23.  In fact, all of the information regarding the development of
the new citizenship list maintenance requirement is in the Secretary's control, because the county
supervisors of elections in the covered jurisdictions  did not develop the list maintenance
practices and procedures.
D.      The Matter Is Not Moot, as the Change Has Been Implemented Already

The State argues that its discontinuation of the data matching procedure obviates the need to
submit this change for preclearance.  ECF 16 at 3, 12-13. However, the change has been implemented
in covered counties, see Exhibit 3, even though preclearance has not been obtained and has already
affected voters.  Further, to the extent that the State now intends to implement a new data
matching procedure using the Systematic Alien Verification. of Entitlement ("SAVE") federal
database, see ECF 16 at pp. 12-13, that matching procedure also requires pre-clearance before it
can be implemented in the covered counties.  See, e.g., Exhibit 9 at 6 (State of   Arizona's
submission of its SAVE database matching program for new registrants).


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 18 of 21 PagelD 160


- 17 -

IV.       HAVA NEITHER REQUIRES THE STATE'S SPECIFIC PROGRAM NOR EXEMPTS  COMPLIANCE FROM SECTION
S'S REQUIREMENTS

Congress adopted HAVA in 2002, with certain requirements about the creation and maintenance of
state-wide voter registration databases.  HAVA does not require Florida's new citizenship list
maintenance practices and cannot serve as the benchmark for determining whether the State has
implemented a voting change.  HAVA requires that states create a statewide voter registration
database.  42 U.S.C. § 15483.  HAYA also imposes limited list maintenance requirements for existing
registrants in accordance with the established provisions
of the National Voter Registration Act ("NVRA").  See 42 U.S.C. § 15483(a)(2)(A)-(B)(ii) ("For
purposes of removing names of ineligible voters [under the NVRA], . . . the State shall  coordinate
the computerized list with State agency records on felony status . . . and death.").
HAVA also requires certain steps to verify the identity of new registrants through comparisons with
state driver license databases and federal Social Security databases.  42 U.S.C. § 15483(a)(5).  By
the terms of the plain text of the statute, none of these provisions of HAVA imposes a
non-discretionary duty for Florida to initiate its new citizenship list maintenance program,
despite the State's arguments to the contrary.  See ECF 16 at pp. 5, 7, 22.   HAYA allows
discretion for states to adopt more strict provisions not required or mentioned in the text  of
HAVA, such as citizenship verification, but it does not require it.  And such discretion is the
touchstone that requires preclearance under Section 5.  Moreover, in any event, HAYA expressly
requires compliance with the Voting Rights Act and other federal laws.  42 U.S.C. § 15484  ("The
requirements established by this title are minimum requirements and nothing in this title shall be
construed to prevent a State from establishing . . . administration requirements that are
more strict . . . so long as such State requirements are not inconsistent with . . . any law
described in section 906."); 42 U.S.C. § 15545(a) ("nothing in this chapter may be construed to
authorize


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 19 of 21 PagelD 161


- 18 - '

or require conduct prohibited under" or "to supersede, restrict, or limit the application of ' the
Voting Rights Act, among other federal laws).  See also Fordice, 520 U.S. at 284 (noting that
preclearance is required even when "the changes are made in an effort to comply with federal law");
Order, Morales v. Handel, at 21 ("Though these [changes] could both be characterized as exercises
of local discretion, permitted under federal and state law, in response to the federal mandate of
HAVA, this does not shield them from review under Section 5.") (Exhibit 5).
In Young v. Fordice, the Supreme Court unanimously held that the discretionary aspects of a
jurisdiction's  attempt to comply with a federal law mandate (in that case, the NVRA) were subject
to review under Section 5 of the Voting Rights Act.  See 520 U.S. 273, 290-91 (1997). The Court
reiterated its long standing holding that "minor, as well as major, changes require preclearance .
. . so long as those changes reflect policy choices made by state or local officials." Id. at 284. 
Here, as in Young, Florida's discretionary decision to implement a new list maintenance practice
and distribute the results as a "source" for detert?ining ineligibility under Fla. Stat. 98.075(6)
is a change that must be submitted for review.  See McDaniel v. Sanchez, 452 U.S. 130, 153 (1981)
(whenever "a proposal reflect[s] the policy choices of the elected representatives of the people .
. . the Voting Rights Act is applicable"); Fordice, 52 U.S. at 290.
Accordingly, the Department of Justice informed Florida that the changes challenged here are
subject to coverage under Section 5. See Exhibit 4; see also Exhibits ld & 2d.8
V.         THE APPROPRIATE REMEDY FOR UNPRECLEARED CHANGES

The text of Section 5 is unambiguous: "unless and until" preclearance for a new voting practice is
obtained from the United States District Court in the District of Columbia or the Attorney General,
"no person shall be denied the right to vote for failure to comply with such"
8 The Supreme Court has observed that the Attorney General's interpretation of Section 5 is
entitled to substantial deference.  Lopez II, 525 U.S. at 281.


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 20 of 21 PagelD 162


- 19 -

practice.  42 U.S.C. § l 973c.  The U.S. Supreme Court has aptly described this as the "guarantee
of § 5 that no person shall be denied the right to vote for failure to comply with an unapproved
new enactment subject to § 5." Allen, 393 U.S. at 557.
As such, the Supreme Court has repeatedly held that a voting change that has not been precleared
cannot legally be implemented.  The application of Section 5 in this regard is set forth in the
Supreme Court's unanimous decisions in Lopez I, 519 U.S. 9, and Clark v. Roemer, 500
U.S. 646 (1991).  "A jurisdiction  subject to § 5's requirements must obtain either judicial or
administrative preclearance before implementing a voting change."  Lopez I, 519 U.S. at 20.  "A
voting change in a covered jurisdiction  'will not be effective as la[w] until and unless cleared'
pursuant to one of these two methods."  Clark, 500 U.S. at 652 (quoting Connor v. Waller, 421
U.S. 656 (1975)). "Failure to obtain either judicial or administrative preclearance 'renders the
change unenforceable."' Id. (quoting Hathorn v. Lovorn, 457 U.S. 255, 269 (1982)). "Ifa voting
change subject to § 5 has not been precleared, § 5 plaintiffs are entitled to an injunction
prohibiting implementation of the change." Lopez I, 519 U.S. at 20; see also Clark, 500 U.S. at
652-53; Allen, 393 U.S. at 571-72.
The Court should deny the State's motion to dismiss this case.  Because the unprecleared database
matching program has already resulted in changes to the voter registration lists in the covered
counties, a live controversy exists.
VI.     CONCLUSION

For the foregoing reasons, the United States respectfully requests that this Court deny the State's
motion to dismiss and find that Florida's new list maintenance practices and procedures must be
submitted to the Department of Justice or the District Court of the District of Columbia


Case 8: 12-cv-01294-JDW-MAP   Document 22   Filed 07/27/12   Page 21 of 21 PagelD 163


- 20 -

for Section 5 review, since they are unprecleared changes that have been implemented in the covered
counties subject to Section 5.
Date:   July 27, 2012                                                     Respectfully submitted,
THOMAS E. PEREZ
Assistant Attorney General
Civil Rights Division

 

Isl John Albert Russ IV

T. CHRISTIAN HERREN JR JOHN ALBERT RUSS, IV California Bar No. 192471 ELISE SANDRA SHORE Georgia
Bar No. 557131 JENIGH J. GARRETT
New York Bar No. 4230124 Attorneys, Voting Section Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
Tel:  (202) 305-0070
Tel:  (202) 353-7738
Fax:  (202) 307-3.961
j ohn.russ@usdo j.gov elise.shore@usdo j.gov
j enigh.garrett@usdoj.gov


Certificate of Service

I certify that a true and correct copy of the foregoing will be sent electronically to the
registered participants (filed through EM IECF system), on this the 27th day of July, 2012.
Isl John Albert Russ IV JOHN ALBERT RUSS IV
Special Litigation Counsel
Voting Section


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 1a


 

 


CIV, '., ffm,f f '._ DIVISION
. u I L 0 > . (flON
2fD5 Jut I I   AH 9: ll I

 

OFFICE OF THE ATTORNEY GENERAL
PL-01, The Capitol
Tallahassee, Florida 32399-1050
Telephone (850) 414-3300, SunCom 994-3300
SunCom 278-4872

 

 

 

 


CHARLIE CRIST ATTORNEY  GENERAL

 

 

 

 

 

 


July 5, 2005

 

 

 

 

 

 

 

 

 

Mr. John Tanner Chief, Voting Section Civil Rights Division Department of Justice
950 Pennsylvania Avenue, N.W. Suite 7254-NWB
Washington, D.C. 20530

RE: Submission Under Section 5 of the Voting Rights Act of Florida Legislation Passed During the
2005 Session

Dear Mr. Tanner:

Pursuant to Section 5 of the Voting Rights Act of 1965, as amended, and 28 C.F.R. 51, I am
presenting six submissions consisting of legislation enacted during the 2005 Session. This
compilation seeks your determination that these changes do not have the purpose or effect of
denying or abridging the right to vote on account of race, color, or language minority group.

These submissions are:

I.     Chapter  2005-277.  Laws  of  Florida, which authorizes the Secretary  of State  to
investigate voter fraud; provides for qualifying for nomination or election bythe petition process;
requires that an elector in line at the time the polls close be allowed to vote; revises the
Voter's Bill of Rights to authorize a provisional ballot if a person's identity is in question;
provides requirements for ballots for persons with disabilities; revises the time to begin and end
early voting and the time for opening and closing the early voting sites  each day; revises the
circumstances under which a manual recount may be ordered, and provides for additional election
reform measures.

II. Chapter 2005-278. Laws of Florida, which revises the duties of the Secretary of State and the
Department of State relating to election laws; revises the oath taken by a person registering to
vote; revises the voter registration procedure by the Department of Highway Safety and Motor
Vehicles; deletes provisions relating to the second primary; establishes a statewide voter
registration system; provides for contribution limits to statewide candidates; makes it a
third-degree felony to participate in certain exchanges associated with voting by absentee ballots;
and provides for additional related reform measures.


 

 

Mr. John Tanner Page Two

 

Ill. Chapter 2005-279. Laws of Florida, which revises an exemption from the public records law
which is provided for information concerning persons who decline to register to vote, information
relating to the place where a person registered to vote or updated a registration, and voter's
signature and social security number; expands a public records exemption for the names, addresses,
and telephone number of participants in the Address Confidentiality Program for Victims of Domestic
Violence; and addresses related public records issues.

IV. Chapter 2005-286. Laws of Florida, which permanently eliminates the second primary election and
revises provisions to conform to this elimination.

V. Chapter  2005-150.  Laws of  Florida, which provides for additional circuit judgeships embracing
Hardee and Hillsborough Counties.

VI. HB 1291. Laws of Florida, which creates the Key Largo Fire Rescue and Emergency Medical
Services District, a special district in Monroe County.

For the sake of clarity, these submissions follow the format of 28 C.F.R. 51.27 and accompany this
letter.

Sincerely,

 


Charlie Crist

CC/glw Enclosures

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 1b


Case 8:12-cv-01294-JDW-MAP    Document 22-2

 

CHAPTER 2005-278

House Bill No. 1589

An act relating to elections; amending s. 97.012, F.S.; revising the duties of the Secretary of
State and the Department of State relating to election laws; providing for rulemaking; authorizing
the Secretary of State to delegate voter registration and records maintenance  du­ ties to voter
registration  officials;  providing  that  the  secretary has a duty to bring legal action to
enforce the performance of county supervisors of elections or other officials performing duties
relating to the Florida Election Code; providing a prerequisite to bringing such an action;
providing venue; requiring that courts give priority to such an action; providing penalties;
providing for the adoption of rules; amending s. 97.021, F.S.; revising and providing definitions;
amending s. 97.026, F.S.; providing rulemaking authority to make forms available in alternative
formats and via the Internet; correct­ ing a cross-reference; amending s. 97.051, F.S.; revising
the oath taken by a person registering to vote; amending s. 97.052, F.S.; requiring that the 
uniform  statewide voter  registration  application be accepted for replacement of a voter
information card and signa­ ture update; revising the information the uniform statewide voter
registration application must contain and must elicit from the appli­ cant; providing for the
failure  of  a voter registration applicant to answer questions on the voter registration
application; amending s. 97.053, F.S.; revising the criteria for completeness of a voter regis­
tration application; specifying the possible valid recipients of a mailed voter registration
application;  revising  the  information needed on a voter registration application to establish an
applicant's eligibility; providing for verification of authenticity of certain voter registration
application information; providing for a provisional bal­ lot to be provided to an applicant if the
application is not verified by a certain date; requiring a voter registration official to enter all
voter registration applications into the voter registration system within a certain time period 
and forward such applications to the supervisor of elections; amending s. 97.0535, F.S.; providing
for applicants who have no valid Florida driver's license, identification card, or social security
number; amending s. 97.055, F.S.; specifying the informa­ tion updates permitted for purposes of an
upcoming election once registration books are closed; amending s. 97.057, F.S.; revising the voter
registration procedure by the Department of Highway Safety and Motor Vehicles; amending s. 97.058,
F.S.; revising  duties  of voter registration agencies; amending s. 97.061, F.S.; revising spe­
cial registration procedures for electors requiring assistance; amending s. 97.071, F.S.;
redesignating the registration  identifica­ tion card as the voter information card; revising the
required con­ tents of the card; deleting provisions relating to the second primary; amending s.
97.073, F.S.; revising the procedure by which an appli­ cant must supply missing information on the
voter registration ap­ plication; revising provisions relating to cancellation of previous reg­
istration; amending s. 97.1031, F.S.; revising provisions relating to notice of change of
residence,  name, or party affiliation; amending


1
CODING:  Words               are deletions; words underlined are additions.

Filed 07/27/12    Page 2 of 26 PagelD 168

 

Ch. 2005-278                          LAWS OF FLORIDA                       Ch. 2005-278

s. 97.105, F.S., relating to establishment of the permanent single registration system, to conform;
amending s. 98.015, F.S.; revising the duties of supervisors of elections; creating s. 98.035,
F.S.; estab­ lishing a statewide voter registration system; requiring the Secre­ tary of State to
be responsible for the implementation, operation, and maintenance of the system; prohibiting the
department from contracting with any other entity to operate the system; authorizing the department
to adopt rules relating to the access, use, and opera­ tion of the system; amending s. 98.045,
F.S.; revising provisions relating to administration of voter registration; providing for the
responsibility of such administration to be undertaken by the de­ partment in lieu of supervisors
of elections; specifying ineligibility criteria; revising provisions relating to removal of
registered voters; revising provisions relating to public records access and retention; providing
for the establishment of a statewide electronic database of valid residential street addresses;
authorizing the department to adopt rules relating to certain voter registration system forms;
amending s. 98.065, F.S.; revising provisions relating to registration records maintenance;
providing for change of address; providing limitations on notice and renewal; requiring supervisors
of elections to certify to the department certain list maintenance activities; pro­ viding
penalties; amending s. 98.075, F.S.; providing for registration records maintenance by the
department; providing procedures in cases involving duplicate registration, deceased persons,
adjudica­ tion of mental incapacity, felony conviction, and other bases for ineligibility;
providing procedures for removal; requiring supervi­ sors of elections to certify to the department
certain registration records maintenance activities; creating s. 98.0755, F.S.; providing for
appeal of a determination of ineligibility; providing for jurisdic­ tion, burden of proof, and
trial costs; amending s. 98.077, F.S.; revis­ ing provisions relating to updating a voter's
signature; amending s. 98.081, F.S., relating to removal of names from the statewide voter
registration system, to conform; deleting provisions relating to the second primary; amending s.
98.093, F.S.; revising the duty of offi­ cials to furnish lists of deceased persons, persons
adjudicated men­ tally incapacitated, and persons convicted of a felony; creating 98.0981, F.S.;
requiring the department to furnish certain voter information to the Legislature; amending s.
98.212, F.S., relating to furnishing of statistical and other information, to conform; amend­ ing
s. 98.461, F.S.; authorizing use of an electronic database as a precinct register and use of an
electronic device for voter signatures and witness initials; amending s. 100.371, F.S.; revising
the proce­ dure by which constitutional amendments proposed by initiative shall be placed on the
ballot; amending s. 101.001, F.S.; revising requirements of supervisors relating to precincts and
precinct boundaries; providing exceptions; amending s. 101.043, F.S.; revis­ ing requirements and
procedures relating to identification required at polls; amending s. 101.045, F.S., relating to
provisions for resi­ dence or name change at the polls, to conform; amending s. 101.048, F.S.,
relating to provisional ballots, to conform; amending s. 101.161, F.S.; conforming a
cross-reference; amending s. 101.56062, F.S., re-


2
CODING: Words striekea are deletions; words underlined are additions.


Case 8:12-cv-01294-JDW-MAP    Document 22-2

Filed 07/27/12    Page 3 of 26 PagelD 169

 

 


Ch. 2005-278                          LAWS OF FLORIDA                       Ch. 2005-278

 

 


Ch. 2005-278

 

 


LAWS OF FLORIDA

 

 


Ch. 2005-278

 

 

 


lating to standards for accessible voting systems, to conform; amend­ ing s. 101.5608, F.S.;
revising a provision relating to an elector's signature provided with identification prior to
voting; creating s. 101.573, F.S.; requiring supervisors of elections to file precinct-level
election results; requiring the Department of State to adopt rules; amending s. 101.62, F.S.;
conforming a cross-reference; amending ss. 101.64 and 101.657, F.S.; requiring that the supervisor
of elec­ tions indicate on each absentee or early voted ballot the precinct of the voter; amending
s. 101.663, F.S., relating to change of residence, to conform; amending s. 101.6921, F.S., relating
to delivery of special absentee ballots to certain first-time voters, to conform; amending
s. 101.6923, F.S., relating to special absentee ballot instructions for certain first-time voters,
to conform; amending s. 102.012, F.S., re­ lating to conduct of elections by inspectors and clerks,
to conform; amending s. 104.013, F.S., relating to unauthorized use, possession, or destruction of
voter information cards, to conform; amending s. 106.0705, F.S.; providing for the timely filing of
certain reports; amending s. 106.08; providing for contribution limits to statewide candidates;
amending s. 106.33, F.S.; increasing certain contribu­ tion limits; amending s. 106.34, F.S.;
revising provisions relating to certain candidate expenditure limits; providing a definition;
amend­ ing s. 196.141, F.S., relating to homestead exemptions and duties of property appraisers, to
conform; amending s. 120.54, F.S.; including certain rules pertaining to the Florida Election Code 
within the definition of emergency rules governing public health, safety, or welfare; amending s.
99.061, F.S.; providing the method of qualify­ ing for nomination to the office of the state
attorney or public de­ fender; amending s. 322.142, F.S.; providing for disclosure of certain
confidential driver's license information to the department under certain circumstances; malting it
a third-degree felony to participate in certain exchanges associated with voting by absentee
ballot; re­ pealing s. 104.047(1), F.S., relating to criminal penalties for partici­ pation in
certain exchanges associated with voting by absentee bal­ lot; repealing s. 98.055, F.S., relating
to registration list mainte­ nance forms; repealing s. 98.095, F.S., relating to county registers
open to inspection and copies; repealing s. 98.0977, F.S., relating to the statewide voter
registration database and its operation and maintenance; repealing s. 98.0979, F.S., relating to
inspection of the statewide voter registration; repealing s. 98.101, F.S., relating to
specifications for permanent registration binders, files, and forms; repealing s. 98.181, F.S.,
relating to duty of the supervisor of elec­ tions to malte up indexes or records; repealing s.
98.231, F.S., relat­ ing to duty of the supervisor of elections to furnish the department the
number of registered electors; repealing s. 98.451, F.S., relating to automation in processing
registration data; repealing s. 98.481, F.S., relating to challenges to electors; repealing s.
101.635, F.S., relating to distribution of blocks of printed ballots; providing effec­ tive dates.

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

3
CODING:  Words              are deletions; words underlined are additions.

 

 

 

Section 1.  Subsections (1), (2), and (11) of section 97.012, Florida Stat­ utes, are amended, and
subsection (14) is added to that section, to read:
97.012 Secretary of State as chief election officer.-The Secretary of State is the chief election
officer of the state, and it is his or her responsibil­ ity to:
(1) Obtain and maintain uniformity in the a11plieatiea, 9Jl9Htiea, am!. interpretation and
implementation of the election laws. In order to obtain and maintain uniformity in the
interoretation and implementation of the elections laws. the Department of State may. pursuant to
ss. 1 20.536(1) and 1 20.54. adopt by rule uniform standards for the proper and eauitable inter­
pretation and implementation of the requirements of chapters 97 through 102 and 105 of the Election
Code.
(2) Provide uniform standards for the proper and equitable implementa­ tion of the registration
laws by administrative rule of the Department   of State adopted pursuant to ss. 1 20.536(1) and 1
20.54.
(11)  Create and administer maiBtaiB a statewide voter registration
tern as required by the Help America Vote Act of 2002 llatabase. The secre­ tary may delegate voter
registration duties and records maintenance activi­ ties to voter registration  officials. Any
resoonsibilities  delegated by the sec­ retary shall be performed  in accordance with state and
federal law.
(14) Bring and maintain such actions at law or in eauity bv mandamus or injunction to enforce the
performance of any duties of a county supervisor of elections or any  official  performing  duties 
with  respect  to  chapters  97 through 102 and 105 or to enforce compliance with a rule of the
Deoartment of State adopted to interoret or implement any of those chapters.
(a)   Venue for such actions shall be in the Circuit Court of Leon County.
(bl   When the secretary files an action under this section and not more than 60 days remain before
an election as defined in s. 97.021  or during the  time oeriod after the election and before
certification of the election pursu­ ant to s. 102.112 or s. 102.121. the court. including an
appellate court. shall set an immediate hearing. giving the case priority over other pending cases.
(c)    Prior to filing an  action  to enforce  performance  of the duties of the supervisor of
elections or any official described in this subsection. the secre­ tary or his or her designee
first must confer. or must malte a  good-faith attempt to confer. with  the supervisor  of
elections or the official to ensure compliance with chapters 97 through 102 and 105 or the rules of
the Depart­ ment  of State adopted under  any of those chapters.
Section 2. Subsection (13) of section 97.021, Florida Statutes, is amended, present subsections
(38) and (39) are renumbered as subsections
(39) and (40), respectively, and a new subsection (38) is added to that section, to read:
97.021 Definitions.-For the purposes of this code, except where the con­ text clearly indicates
otherwise, the term:

4
CODING:  Words              are deletions; words underlined are additions.


Case 8:12-cv-01294-JDW-MAP    Document 22-2

 


Ch. 2005-278                          LAWS OF FLORIDA                        Ch. 2005-278

(13)   "Lists of registered electorsn means names and associated informa­
llim GBf!ies ef 11:r:iated lists of registered electors maintained by the deoart­ ment in the
statewide voter registration system or generated or derived from the  statewide  voter  
registration   system.  Lists  may  be  produced   in printed or electronic format  Gem11uteF
tBJ1es BF disks, er   otaeF de>iice ased by the swpeFl<iseF ef elelltiens te maiatain ueteF
FeGBFds.
(38) "Voter registration official" means any supervisor of elections or individual authorized by
the Secretarv of State to accept voter registration applications and execute updates to the
statewide voter registration system.
Section 3.   Section 97.026, Florida Statutes, is amended to read:
97.026 Forms to be available in alternative formats and via the lnter­ net.-lt is the intent of the
Legislature that all forms required to be used in chapters 97-106 shall be made available upon
request, in alternative formats. Such forms shall include absentee ballots as alternative formats
for such ballots become available and the Division of Elections is able to certify systems that
provide them. The department may. pursuant to ss. 1 20.536( 1l  and 1 20.54 adoot ru1es to
administer this section. Whenever possible, such forms, with the exception of absentee ballots,
shall be made available by the Department of State via the Internet. Sections that contain such
forms include, but are not limited to, 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, and 106.087.
Section 4.   Section 97.051, Florida Statutes, is amended to read:
97.051 Oath upon registering.-A person registering to vote must sub­ scribe to the following oath:
"I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United
States and the Constitu­ tion of the State of Florida, that I am qualified to register as an
elector under the Constitution and laws of the State of Florida, and that all information provided 
in this application is true I am a titiaea ef the Uaited States aml. a legal Fesieeat gf
"F!e:r:iea."
Section 5.   Section 97.052, Florida Statutes, is amended to read:
97.052   Uniform statewide voter registration application.-
(1) The department shall prescribe bv....rYJ& a uniform statewide voter registration  application
for use in this state.
(a) The uniform statewide voter registration application must be ac- cepted for any one or more of
the following purposes:
1.  Initial registration.
2.   Change of address.
3.   Change of party affiliation.


5
CODING:  Words eWke& are deletions; words underlined are additions.

Filed 07/27/12    Page 4 of 26 PagelD 170

 


Ch. 2005-278                       LAWS OF FLORIDA                     Ch. 2005-278

4.   Change of name.
5.  Replacement of J! voter information FegistFatiea ideatiiiGatiea card.
6.   Signature uodate.
(b) The department is responsible for printing the uniform statewide voter registration application
and the voter registration application form prescribed by the            Election Assistance
Commission pursuant to M
eral law the Natieaal 17eter RegistFatiea  A ct ef 1993. The applications and forms must be
distributed, upon request, to the following:
1.   Individuals seeking to register to vote or update  a voter   registration record.
2. Individuals or groups conducting voter registration programs. A charge of 1cent per application
shall be assessed on requests for 10,000 or more applications.
3.   The Department of Highway Safety and Motor Vehicles.
4.   Voter registration agencies.
5.   Armed forces recruitment offices.
6.  Qualifying educational institutions.
7.   Supervisors, who must make the applications and forms available in the following manner:
a.   By distributing the applications and forms in their offices to any indi­ vidual or group.
b.   By distributing the applications and forms at other locations desig­ nated by each supervisor.
c.   By mailing the applications and forms to applicants upon the request of the applicant.
(c) The uniform statewide voter registration application may be repro­ duced by any private
individual or group, provided the reproduced applica­ tion is in the same format as the application
prescribed by rule under this section.
(2)   The uniform  statewide voter  registration  application  must be de­ signed to elicit the
following information from the applicant:
(a)   Last. first. and middle         name, including any suffix.
(b)   Date of birth.
(c)   Address of legal residence.
(d)   Mailing address, if different.


6
CODING:  Words             are deletions; words underlined are additions.


Case 8:12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

(e)   County of legal residence.
(Q  A,QdFeSS ef pFepeFt·feF WhiGR tae applisQBt Ras seea gFBDted a R01Be stead el!:emptiea, if aB;Y
ill(g}  Race or ethnicity that best describes the applicant:
1.   American Indian or Alaskan Native.
2.   Asian or Pacific Islander.
3.   Black, not Hispanic.
4.   White, not Hispanic.
5.   Hispanic.
.(g}(hl  State or country of birth.
lli}(i)  Sex.
ill(;j}    Party affiliation.
.ill(k}  Whether the applicant needs assistance in voting.
{kW Name and address where last registered.
ill{mt Last four digits of the applicant's social security number.
{m1(a)    Florida driver's license number or the identification number from a Florida
identification card issued under s. 322.051.
(n) An indication. if applicable that the applicant has not been issued a Florida  driver's 
license  a  Florida  identification  card   or  a  social  security  number.
(o)   Telephone number (optional).
(p)    Signature of applicant under penalty for false swearing pursuant to
s. 104.011, by which the person subscribes to the oath required by s. 3, Art. VI of the State
Constitution and s. 97.051, and swears or affirms that the information contained in the
registration application is true.
(q) Whether the application is being used for initial registration, to up­ date a voter
registration record, or to request a replacement voter informa­ llim FegistFatiea ideatifisatiea
card.
(r) Whether the applicant is a citizen of the United States by asking the question "Are you a
citizen of the United States of America?" and providing boxes for the applicant to check to
indicate whether the applicant is or is not a citizen of the United  States.
(s)   Whether          the applicant has B0t been convicted of a felony  and
0F, if convicted, has had his or her civil rights restored  by  including  the statement "I affirm
I am not a convicted felon or  ifl am  my rights relating

7
CODING: Words sWke& are deletions; words underlined are additions.

Filed 07/27/12   Page 5 of 26 PagelD 171

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

to voting have been restored." and providing a box for the applicant to check to affirm the
statement.
(t) Whether the applicant has Bat been adjudicated mentally inca­ pacitated with respect to voting
or, if so adjudicated, has had his or her right to vote restored by including the statement "I
affirm I have not been adjudi­ cated mentally incapacitated with respect to voting or. ifl have. my
compe­ tency has been restored." and providing a box for the applicant to check to affirm the
statement.

The registration application fGrm must be in plain language and designed so that convicted felons
whose civil rights have been restored and persons who have been adjudicated mentally incapacitated
and have had their vot­ ing rights restored are not required to reveal their prior conviction or
adjudi­ cation.
(3) The uniform statewide voter registration application must also con­ tain:
(a) The oath required by s. 3, Art. VI of the State Constitution and s. 97.051.
(b)   A statement specifying each eligibility requirement under s. 97.041.
(c) The penalties provided in s. 104.011 for false swearing in connection with voter registration.
(d) A statement that, if an applicant declines to register to vote, the fact that the applicant has
declined to register will remain confidential and may be used only for voter registration purposes.
(e) A statement that informs the applicant who chooses to register to vote or update a voter
registration record that the office at which the applicant submits a voter registration application
or updates a voter registration record will remain confidential and may be used only for voter
registration purposes.
(Q    A  statemeat that iafeFIBS tae applisaat that        peFSQB "'RQ aas seea gFanted a aemestead
el!:elBJltiea ia this state, and "'Re FegisteFS te "ete in aay pFeGiaGt etheF thaa the eae ia
"'RiGa the JIFepeJ'i¥ fer vizRish the aeme stead el!:emptiea li,as seea grimted, saall. aaue that
iafeF1Batiea fel'Vl•aFded te the prepe:rty &JIJIFaiSeF "'-heFe SQGR prepeFty is lesated, ".isR may
Fesalt ia the peFSea's RelBeStead el!:emptiea semg teRBiaated aad the Jl8FS0B Being sahjest te
assessmeat  ef sask taes nnder  s   193 OQ:l,  anless the aemestead graated the el!:8111J1tiea  is
seing maiataiaed  as the peF1Baneat residease  ef a legal 9F aataral depeadeat ef tae 9WDeF aad the
QVl:<DeF FeSides elsemaere
ill(g} A statement informing an the applicant who has not been issued a Florida  driver's  license 
a  Florida  identification  card. or  a  social  security number that if the application fGrm is
submitted by mail and the applicant is registering for the first time in this state the applicant
will be required to provide identification prior to voting the first time.

8
CODING: Words              are deletions; words underlined are additions.


Case 8:12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                          LAWS OF FLORIDA                       Ch. 2005-278

(4) A supervisor may produce a voter registration application that has the supervisor's direct
mailing address if the department has reviewed the application and determined that it is
substantially the same as the uniform statewide voter registration application.
(5)   The voter registration  application form prescribed  by the
Election Assistance Commission pursuant to federal law tae Naii11Ral "eter Registratiea <\Gt ef
1993 or the federal postcard application must be accepted as an application for registration in
this state if the completed application or postcard application contains the information required
by the constitu­ tion and laws of this state.
(6) If a voter registration applicant fails to proyide any of the required information on the voter
registration application form the suoervisor shall notify the applicant of the failure by mail
within 5 business days after the suoervisor has the information available in the voter registration
system. The applicant shall have an opportunity to complete the application form to vote in the
next election up until the book closing for that next election.
Section 6.   Section 97.053, Florida Statutes, is amended to read:
97.053   Acceptance of voter registration applications.-
(1)  Voter registration applications, changes in registration, and requests for a replacement voter
information registratiea iEleatifiGatiea card must be accepted in the office of any supervisor, the
division, a driver license office, a voter registration agency, or an armed forces recruitment
office when hand delivered by the applicant or a third party during the hours that office is open
or when mailed.
(2) A 69mJlleteEI voter registration application is complete and taat 69B taiBs tae iafermatiea
Be60BBIH';Y te estaillish aa BJlJlli6aat's eligil!ility JlaFBll ant te s. 97.041 becomes the
official voter registration record of that appli­ cant when all information necessary to establish
the applicant's eligibilitv pursuant to s. 97.041 is received by a voter registration official and
verified pursuant to subsection (6) tae 8JlJlF9Jlriate BllJleru.iser. Ifthe applicant fails to
complete his or her voter registration application prior to the date of book closing for an
election. then such applicant shall not be eligible to vote  in that election.
(3) The registration date for a valid initial voter registration application that has been hand
delivered is the date that the application is whea re­ ceived by a driver license office, a voter
registration agency, an armed forces recruitment office, the division, or the office of any
supervisor in the state.
(4) The registration date for a valid initial voter registration application that has been mailed
to a driver license office. a voter registration agency. an armed forces recruitment office the
division or the office of any supervi­ sor in the state and bears a clear postmark is the date of
that the postmark. Ifan initial voter registration application that has been mailed does not bear a
postmark or if the postmark is unclear, the registration date is the date the application
registratiea is received by any supervisor or the division, unless it is received within 5 days
after the closing of the books for an


9
CODING:  Words sWkeB are deletions; words underlined are additions.

Filed 07/27/12    Page 6 of 26 PagelD 172

 

Ch. 2005-278                          LAWS OF FLORIDA                       Ch. 2005-278

election, excluding Saturdays, Sundays, and legal holidays, in which case the registration date is
the book-closing date.
(5)(a) A voter registration application is complete if it contains the follow­ ing information
necessary to establish the applicant's eligibility pursuant to s. 97.041. including:
1.   The applicant's name.
2.   The applicant's legal residence address.
3.   The applicant's date of birth.
4.   A mark in the checkbox affirming J..a iaElieaiiea that the applicant is a citizen of the
United States.
5.JL. The applicant's current and valid Florida driver's license number Qr:; the identification
number from a Florida identification card issued under s. 322.051, or
b. If the applicant has not been issued a cuuent and valid Florida driv­ er's license or a Florida
identification card. the last four digits of the appli­ cant's social security number.

In case an applicant has not been issued a current and valid Florida driver's license. Florida
identification card. or social security number. the applicant shall affirm this fact in the manner
prescribed in the uniform   statewide voter registration application.
6. A mark in the checkbox affirming "a ill.cliGaiiea that the applicant has not been convicted of a
felony or that, if convicted, has had his or her civil rights  restored.
7. A mark in the checkbox affirming "a iaEiiGatieB that the applicant has not been adjudicated
mentally incapacitated with respect to voting or that, if so adjudicated, has had his or her right
to vote restored.
8.   The original signature or a diIDtal  signature transmitted  by  the De­ partment of Highway
Safety and Motor Vehicles of the applicant  swearing or affirming under the penalty for false
swearing pursuant to s. 104.011 that the information contained in the registration  application  is
true and sub­ scribing to the oath required by s. 3, Art. VI of the State Constitution and s.
97.051.
(b) An applicant who fails to designate party affiliation must be regis­ tered without party
affiliation. The supervisor must notify the voter by mail that the voter has been registered
without party affiliation and that the voter may change party affiliation as provided in s.
97.1031.
(6)  A voter  registration  application may be accepted  as valid  only after the department has
verified the authenticity or nonexistence of the driver's license number. the Florida
identification  card  number. or the  last four digits of the social security number provided by
the applicant. Ifa completed


10
CODING: Words sWkeB are deletions; words underlined are additions.


Case 8:12-cv-01294-JDW-MAP    Document 22-2

 

Cb. 2005-278                          LAWS OF FLORIDA                       Cb. 2005-278

voter registration application has been received by the book-closing deadline but the driver's
license number   the Florida identification  card number   or the last four digits of the social
security number provided by the applicant cannot be verified prior to the applicant presenting
himself or herself to vote. the applicant shall be provided a provisional ballot. The provisional
ballot shall be counted only if the application is verified by the end of the canvass­ ing period
or if the annlicant presents evidence to the supervisor of elections sufficient to verify the
authenticitv of the driver's license number   Florida identification  card number. or last four
digits of the social security number provided  on the application  no later than  5 p.m. of the
third day following the election.
(7) All voter registration  applications  received  by  a voter  registration official shall be
entered into the statewide voter registration system within 1 5 days after receipt. Once entered.
the application shall be immediately forwarded to the appropriate sunervisor of elections.
Section 7. Subsections (1), (2), and (3) of section 97.0535, Florida Stat­ utes, are amended to
read:
97.0535   Special requirements for certain applicants.-
(1)   Each applicant who registers by mail and who has never previously voted in the state and who
the department has verified  has not been issued a current  and valid  Florida  driver's license  
Florida  identification  card   or social security number            shall be required to provide a
copy of a current and valid identification, as provided in subsection (3), or indicate that he or
she is exempt from the requirements  prior to voting. Such 'Ille  8f1PH6ant mfi¥ JIFD"iee the
identification or indication may be provided at the time of registering,  or at any time prior to
voting for the first time  in  the 68YBty.  If the voter  registration  application  clearly 
provides  information from which a voter registration  official the supel"<iser can determine that
the applicant  meets  at least one of the exemptions in  subsection (4), the voter registration
official supePJiser shall make the notation on the registra­ tion records  of the statewide voter 
registration  system and the applicant shall not be required to provide the identification 
reouired  by this section further infermatiea that is relflliree ef first time "eters·v-he register
     mail.
(2) The voter registration official supel"<iser ef eleetieas shall, upon ac­ cepting the voter
registration application submitted pursuant to subsection illfar an &flPHGant whe registered. b;)r
mail and. "'De haB aet pre><ieusly "etee iR the eerm, determine if the applicant provided the
required identification at the time ofregistering. Ifthe required identification was not provided,
the supervisor shall notify the applicant that he or she must provide the identifi­ cation prior to
voting the first time in the state             ·
(3Xa) The following forms of identification shall be considered  current and valid ifthey contain
the name and photograph of the applicant and have not expired:
1.    eriea 11.rWer's lieease.


11
CODING:  Words stAekea are deletions; words underlined  are additions.

Filed 07/27/12   Page 7 of 26 PagelD 173

 

Cb. 2005-278                          LAWS OF FLORIDA                       Cb. 2005-278

2       arid.a ieeatifieatiea  eare issued. by the I>epartmeat  ef Hig.W"ay Safety and. Meter
Vehieles.
L United States passport.
4..   Employee badge or identification.
Q.,&.  Buyer's club identification.
!,.9.  Debit or credit card. fh Military identification. jh&. Student identification.
L.9.  Retirement center identification.
-lo. Neighborhood association identification. 11,    Eatertaiameat  ieeatifieatiea
-12.   Public assistance identification.
(b) The following forms of identification shall be considered current and valid if they contain the
name and current residence address of the appli­ cant:
1.   Utility bill.
2.   Bank statement.
3.   Government check.
4.   Paycheck.
5.   Other government document (excluding voter identification card).
Section 8.   Subsection (1) of section 97.055, Florida Statutes, is amended to read:
97.055  Registration books; when closed for an election.-
(1) The registration books must be closed on the 29th day before each election and must remain
closed until after that election. If an election is called and there are fewer than 29 days before
that election, the registration books must be closed immediately. When the registration books are
closed for an election, only  updates  to  a  voter's  name.  address.  and   signature pursuant to
ss. 98.077 and 101.045 will be oormitted for  purnoses of the upcoming election. Voter registration
applications and party changes must be accepted but only for the purpose of subsequent elections.
However, party changes received between the book-closing date of the first primary election and the
date of the second primary election are not effective until after the second primary election.
Section 9.   Section 97.057, Florida Statutes, is amended to read:

12
CODING:  Words              are deletions; words underlined are additions.


Case 8:12-cv-01294-JDW-MAP    Document 22-2

 

Cb. 2005-278                         LAWS OF FLORIDA                        Cb. 2005-278

97.057 Voter registration by the Department of Highway Safety and Motor Vehicles.-
( 1)  The Department of Highway Safety and Motor Vehicles shall provide the opportunity to register
to vote or to update a voter registration record to each individual who comes to an office of that
department to:
(a)   Apply for or renew a driver's license;
(b)    Apply for or renew an identification card pursuant to chapter 322; or
(c) Change an address on an existing driver's license or identification card.
(2)   The Department of Highway Safety and Motor Vehicles shall:
(a)   Notify each individual, orally or in writing, that:
1. Information gathered for the completion of a driver's license or identi­ fication card
application, renewal, or change of address can be automatically transferred  to a voter
registration  application;
2. Ifadditional information and a signature are provided, the voter regis­ tration application will
be completed and sent to the proper election author­ ity;
3. Information provided can also be used to update a voter registration record;
4. All declinations will remain confidential and may be used only for voter registration purposes;
and
5. The particular driver license office in which the person applies to register to vote or updates
a voter registration record will remain confiden­ tial and may be used only for voter registration
purposes.
(b) Require a driver's license examiner to inquire orally, or. if the appli­ cant  is  hearing 
impaired. inquire in writing if the applicant is  heal'ing impaired, aBd whether the applicant
wishes to register to vote or update a voter registration record during the completion of a
driver's license or identi­ fication card application, renewal, or change of address.
1. Ifthe applicant chooses to register to vote or to update a voter registra­ tion record:
a. All applicable information received by the Department of Highway Safety and Motor Vehicles in
the course of filling out the forms necessary under subsection (1) must be transferred to a voter
registration applicationt
b. The additional necessary information must be obtained by the driver's license examiner and must
not duplicate any information already obtained while completing the forms required under subsection
(1).:...aM
c. A voter registration application with all of the applicant's voter regis­ tration information
required to establish the applicant's eligibility pursuant

13
CODING:  Words stAekel> are deletions; words underlined are additions.

Filed 07/27/12    Page 8 of 26 PagelD 174

 

Ch. 2005-278                         LAWS OF FLORIDA                        Cb. 2005-278

to s. 97.041 must be presented to the applicant to review and verify the voter  registration
information received and provide an electronic signature  af­ firming the accuracy of the
information provided siga.
2. If the applicant declines to register to vote, update the applicant's voter registration record,
or change the applicant's address by either orally declining or by failing to sign the voter
registration application, the Depart­ ment of Highway Safety and Motor Vehicles must note such
declination on its records and shall forward the declination to the statewide voter registra­ tion
svstem keep the deslinati9R fur :l years hat mast fu·iml a 68f1:Y llf the WlsigBed "eter
registratieR 3J1plisatisa w-ithia 5 days after ressipt ts the apprspriate BYJ18F1r.issr sf
eleGtieRs.
(3) For the purpose of this section, the Department of Highway Safety and Motor Vehicles, with the
approval of the Department of State, shall prescribe:
(a) A voter registration application that is the same in content, format, and size as the uniform
statewide voter registration application prescribed under s. 97.052; and
(b) A form that will inform applicants under subsection (1) of the infor­ mation contained in
paragraph (2Xa).
(4) The Department of Highway Safety and Motor Vehicles must elec­ tronically transmit fGrwarQ
completed voter registration applications within 24 hours after receipt to the statewide voter
registration system. Completed paper  voter registration  applications  received  by the Department
 of High­ way Safety and Motor Vehicles shall be forwarded within 5 days after re­ ceipt to the
supervisor of the county where the office that  processed  or received that application is located.
(5) The Department of Highway Safety and Motor Vehicles must send, with each driver's license
renewal extension application authorized pursu­ ant to s. 322.18(8), a uniform statewide voter
registration application, the voter registration application prescribed under paragraph (3Xa), or a
voter registration application developed especially for the purposes of this subsec­ tion by the
Department of Highway Safety and Motor Vehicles, with the approval of the Department of State,
which must meet the requirements of s. 97.052.
(6) A person providing voter registration services for a driver license office may not:
(a) Seek to influence an applicant's political preference or party registra­ tion;
(b)   Display any political preference or party allegiance;
(c) Make any statement to an applicant or take any action the purpose or effect of which is to
discourage the applicant from registering to vote; or
(d) Disclose any applicant's voter registration information except as needed for the administration
of voter registration.

14
CODING:  Words stAeke& are deletions; words underlined are additions.


Case 8:12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                        LAWS OF FLORIDA                       Ch. 2005-278

(7) 'I!ae :Deti&l'tmeat ef lligh>"ay Safety BBQ l\lleteF 17ehisles shall G9111flile lists, "by
seYB, ef these  mQiniQaals whese names Ja.a>·e heea IJIH'geQ fFQm its  BR"l!F'S  lisease  QBtahase 
hesBQSe  they  haue  heeB  liseaseQ  iB  BBetheF
state BBQ shall til'9'<iQe these lists BPnnall3·te the Bllfl1'91ll'iate SQllerNiseFs
The Department of Highway Safety and Motor Vehicles shall col­ lect data determined necessary by
the Department of State for program evaluation and reporting to the ¥elleFal Election Assistance
Commission
pursuant to federal law the NatieBal 1lateF RegistFatieB A gt ef 1993.
(fil(9) The Department of Highway Safety and Motor Vehicles must en­ sure that all voter
registration services provided by driver license offices are in compliance with the Voting Rights
Act of 1965.
(9)   The Department of Highway Safety and Motor Vehicles shall retain
complete records of voter registration information received. processed and submitted to the
statewide voter registration  system by the Department  of Highway Safety and Motor Vehicles. These
records shall be for the exnlicit purpose of supporting audit and accounting controls established
to ensure accurate and complete electronic transmission of records between the state­ wide voter
registration system and the Department of Highway Safety and Motor Vehicles.
(10) The department shall proyide the Department of Highway Safety and Motor Vehicles with an
electronic database of street addresses valid for
use as the legal residence  address as required  in s. 97.053(5). The Denart­
ment of Highway Safetv and Motor Vehicles shall compare the acidress provided by the applicant
against the database of valid street addresses. If the address provided by the aoolicant does not
match a valid street address in the database the applicant will be asked to verify the address
provided. The Department of Highway Safety and Motor Vehicles shall not reiect any application for
voter registration for which a valid match cannot be made.
(11) The Department of Highway Safety and Motor Vehicles shall enter into an agreement with the
department to match information in the state­ wide voter registration system with information in
the database of the De­ partment of Highway Safety and Motor Vehicles to the extent reauired to
verify the accuracy of the driver's license number. Florida identification number. or last four
digits of the social security number provided on applica­ tions for voter registration as required
in s. 97.053.

(12)   The Department of Highway  Safety and Motor Vehicles shall enter into an agreement with the
Commissioner of Social Security as required by
the Help America Vote Act of 2002 to verify the last four digits of the social security number
provided in aoplications for voter registration as required in s. 97.053.
Section 10. Subsections (6), (7), and (9) of section 97.058, Florida Stat­ utes, are amended  to
read:
97.058  Voter registration agencies.-
(6)   A voter registration agency must forward all completed and incom­
plfil& voter registration applications within 5 days after receipt to the super-


15
CODING:  Words sWke& are deletions; words underlined are additions.

Filed 07/27/12    Page 9 of 26 PagelD 175

 

Ch. 2005-278                        LAWS OF FLORIDA                       Ch. 2005-278

visor of the county where the agency that processed or received that applica­ tion is located.
(7)  A voter registration agency must retain declinations for a period of 2 years, during which
time the declinations are not considered a record of the client pursuant to the laws governing the
agency's records. llivueueF, a
•«eteF 1'9giBtFati9B ageasy IB\lSt  fe1"'1·ani a setJy ef eash iBsemtileteQ · teF F9giStFatieB
BlltlHC!ati9B 'll<ithiB 5 QayB afteF Feseitit te the BtJIJF9tJRate SQtJeF viseF  ef eleGtieas.
(9) A voter registration agency must collect data determined necessary by the department. as
provided by rule. for program evaluation and report­ ing to the ¥elleFal Election Assistance
Commission pursuant to federal law
the Natieaal'JeteF RegistFatieB  4 st ef 1993.
Section 11.  Section 97.061, Florida Statutes, is amended to read:
97.061   Special registration for electors requiring assistance.-
(1) Any person who is eligible to register and who is unable to read or write or who, because of
some disability, needs assistance in voting shall upon that person's request be registered hy the
SQlleFVMl9F under the proce­ dure prescribed by this section and shall be entitled to receive
assistance at the polls under the conditions prescribed by this section. The department may adopt
rules to administer this section.
(2) Ifa person is qualified to register pursuant to this section, the voter  registration official
satieFViseF shall note in that person's registration record that the person needs assistance in
voting.
(3)  The precinct register generated by the supervisor shall contain Fegistel'iag any tieFsea
ll\lFS\lBBt te this sestiea, the SQlleP1·iseF IB\lSt make a notation QB the FegiStFati9B Qggks 81'
1'9GeFQ8 "'hish BF0 QeliueFeQ te the tiells ea elestiea Qay that such person is eligible for
assistance in voting, and the supervisor may issae sash peFBeB a stiesial FegistFatiea
iQeatiiisatiea
make ll seme notation on the voter information FeIBF FegistFatiea iQeatiasatiea card that such
person is eligible for assistance in voting. Such person shall be entitled to receive the
assistance of two election officials or some other person of his or her own choice, other than the
person's employer, the agent of the person's employer, or an officer or agent of the person's
union, without the necessity of executing the "Declaration to Secure Assist­ ance" prescribed in s.
101.051. Such person shall notify the supervisor of any change in his or her condition which makes
it unnecessary for him or her to receive assistance in voting.
Section 12.   Section 97.071, Florida Statutes, is amended to read:
97.071  Voter information RegistFatiea iQeatiasatiea card.-
(1) A voter information FegistFatiea iQeBtiasatiea card shall m\l8t be furnished by the supervisor
to all registered voters residing in the supervi­ sor's county. The card 1'9gistel'iag nnQeF the
tieFmaaeat single FegistFatiea system anQ must contain:


16
CODING: Words sHiekea are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 


Ch. 2005-278                       LAWS OF FLORIDA                     Ch. 2005-278

(a)   Voter's registration number.
(b)   Date of registration.
(c)   Full name.
(d)   Party affiliation.
(e)  Date of birth.
(0   RaGe eF etb·:iiGity, if JIFevieee liy the a1111liGaat.
(g)  Selli, if JIF9'Qeee liy the aJlJlHGant ffi(hl   Address of legal residence.
{glW   Precinct number.
iliXff   Name of supervisor and contact information  of supervisor.
(k}   I!laGe f9F "eteF's sigBatuFe.
illQ}  Other information deemed necessary by the supervisor ee)llH'iment.
(2) A voter may receive a replacement voter information ef a FegistFatien ieentifiGatien card by
providing a signed, written request for a replacement card to a voter registration official the
SQ)lel"IQSeF. Upon verification ofregis­ tration, the supervisor shall issue the voter a duplicate
card without charge.
(3) In the case of a change of name, address, or party affiliation, the supervisor fill!!ll must
issue the voter a new Voter information FegistFatien ieenti:l'iGatien card. However, a voter
information FegistFatieB ieeBtifiGatien card indicating a party affiliation  change made between
the book-dosing date for the fiR!t primary election and the date of the B9G9Bd primary election may
not be issued until after the 88G8Bli primary election.
Section 13.   Section 97.073, Florida Statutes, is amended to read:
97.073 Disposition of voter registration applications; cancellation no­ tice.-
(1) The supervisor must notify each applicant of the disposition of the applicant's voter
registration application. The notice must inform the appli­ cant that the application has been
approved, is incomplete, has been denied, or is a duplicate of a current registration. A voter
information FegistFatien ieeBtifiGati9B card sent to an applicant constitutes notice of approval of
registration. If the application is incomplete, the supervisor must request that the applicant
supply the missing information using a voter registration application signed by the applicant
inwiting aae sigB a statement that the aeeitienal iMeF1BatieB is we and eel'Fl!Gt. A notice of
denial must inform the applicant of the reason the application was denied.
(2) Within 2 weeks after approval of a voter registration application that indicates that the
applicant was previously registered in another statejuris­ aietieB, the department sajlel"l>iseF
must notify the registration official in

17
CODING:  Words              are deletions; words underlined are additions.

Filed 07/27/12    Page 10 of 26 PagelD 176

 


Ch. 2005-278                          LAWS OF FLORIDA                       Ch. 2005-278

the prior statejwisEliGtien  that the applicant is now registered in this state
the sa11eF\ti.seF's G9Wlty.
Section 14.    Section 97.1031, Florida Statutes, is amended to read: 97.1031   Notice of change
ofresidence "Qthin the same Gel!Bty, change of
name, or change of party affiliation.-
(!) When an elector moves from the address named on that person's voter registration record to
another address within the same county, the elector must provide notification of such move to the
supervisor of elections of that county. The elector may provide the supervisor a signed, written
notice or may notify the supervisor by telephone or electronic means. However, notifi­ cation of
such move other than by signed, written notice must include the
elector's date of birth. An elector may also provide notification to other voter
recistration officials as provided in subsection (2). Avoter information l'egis­ tFatien
ieaatifiGatiea card reflecting the new information aeeFess ef legal residenee shall be issued to
the elector as provided in subsection          -
(2) When an elector moves from the address named on that person's voter registration record to
another address in a different county but within the state. the elector seeks to change party
affiliation. or the name of an elector is changed by marriage or other legal process, the elector
shall masi provide notice a signeEI, written aetifiGatiea of such change to a voter  registration
official using a voter registration annlication signed by the elector. A voter information the
sllJleFviser and elitain a Fegistratien  ieentifieatiea card re­ flecting the new information sha}l
be issued to the  elector as provided in subsection (3) Bam0.
(3) When an eleGter seeks te llhange 11aFty afl'iliatien, the eleGteF mast jlF9'liee a sigaee,
written netifiGatien ef saeh iBtent te the sa)leF1r;iser and elitain a FegistratieB ie9BtifiGati9B
GaFQ Feileeting the new party affiliatien, sali.ieet te the iss\laBGe FestriGtien iB s  97 071(3}
Q}(4} The voter registration official sa)l8F\>iser shall make the necessary changes in the
elector's records as soon as practical upon receipt of such notice of a change of address of legal
residence, name, or party affiliation The supervisor of elections aa4 shall issue the new voter
information l'egis­ tratien ieentifieatien card  as re11\lil'ee liy s  97.071(3).
Section 15.  Section 97.105, Florida Statutes, is amended to read:
97.105 Permanent  single registration   system  established.-A  perma­ nent single registration
system for the registration of electors to qualify them to vote in all elections is provided for
the several counties and munici­ palities. This system shall be put into use by all municipalities
and shall be in lieu of any other system of municipal registration. Electors shall be regis­ tered
pursuant to iB jllH'saaaee ef this system by a voter registration official the sapel'\ti.ser er liy
a eeJl\lty SQ)lel"lr;iser, and electors registered shall not thereafter be required to register or
reregister except as provided by law.
Section 16. Subsections (3), (10), and (11) of section 98.015, Florida Stat­ utes, are amended, and
subsection (12) is added to that section, to read:

18
CODING: Words st.Reke& are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                       LAWS OF FLORIDA                     Ch. 2005-278

98.015 Supervisor of elections; election, tenure of office, compensation, custody of books, office
hours, successor, seal; appointment of deputy super­ visors;   duties.-
(3) The supervisor shall uodate voter registration information enter new voter registrations into
the statewide voter registration system. and act as is the official custodian of documents receiyed
by the supervisor related to the registration of electors and changes in voter registration status
of elec­ tors of the supervisor's county tae Fegistl:atiea lleeks aae aae tae e!'elasi>•e eeatFel
ef mattel'll Jleltaiaing te Fegistl:atiea ef eleet91'1l.
(10) Each supervisor §hlill  ensure that all voter registration and list maintenance procedures
conducted by such supervisor are in compliance with any applicable requirements prescribed by  rule
 of  the  department
through  the statewide voter  registration  system  or prescribed  by
eennt¥ nneer the Voting Rights Act of 1965. the National Voter Registration Act of 1 993. or the
Help America Vote Act of 2002.
(11)   Each  supervisor  shall  ensure  that  any  voter  registration   system used by the
supervisor for administering his or her duties as a voter registra­ tion official complies with the
specifications and procedures  established by rule  of the department  and  the  statewide voter 
registration system EaeR SYJler1<iser ef eleetieas saall fer1"are te tile JlreJlerl;y aJlJlraiser
fer tae eeanty ia Waiea the R9m.esteaG is lllaimee the aame ef the Jlel'll9R aDQ the aGGFeSS ef
tile aem.esteae ef eaea }lersea WD9 registers te "9te at aD aeeresS ether thaa taat at wllieh the
Jlersea elaims a aemesteae el'em}ltiea, as eiselesee ea the aniferm statl!'l1<iee 0eter 
registl:atiea a1111lieatiea llYl'llaaat t9 s
.
(12)   Each supervisor shall maintain a list ofvalid residential street ad­ dresses for purposes of
verifying the legal addresses of voters residing in the supervisor's county. The supervisor shall
make all reasonable  efforts to coordinate with county 911 service providers. property  
appraisers. the United States Postal Service or other agencies as necessary to ensure the continued
accuracy of such list. The supervisor shall provide the list of valid residential addresses to the
statewide voter registration system in the man­ ner and frequency specified by rule of the
department.
Section 17.   Section 98.035, Florida Statutes, is created to read:
98.035    Statewide voter registration  system: implementation. operation.  and    maintenance.-
( 1) The Secretary of State. as chief election officer of the state. shall be responsible for
implementing. operating. and maintaining in a uniform and nondiscriminatory  manner   a single.
uniform   official   centralized   interac­ tive. computerized  statewide voter  registration 
system  as required by the Help America Vote Act of 2002. The department may adopt rules to
adminis­ ter this section.
(2)   The statewide voter registration system must contain the name and registration  information
of every legally registered voter in the state. All voters shall be assigned a unique identifier.
The system shall be the official


19
CODING:  Words              are deletions; words underlined are additions.

Filed 07/27/12   Page 11 of 26 PagelD 177

 

Ch. 2005-278                          LAWS OF FLORIDA                       Ch. 2005-278

list  of  registered  voters  in  the  state  and  shall  provide  secured  access by authorized
voter registration officials. The system shall enable voter regis­ tration officials to provide 
access.  and uodate voter  registration  informa­ tion.
(3) The department may not contract with any other entity for the opera­ tion of the statewide
voter registration system.
(4)    The implementation  of the statewide voter registration  system shall not prevent any
supervisor  of  elections  from  acquiring,   maintaining,  or using  any  hardware  or  software 
necessary  or  desirable  to  carry  out  the supervisor's responsibilities related to the use of
voter registration informa­ tion or  the conduct of elections. provided   that  such hardware  or 
software does not conflict with  the operation of the statewide voter registration  sys­ tem.
(5)  The department may adopt rules governing the access. use  and oper­ ation of the statewide
voter registration system to ensure security   unifor­ mity  and integrity of the system.
Section 18.  Section 98.045, Florida Statutes, is amended to read:
98.045    Administration  of voter registration.-
(1) ELIGIBILITY  OF APPLICANT.-The EaGR supervisor  must  ensure that any eligible applicant for
voter registration is registered  to vote l!!ld that each application for voter registration is
processed in accordance with law. The  supervisor  shall determine whether  a voter  registration 
applicant
is ineligible based on any of the following:
(a) The failure to complete a voter registration application as specified in s. 97.053.
(b)   The applicant is deceased.
(c) The applicant has been convicted of a felony for which his or her civil rights have not been
restored.
(d) The applicant has been adjudicated mentally incapacitated with re­ spect to the right to vote
and such right has not been  restored.
(e) The applicant does not meet the age requirement pursuant to s. 97.041.
(fl The applicant is not a United States citizen.
(g)   The applicant is a fictitious person.
(h)    The applicant has provided  an address of legal residence that is not his or her legal
residence.
(i) The applicant has provided a driver's license number. Florida identifi­ cation card number. or
the last four digits of a social security number that is not verifiable by the department.


20
CODING:  Words              are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Cb. 2005-278                       LAWS OF FLORIDA                     Cb. 2005-278

(2)   REMOVAL OF REGISTERED VOTERS.-
W  Once a voter is registered, the name of that voter may not be removed from the statewide  voter
registration  system Deeks except at the written request of the voter, by reason of the voter's
conviction of a felony or adjudi­ cation as mentally incapacitated with  respect to voting,  by
death of the voter, or pursuant to a registration list maintenance JIFegFam er ether regis tratiea 
list  maiateaaaee  activity  conducted  pursuant  to  s. 98.065 2!J s. 98.075, er s  98 0977.
Information received by a voter registration official SllJlelViser from an election official in
another         jw:i.seietiea indicating that a
voter in this state the SllJIBFl>iser's ee'IHll?' has registered to vote in that other fill!!&
jw:i.seieiiea shall be considered as a written request from the voter to have the voter's name
removed from the statewide voter registration system li9Bks ef the SllJIBF¥iser's ee.
(3) PUBLIC RECORDS ACCESS AND RETENTION. :Neti•>ithstane iag the pr9\'isieas ef ss 98 095 aae 98
0971, Each supervisor shall maintain for at least 2 years, and make available for public inspection
and copying, all records concerning implementation ofregistration list maintenance pro­ grams and
activities  conducted  pursuant to ss. 98.065 @!l. 98.075;--aaQ
. The records must include lists of the name and address of each person to whom l! aB address
eeefi.rmatil!R fi.aal notice was sent and infor­ mation as to whether each such person responded to
the mailing, but may not include any information that is confidential or exempt from public rec­
ords requirements under this code.
(4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDEN­ TIAL    STREET  ADDRESSES.-
(a)   The  deyartment  sha]l  compile  and  maintl!in  a  statewide  electronic database of valid
residential street addresses from the information provided by the supervisors of elections pursuant
to s. 98.015. The department shall evaluate the information provided by the supervisors of
elections to identify any duplicate addresses and any address that may overlap county bounda­ ries.
(b) The department shall make the statewide database of valid street addresses available to the
Department of Highway Safety and Motor Vehi­ cles as provided  in  s. 97.057(10). The Department 
of Highway  Safety and Motor Vehicles shall use the database for purposes of validating the legal
residential addresses provided in voter registration applications received by the Department of
Highway Safety and Motor Vehicles.
(5)    FORMS.-The department  may prescribe by rule forms necessarv to conduct maintenance  of
records in the statewide voter registration  system.
Section 19. Section 98.065, Florida Statutes, as amended by chapter 2002-281, Laws of Florida, is
amended to read:
98.065   Registration list maintenance programs.-


21
CODING: Words siRekes are deletions; words underlined are additions.

Filed 07/27/12    Page 12 of 26 PagelD 178

 

Cb. 2005-278                          LAWS OF FLORIDA                       Cb. 2005-278

(1) The supervisor must conduct a general registration list maintenance program to protect the
integrity of the electoral process by ensuring the maintenance of accurate and current voter
registration records in the state­ wide voter registration system. The program must be uniform,
nondiscrimi­ natory, and in compliance with the Voting Rights Act of 1965 the National Voter
Registration Act of 1993. and the Help America Vote Act of 2002. As used in this subsection, the
term "nondiscriminatory" applies to and in­ cludes persons with disabilities.
(2) A supervisor must incorporate one or more of the following procedures in the supervisor's
biennial registration list maintenance program under which:
(a) Change-of-address information supplied by the United States Postal Service through its
licensees is used to identify registered voters whose addresses might have changed;
(b) Change-of-address information is identified from returned nonfor­ wardable
return-if-undeliverable mail sent to all registered voters in the county; or
(c) Change-of-address information is identified from returned nonfor­ wardable
return-if-undeliverable address confirmation requests mailed to all registered voters who have not
voted in the last 2 years and who did not make a written request that their registration records be
updated during that  time.
(3)   A registration list maintenance program must be conducted by each supervisor, at a minimum,
in each odd-numbered year and must be com­ pleted not later than 90 days prior to the date of any
federal election. All list maintenance  actions associated  with  each voter must be entered  
tracked and  maintained  in the  statewide voter registration  system.
(4Xa)  Ifthe supervisor receives change-of-address information pursuant  to the activities
conducted in subsection (2). from iurv notices simed by the voter and returned to the courts. from
the Department of Highway Safetv
and Motor Vehicles. or from other sources. which information indicates that the legal address of a
registered voter might have changed. the supervisor shall send by forwardable
return-if-undeliverable  mail an address confirma­ tion notice to the address at which the voter
was last registered. A supervi­ sor  may  also  send  an  address  confirmation  notice  to  any 
voter  who  the supervisor has reason to believe has moved from his or her legal residence.
(b)    The address confirmation  notice shall contain a postage prepaid pre­ addressed return form
on which:
1. If the voter has changed his or her address of le@!residence to a  location outside the state.
the voter sha}l mark that the voter's legal resi­ dence has changed to a location outside the
state. The form shall also include information on how to register in the new state in order to be
eligible to vote. The form must be returned within 30 days after the date of the notice. The
completed form shall constitute a request to be removed from the statewide voter registration
system.


22
CODING: Words siAekeB are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

2.   If the voter has changed  his or her  address of legal residence   to a location inside the
state. the voter shall set forth the undated or corrected address and submit the return form within
30 days after the  date of the notice. The completed form shall constitute a roouest to update the
state­ wide voter registration system with the updated or corrected address infor­ mation.
3. If the voter has not changed his or her address of legal residence as printed on the address
confirmation notice. the voter shall confirm that his or her address oflegal residence has not
changed and submit the form within 30 davs after the date of the notice.
(c) The supervisor must designate as inactive all voters who have been sent an address confirmation
notice and who have not returned the postage prepaid  preaddressed  return form within  30 days or
for which  an address confirmation notice has been returned as undeliverable. Names on the inac­
tive list may not be used to calculate the number of signatures needed  on any petition. A voter on
the inactive list may be restored  to the active list of voters  upon  the  voter  updating  his 
or  her  registration  roouesting  an absentee ballot. or appearing to vote. However. if the voter
does not update his or her voter registration information. request an absentee ballot. or vote by
the second general election  after being placed on the inactive list   the voter's name shall be
removed from the statewide voter registration system and the voter shall be required to reregister
to have his or her name restored to the statewide voter registration   system.
(5) A notice may not be issued pursuant to this section and a voter's name may not be removed from
the statewide voter registration svstem later than 90 days prior to the date of a federal election.
However this section does not preclude the removal of the name of a voter from the statewide voter
regis­ tration system at any time upon the voter's written request. by reason of the
voter's death or µpon a determination of the voter's ineligibility as provided
in s. 98.075(7).
(6Xal No later than July 31 and Januarv 31 of each year. the sunervisor must certify to the
department the list maintenance activities conducted during the first 6 months and the second 6
months of the year resooctively. includin(l the number of address confirmation requests sent the
number of voters designated as inactive. and the number of voters removed from the statewide voter
registration system.
(b) If  based on the certification provided pursuant to paragraph (a) the department determines
that a supervisor has not conducted the list mainte­ nance activities required  by this section.
the department  shall conduct the appropriate list maintenance activities for that county. Failure
to conduct list maintenance activities as reauired in this section constitutes a violation of s.
104.051.AveteF'e aaJBe JBay aet lie F81B9"ea fFeJB the F8gistFatiea ilBBk.s lateF thaa 90 aayi;
pFieF te the !late Bf a feaeFal eleGtiea   He"'9',teF, aeag iB this seGtiea shall pFeGlaae  the
F81B1wal  ef the aaJBe  ef a "eteF fFeJB the "BteF F8gietFatiea ileek.s, at aay tiJBe aaa witheat
pFieF aetiiiGatiea, apBR the "mttea F8qaest ef the "BteF, ily F8aSBB ef Gew<i6ti9B Bf the "BteF ef
a fel91l3', ily FeaSBB Bf aejalii6ati9B Bf the "BteF as JBeatally iRGQ}laGitatea "'ith F8SJle6t


23
CODING: Words siAeloeB are deletions; words underlined are additions.

Filed 07/27/12    Page 13 of 26 PagelD 179

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

tB "Bting, ily F8asBB Bf the death ef the "BteF, BF apBB a deteFmiBatiBB Bf iaeligiilility as
JlFIP<ided iB s, 98 0'.15(3)
(4) If the sapeFViseF F86ei"es Gliange ef addFess iBfeFmatiBB fFeJB the 1Iaited States I"llstal
Sel"<iGe BF its liGeasees BF ffBIB jaFy BBtiGes sigaed ily the "BteF &Be F8tamed tB the Gearts,
wiGli ialiiGates  that;
(a) Tlie ueteF has IBB"eQ n<ithia the SQ}l91"<iSBl°'S 6B\lBty, the S\l}l91"<is9F JBaet Ghimge the
FegietFatiBB F86BFds tB slieiii· the aem addF8ss &Bd JBa8t sead the "BteF a BBtiGe Bf the Ghange
ily feA•aFeaille JBail, iBGladiag a JlBStage JlF8Jlaid JlFSaddF8SSed F8taFR feFm "<ith •nhiGli the
"BteF !Bay "eRfy BF GBFFeGt the addFees iafeFmatiBB

(ii) Tlie "BteF l!.ae IBB"ea Batside the sapel"<iSBF's 6Banty, BF 6BBtaiBs R9 fel""aFdiBg addl'9ss,
the sapeFVieBF shall sead QR addFSes 69BHFmatiea iiaal BBtiGe and FeJB9"e the B81Be 9f the "eteF
fmJB the FegistFatiBB FeGeFd ifthat "BteF  did  aet·
1.  Retam the pestage pFepaia pFeaddFessed F8taFR ffiFm;
:I,  •*11JleaF te "Bte;
3    Cl!.ange tl!.e "eteF's F8gistFatiBa; BF
4    Reqaest BB ailseatee ilallet

daFiag the peFied ilegil'llliDg BB the date v<l!.ea the adeFSss GBBHFmatiea final aetiGe "'as seat
&Bd ealling ea the day afteF tl!.e date ef tl!.e seGead geaeFal eleGtillB theFeafteF.

(5) Tlie sapel"<iseF JBast desigaate as illaGti>•e all ueteFS whe ha"e ileea seat QR aaeFSss
GBBiiFmatiea fiaal aetiGe &Ra "<l!.e haue BBt Fetamed the Jl9Stage JlFS}laid JlFSaddFessed FetaFR
fBFm ntithiB 30 days A netBF QB the iaaGti>•e list JBast lie ail9'"Bd te "ete aad te Gliange tl!.e
"9teF's B81Be eF addFess eflegal FesidllBGB at tl!.e pelle jlaFeaaat te s 101045 N81Bes ea the
iaaGti>.te list JBay aet lie ased te GalGalate the aaJBl!eF ef sigaatw:es aeeded ea  aay petitiBa 
9F the qaQRtit¥ ef "etiag eqaipJBeat  aeeded,
Section 20.   Section 98.075, Florida Statutes, is amended to read: (Substantial rewording of
section. See
s. 98.075. F.S.. for present text.)
98.075 Registration records maintenance activities: ineligibility determi­ nations.-
(1) MAINTENANCE OF RECORDS.-The department shall protect the integrity  of the electoral  process 
by  ensurinfl the maintenance  of accurate and current voter registration records. List maintenance
activities must be uniform. nondiscriminatory. and in compliance with the Voting Rights Act of 1
965 the National Voter Registration Act of 1 993. and the Help America Vote Act of 2002. The
department may adopt by rule uniform standards and procedures to intemret  and  administer this
section.


24
CODING:  Words                 are deletions; words underlinec! are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2006-278                        LAWS OF FWRIDA                     Ch. 2()()5.278

(2)    DUPLICATE    REGISTRATION.- The   department    shall    identify those voters  who are
registered  more than  once or those  applicants whose registration applications would result in
duplicate registrations.  The most recent application shall be deemed an update to the voter
registration rec­ ord.
(3) DECEASED PERSONS.-The department shall identify those regis­ tered voters who are deceased by
comparing information on the lists of deceased persons received from the Department of Health as
provided in s. 98.093. Upon receipt of such information through the statewide voter regis­ tration
svstem   the supervisor shall remove the name of the registered voter.
(4) ADJUDICATION OF MENTAL INCAPACITY.-The department  shall identify those registered  voters who
have been  adjudicated  mentally incapacitated with respect to voting  and  who  have  not  had  
their  voting rights  restored  by  comparing  information  received  from   the clerk of the
circuit court as provided in  s. 98.093. The department   shall review such information and make an
initial determination as to whether the informa­ tion is credible and reliable. If the department
determines that the informa­ tion is credible and reliable the department shall notify the
supervisor and provide a copy of the supporting  documentation indicating the potential
ineligibility of the voter to be registered. Upon receipt of the notice that the department has
made a determination of initial  credibility and reliability. the supervisor shall adhere to the
procedures set forth in subsection (7) prior to the removal of a registered  voter from  the
statewide voter  registration system.
(5)   FELONY CONVICTION.-The department shall identify those reg­ istered voters who have been
convicted of a felony and whose rights have not been restored by comparing information received
from. but not  limited to. a clerk of the circuit court. the Board of Executive Clemency   the
Depart­ ment of Corrections the Department of Law Enforcement    or a United States Attornev's
Office as provided in s. 98.093. The  department shall review such information and make an initial
determination as to whether the information is credible and reliable. If the department determines
that the  information  is  credible  and reliable.  the department shall notify the supervisor and
provide a copy of the supporting documentation indicating the ootential ineligibilitv of the voter
to be registered. Upon receipt of the notice that the department has made a determination of
initial credibility and reliability. the  supervisor shall adhere to the procedures set forth in
subsection (7) prior to the removal of a registered voter's name from the statewide voter
registration system.
(6) OTHER BASES FOR INELIGIBILITY.- If the department or super­ visor receives information other
than from the sources identified in subsec­ tions (2)-(5) that a  registered  voter  does  not 
meet  the  age  requirement pursuant  to s. 97.041. is not a United States citizen is a fictitious
person. or has listed a residence that is not his or her legal residence the supervisor shall
adhere to the Procedures set forth in subsection (7) prior to the removal of a registered voter's
name from the statewide voter registration system.
(7) PROCEDURES FOR REMOVAL.-

25
CODING:  Words              are deletions; words underlined are additions.

Filed 07/27/12    Page 14 of 26 PagelD 180

 

Ch. 2()()5.278                       LAWS OF FWRIDA                     Ch. 2005-278

(a)    If the supervisor  receives  notice  or information  pursuant  to  subsec­ tions (4)-(6).
the supervisor of the county in which the voter is registered shall:
1.   Notify the registered voter of his or her potential  ineligibility by mail within 7 days after
receipt of notice or information. The notice shall include:
a. A statement of the basis for the registered voter's potential ineligibilitv and a copy of any
documentation  upon  which  the potential  ineligibility  is based.
b. A statement that failure to resoond within 30 days after receipt of the notice  may result  in a
determination  of ineligibility  and in removal  of the registered voter's name from the statewide
voter registration system.
c.   A return form that requires the registered voter to admit or deny the accuracy of the
information  underlving the potential ineligibilitv  for pur­ poses of a final determination by the
supervisor.
d.   A statement that  if the voter is denying the accuracy of the informa­ tion underlying the
ootential ineligibility. the voter has a right  to request a hearing for the pumose of determining
eligibility.
e. Instructions for the registered voter to contact the supervisor of elec­ tions of the county in
which the voter is registered if assistance is needed in resolving the matter.
f. Instructions  for  seeking restoration  of  civil rights  following  a  felony conviction if
applicable.
2. Ifthe mailed notice is returned as undeliverable. the supervisor shall publish notice once in a
newspaper of general circulation in the county in which the voter was last registered. The notice 
shall contain the following:
a.  The voter's name and address.
b. A statement that the voter is potentially ineligible to be registered to vote.
c. A statement that failure to respond within 30 days after the notice is published may result in a
determination of ineligibility by the supervisor and removal of the registered voter's name from
the statewide voter regis­ tration  system.
d. An instruction for the voter to contact the supervisor no later than 30 days after the date of
the published notice to receive information regarding the basis for the potential ineligibility and
the procedure to resolve the matter.
e. An instruction to the voter that. if further assistance is needed. the voter  should  contact
the supervisor  of elections of the county in which  the voter is registered.
3.  If a registered voter fails to respond to a notice pursuant to subpara­ graph 1. or
subparagraph 2. the supervisor shall make a final determina-


26
CODING: Words             are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

tion of the voter's eligibility. If the supervisor determines that the voter is ineligible. the
supervisor shall remove the name of the registered voter from the statewide voter registration
system. The  supervisor  shall  notify the registered voter of the supervisor's determination and
action.
4. If a registered voter resoonds to the notice pursuant to subparagraph 1. or subparagraph 2. and
admits the accuracy of the information underlving the potential ineligibility. the supervisor shall
make a final determination of ineligibility and shall remove the voter's name from the statewide
voter registration system. The supervisor shall notify the registered voter of the supervisor's
determination and action.
5. Ifa registered voter responds to the notice issued pursuant to subpara­  graph 1. or
subparagraph 2. and denies  the  accuracy  of the  information underlying the potential
ineligibility but does not reauest  a hearing. the supervisor shall review the evidence and make a
final  determination of eligibility. If such registered voter reauests a hearing. the supervisor
shall
send notice to the registered voter to attend a hearing at a time and place
specified in the notice. Upon hearing all evidence presented at the hearing. the supervisor shall
make  a determination  of eligibility.  If the supervisor determines that the registered voter is
ineligible. the  supervisor shall re­ move the voter's name from the statewide voter  registration
system and notify the registered voter of the suoervisor's determination and action.
(bl    The following shall apply to this subsection:
1. All determinations of eligibility shall be based on a preponderance of the evidence.
2.   All proceedings are exempt from the provisions of chapter 120.
3. Any notice shall be sent to the registered voter by certified mail. return receipt  requested  
or other means  that provides  a verification  of receipt  or shall be published in a newspaper of
general circulation where the voter was last registered. whichever is applicable.
4. The supervisor shall remove the name of any registered voter from the statewide voter
registration system only after the supervisor makes a final determination that the voter is
inelicible to vote.
5. Any voter whose name has been removed from the statewide voter registration svstem pursuant to a
determination of ineligibility may appeal that determination under the proyisions of s. 98.0755.
6. Any voter whose name was removed from the statewide voter registra­ tion system on the basis of
a determination of ineligibilitv who subseauently becomes eligible to vote must reregister in order
to have his or her name restored to the statewide voter registration system.
(8)    CERTIFICATION.-
(a) No later than  July  31 and January  31 of each year  the supervisor shall certify to the
department the activities conducted  pursuant  to  this


27
CODING:  Words              are deletions; words underlined are additions.

Filed 07/27/12    Page 15 of 26 PagelD 181

 

Ch. 2005-278                        LAWS OF FLORIDA                       Ch. 2005-278

section during the first  6  months  and  the  second  6 months  of  the  year. resooctively. The
certification shall include the number of persons to whom notices were sent pursuant  to 
subsection  (7). the number  of persons who resoonded to the notices. the number of notices
returned as undeliverable. the number of notices published in the newspaper the number of hearings
conducted.  and  the number  of persons  removed   from the statewide voter registration systems
and the reasons for such remoya}s.
(b) If.based on the certification provided pursuant to paragraph (a). the department determines
that a supervisor has not satisfied the requirements of this section. the department shall satisfy
the appropriate requirements for that county. Failure to satisfy the reauirements of this  section 
shall constitute a violation of s. 104.051.
Section 21.   Section 98.0755, Florida Statutes, is created to read: 98.0755    Appeal of
determination of ineligibilitv.-Appeal of the supervi­
sor's determination of ineligibility pursuant to s. 98.075(7) may be taken to
the circuit court  in  and  for  the  county  where  the person  was  registered. Notice of appeal
must be filed within the time and in the manner provided by the Florida Rules of Appellate
Procedure and acts as supersedeas. Trial in the circuit court is de novo and governed by the rules
of that court. Unless the person can show that his or her name was  erroneously or illegally
removed from the statewide voter registration  system. or that he or she is indigent. the person
must bear  the costs  of  the  trial  in the  circuit  court. Otherwise  the cost of the appeal
must be paid by the supervisor of elections.
Section 22.   Section 98.077, Florida Statutes, is amended to read:
98.077   Update of voter signature.-
(1) A registered voter may update his or her signature on file in the statewide voter registration
system at any time using a voter registration application submitted to a voter registration
official.
rn The department and Supervisors Slljlel"l<iSer of elections shall include in any correspondence
other than postcard notifications and notices relat­ ing to eligibility sent to a pre>>'iee te
elHlh registered voter information regarding ef the eeaaty the eppertnnity te QflElate his er her
sigaat11re ea A.le at the BYJlel"l<iser!s efl'iee Sy pre><ieiag aetifi.eatiea ef the IHJilit.y te
ee 69 ia any eeHespeaEleaee, ether than pestearEl aetifi.eatieas, seat te the "eter The aetiee
shall aEl><ise when, where, and how to update the voter's signature and shall provide the voter
information on how to obtain a voter registration application fQFm from a voter registration
official which the s11pel"l<iser that can be returned to update the signature.
.(fil Ia aEIElitiea, At least once during each general election year, the su­ pervisor shall
publish in a newspaper of general circulation or other newspa­ per in the county deemed appropriate
by the supervisor a notice specifying when, where, or how a voter can update his or her signature
that is on file and er how a voter can obtain a voter registration application fQFm from ll voter
registration official the s11pel"l<iser to do so.

28
CODING: Words              are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

Filed 07/27/12    Page 16 of 26 PagelD 182

 

 


Ch. 2005-278                       LAWS OF FWRIDA                     Ch. 2(1()5.278

 

 


Ch. 2005-278

 

 


LAWS OF FWRIDA

 

 


Ch. 2005-278

 

 

 

(4) All signature updates for use in verifving absentee and provisional ballots must be received by
the appropriate supervisor of elections no later than the start of the canvassing of absentee
ballots by the canvassing board. The signature on file at the start of the canvass of the absentees
is the signature that shall be used in verifving the signature on the absentee and provisional
ballot certificates.
Section 23.   Section 98.081, Florida Statutes, is amended to read:
98.081   Names  removed  from  the  statewide  voter  registration  system beeks; restrictions on
reregistering; recordkeeping; restoration of  errone­ ously or illegally removed  names.-
(1) Any person who requested that his or her name be removed from the statewide voter registration
system Beek& between the book-closing date of the mlli primary and the date of the  primary may not
register in a different political party until after the date of the lll!GllRll primary election.
(2) When the name of any elector is removed from the statewide voter registration system beeks
pursuant to s. 98.065 l!r:r s. 98.075, er s Qli OQ3, the elector's original registration
application f&rm shall be retained by the supervisor of elections having custody of the application
filed al11hahetiGall3• in the eft'i6e ef the SQfleFl<iser. AB alternatives, registrations removed
from the statewide voter registration svstem beeks may be microfilmed and such microfilms
substituted for the original registration applications f&rms;  or, when voter registration
information, including the voter's signature, is maintained digitally or on electronic, magnetic,
or optic media, such stored information may be substituted  for  the  original  registration 
application f&rm. Such microfilms or stored information shall be retained by the supervi­ sor  of 
elections  having  ia-tAe custody  ef the  s1111erviser. In the event  the original registration 
applications f&rms are microfilmed  or maintained digi­ tally  or on  electronic  or other  media, 
such  originals  may  be  destroyed in accordance with the schedule approved by the Bureau of
Archives and Rec­ ords Management of the Division of Library and Information  Services of  the 
department.
(3) When the name of any elector has been erroneously or illegally re­ moved from the statewide
voter registration system beeks, the name of the elector shall be restored by a voter registration
official the BQfleFl<iser upon satisfactory proof, even though the registration period for that
election is closed.
Section 24.   Section 98.093, Florida Statutes, is amended to read:
98.093 Duty of officials to furnish lists of deceased persons, persons adju­ dicated mentally
incapacitated, and persons convicted of a felony.-
(1) In order to ensure the maintenance of accurate and current voter registration records. it is
necessary for the department to receive certain information from state and federal officials and
entities. The  department and supervisors of elections shall use the information   provided from
the sources in subsection (2) to maintain the voter registration records.


29
CODING:  Words siAel<eB are deletions; words underlined  are additions.

 

 

 

(2) To the maximum extent feasible state and local government agencies shall facilitate provision
of information and access to data to the depart­ ment including, but not limited to databases that
contain reliable criminal records and records of deceased persons. State and local government agen­
cies that provide such  data  shall  do so  without  charge  if  the  direct  cost incurred by
those agencies is not significant.
{fil The Department of Health shall furnish monthly to the department eaGI!. SQfleR'is9F 9f
ele6ti11Rs a list containing the name, address, date of birth, date of death social security number
race, and sex of each deceased person 17 years of age or older whe "'as a resideat ef s116h
SQfleFvisers ll911Biy.
Each clerk of the circuit court shall furnish monthly to the depart­ ment, at least ea6e ea6h
meath, de!P·er te eaGI!. BQfleFl<iser ef ele6tieas a list  of those  persons   who  have   been  
adjudicated   mentally   incapacitated  with respect  to voting during the preceding  calendar 
month   a list of those per­ sons whose mental capacitv with respect  to voting has been restored
during the preceding calendar month    and a list of those persons who have returned signed jury 
notices  during the preceding  months  to the clerk of the circuit court  indicating  a  change  of
 address.  Each  list  shall  include  statmg the name, address, date of birth, race, amt sex. and 
whichever  is available. the Florida driver's license number   Florida identification  card number 
or social security number of each such person Gea•fiGted ef a feleay dllriag the pre6ed iag
6aleadar  meath  whe  mas  a resideat  ef that  SllJleF1<isers  6eimiy,  a list statiag the aame,
address, date ef siFth, ra6e1 and seK ef ea6h persea adj11di 6ated meatally in6apa6itated "<ith
respe6t te "etiag dllriag  the  pre6ediag 6aleadar  meath  whe "'SB a resideat  ef that 
s11peF1<isers  6e, and a list statiag the aame, address, date ef sirtl!., ra6e1 and Bil* ef eaGI!.
p9Fsea       98e meatal 6apaei "<ith respeet te "etiag has seea restered whe mas a resideat 9f that
s11peF1<isers 68\IBty.
Upon receipt of information from the United States Attorney, list­ ing persons convicted of a
felony in federal court, the department shall .l!llll. such information to identify registered
voters or applicants for voter  regis­ tration who may be potentially ineligible based on
information provided in accordance with s. 98.075 immediately ferward s1161!. infermatiea te the
s11peF1<iser ef eleetieas fer the 6erm where the effeader resides.
(d)  The  Department  of  Law  Enforcement  shall  identify  those   oersons who have been
convicted of a felony who apoear in the voter  registration records  supplied by the statewide
voter registration  svstem   in a time and manner that enables the department to meet its
obligations under state and federal law.
(e)    The Board of Executive Clemency shall furnish monthly to the depart­ ment a list of those
persons granted clemency in the preceding month or any updates  to prior records which have
occurred in the preceding month. The list  shall  contain  the  Board  of  Executive  Clemency 
case  number.   name. address.  date of birth.  race.  sex   social  security number.  if 
available   and references to record identifiers assigned by the Department  of Corrections a
unique identifier of each clemency case. and the effective date of clemency of each person.


30
CODING: Words 8iRel<ea are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                         LAWS OF FWRIDA                      Ch. 2005-278

CO The Department of Corrections shall furnish monthly to the depart­ ment a list of those persons
transferred to the Deoartment of Corrections in the preceding month  or any updates  to prior 
records which have occurred in  the preceding month.  The list shall contain  the name.  address.
date of birth. race sex social security number Denartment of Corrections record identification
number. and associated Department  of Law Enforcement fel­ ony conviction record number of each
oerson.
(g) The Department of Highway Safety and Motor Vehicles shall furnish monthly to the department a
list of those persons whose names have been removed from the driver's license database because they
have been licensed in another state. The list shall contain the name address. date of birth. sex.
social security number. and driver's license number of each such person.
(4)    Upea FBeeipt ef any saeh list, the s11pe1:uiseF shall Fem!P;e fi:em the FBgistFatiea beaks
the aame ef          peFsea listed ""'-he is deeeased, eea·iieted  ef a feleay, 9F adjadieated 
meatally  iaeapaeitated  with FBspeet  te ueting,  ."· peFSea w-he has had his 9F heF meatal
eapaeity V1iith FBSpeet te uetiag Fe steFBd 9F ...1i9 has had his 9F heF Fight te vete FBsteFBd
afteF eewiietiea ef a feleay shall be FelflliFBd te FeFBgisteF te ha\•e his 9F h9F aame FesteFBd te
the FBgistFatiea beeks,

Nothing in this section shall limit or restrict the supervisor in his or her duty to remove the
names of        persons from the statewide voter registration system pursuant to s. 98.075(7) based
upon beeks afteF "eRfiea tieB-4 information received from other sources.
Section 25.  Effective August 1, 2006, section 98.0981, Florida Statutes, is created to read:
98.0981 Statewide voter registration database.-Within 75 davs after a general election or within 15
days after all supervisors of elections have undated voter history information. whichever occurs
later the department shall send to the President of the Senate. the Speaker of the House of
Representatives, the Senate Minority Leader and the House Minority Leader a reoort in electronic
format of all voters qualified to vote in the election or primary. The report shall include for
each voter the code used by the department to uniquely identify the voter- all information provided
 in the   uniform   statewide   voter   registration   application   pursuant    to  s. 97.052(2).
except what is specifically identified as confidential  or exempt from public-records requirements:
the date of registration· the representa­ tive district. senatorial district. congressional
district and precinct in which the voter resides· and whether the voter voted at the precinct
location, voted by early vote. voted by absentee ballot attempted to vote by absentee ballot that
was not counted. attempted to vote by  provisional ballot that was not counted, or did not vote.
Section 26.   Section 98.212, Florida Statutes, is amended to read:
98.212 Department and supervisors to furnish statistical and other infor­ mation.-


31
CODING: Words Meke& are deletions; words underlined are additions.

Filed 07/27/12    Page 17 of 26 PagelD 183

 

Ch. 2005-278                        LAWS OF FWRIDA                      Ch. 2005-278

(l)(a)   Upon written request, the department  and  any suoervisor  of the respective  counties
SllJlel'l"iSeFs shall, as promptly as possible,  furnish to recognized public or private
universities and senior colleges within the state, to state or county governmental agencies, and to
recognized political party committees statistical information for the purpose of analyzing election
re­ turns and results.
(b) The department and any suoervisor S1111eF,.iseFs may require reim­ bursement for any part or
all of the actual expenses of supplying any infor­ mation requested under paragraph (a). For the
purposes of this subsection, the department and supervisors may use the services of any research
and statistical personnel that may be supplied.
(c) Lists of names submitted to the department and any supervisor of the respective counties
SllJlel'liiseFB for indication of registration or nonregistra­ tion or of party affiliation shall
be processed at any time at cost, except that in no case shall the charge exceed 10 cents for each
name on which the information is furnished.
(2)   The supervisors shall provide information as requested by the depart­ ment for program
evaluation and reporting to the               Election Assist­
Commission pursuant to federal law the :Natieaal "9t9F RegistFatiea
t ef 1993.
Section 27.   Section 98.461, Florida Statutes, is amended to read:
98.461    Registration  application feFm, precinct register; contents.-
ill A registration application feFm, approved by the Department of State, containing the
information required  in s. 97.052 shall be retained  by  the supervisor  of  elections  of  the 
county  of  the  applicant's  registration  filed alphabetieally ia the eft'iee ef the
SllJlel'liiseF as the masteF list ef eleeteFS ef the eennty. However, the registration a.pplication
f9Fms may be microfilmed and such microfilm mierefilms substituted for the original registration
fil!: plication  ferms;  or,  when  voter  registration   information,  including  the voter's
signature, is maintained digitally or on electronic, magnetic, or optic media, such stored
information may be substituted for the original registra­ tion application feFm. Such microfilms 
or stored information shall be re­ tained  in the custody of the supervisor  of elections  of the
county of the applicant's  registration. In the event the original registration applications ferms
are  microfilmed  or maintained  digitally or on electronic  or other media, such originals may be 
destroyed in accordance with the schedule approved by the Bureau of Archives and Records Management
of the Divi­ sion of Library and Information Services of the Department of State. A&-aa
altemati>•e, the iafaF1BatiBB fi:em the FBgistFatiea faFIB, iaslaEliag the sigaa t1ue, may be
eleetFeffieally FBJIFBdaeed aad steFed as JIF9'iided ia s, 98 451
ill A computer printout or electronic database shall be used  at the polls as a precinct register
iB li911 ef the FBgistFatiea beaks. The precinct register shall contain the date of the election,
the precinct number, and the following information concerning each registered elector: last name,
first name, aad middle name or initial. and suffix; party affiliation; residence address; regis­
tration number; date of birth; sex, if provided;  race, if provided; whether the


32
CODING:  Words               are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

voter needs assistance in voting; and such other additional information as to readily identify the
elector. The precinct register shall also contain a space for the elector's signature and a space
for the initials of the witnessing clerk or inspector or an electronic device may be provided  for
this purpose.
Section 28.  Effective January 1, 2007, section 100.371, Florida Statutes, as amended by section 9
of chapter 2002-281, Laws of Florida, is amended to read:
100.371   Initiatives; procedure for placement on ballot.-
(1) Constitutional amendments proposed by initiative shall be placed on the ballot for the general
election provided the initiative has been filed with aeeW'i:iag in 0Gess af 90 days i'Fem the
e0i:tifieati0a 0f laall0t p0siti.0a lay the Secretary of State no later than Februarv 1of the year
the general election is held. A petition shall be deemed to be filed with the Secretarv of State
uoon the date the secretary determines that the netition has been signed by the constitutionally
required number of electors.
(2) Sueh eei:tifieatinn shall Jae issued mhea the S0eF0t81'3' af State has Fl!eeiued "0Fifieati0a
e0Ftifieat0s i'Fem the SllJl9F1'4B9FS ef 0l0Gti0as iadieating that the Fl!quisite nnmlaeF aad
distFilautiaa  af valid sigaaWr-as af el0et0Fs have Jaaea sulamittad ta and "eFifiad lay the
sup0F1r4s0Fs Enezy sigaatuFS shall Jae dated whea made and shall Jae ualid fuF a peFiad af 4 yeaFs
fullewiag su6h data, pRWided all 0th0F FE1quiF0m0ats af la-w BF9 Gamplied with
The sponsor of an initiative amendment shall, prior to obtaining any signatures, register as a
political committee pursuant to s. 106.03 and submit the text of the proposed amendment to the
Secretary of State, with the form on which the signatures will be affixed, and shall obtain the ap­
proval of the Secretary of State of such form. The Secretary of State shall adopt rules pursuant to
s. 120.54 prescribing the style and requirements of such form. Upon filing with the Secretary of
State, the text of the proposed amendment and all forms filed in connection with this section must,
upon request, be made available in alternative formats.
{ID(4j   Each signature shall be dated when  made and  shall be valid for a period of 4 years
following such date. provided  all other reauirements oflaw are met. The sponsor shall submit
signed and dated forms to the appropriate supervisor of elections for verification as to the number
of registered electors whose valid signatures appear thereon. The supervisor shall promptly verify
the signatures upon payment of the fee required by s. 99.097. The supervisor shall promptly record 
each valid simature in the statewide voter registra­ tion system in the manner prescribed  by the
Secretary of State. 1!pea Gem pletiea af •1eFifieatiea, the s11J1eF1r4s0F shall e1'e6ut0 a
eai:tifieate iRdieatmg the tetal nnmlaeF ef sigaatuFes eheekad,  the aumlaeF ef sigaatUF9s
•1eFified as "alid a.Rd as laeiag efFegisteFSd  eleeteFs, a.Rd the distFilautiea lay GBRgFes sieaal
distFiet This eeFtifieate shall Jae immediately tF&Rsmitted te the See FEltQl'Y af State The
supervisor shall retain the signature forms for at least 1 year following the election in which the
issue appeared on the ballot or until the Division of Elections notifies the supervisors of
elections that the committee which circulated  the petition is no longer seeking to obtain ballot
position.


33
CODING:  Words etFieke& are deletions; words underlined are additions.

Filed 07/27/12    Page 18 of 26 PagelD 184

 

Ch. 2005-278                         LAWS OF FLORIDA                        Ch. 2005-278

The Secretary of State shall determine from the signatures verified by the u0Fifieati9B
60Ftifieat0s FSGl!N•ed i'Fem supervisors of elections and recorded   in   the   statewide  voter  
registration    svstem  the  total  number  of verified  valid  signatures and the distribution  of
such signatures by congres­ sional districts. Upon  a determination  that the requisite  number 
and distri­ bution  of valid  signatures have  been  obtained,  the  secretary shall issue  a
certificate of ballot position  for that proposed  amendment  and shall assign a designating number
 pursuant to s. 101.161.  4   petiti91l  shall Jae deemed te Jae filed  with the SeeFl!taey  ef
State upea  the  date ef the  Feeeipt lay the seeFetaJY af a eeFtifiGata BF eeFtifieates fl.am
supeF1r4seFB ef eleetieRB iadieat iag the petitiea has Jaeea sigaed lay the eeRStitutieaally
FequiFSd nnmlaeF ef eleGt9FS.

{fil(6)(a) Within 45 days after receipt of a proposed revision or amend­ ment to the State
Constitution by initiative petition from the Secretary of State eF, withiR 30 days afteF such
Feeeipt if Feeeipt BGGUFB 120 days aF lass JaeieFS the eleetiaa at which the questi.aa ahati the
ameadmaat will Jae pFSseated, the Financial Impact Estimating Conference shall complete an analysis
and financial impact statement to be placed on the ballot of the estimated increase or decrease in
any revenues or costs to state or local governments resulting from the proposed initiative. The
Financial Impact Estimating Conference shall submit the financial impact statement to the Attorney
General and Secretary of State.
(b)l. The Financial Impact Estimating Conference shall provide an op­ portunity for any proponents
or opponents of the initiative to submit infor­ mation and may solicit information or analysis from
any other entities or agencies, including the Office of Economic and Demographic Research. All
meetings of the Financial Impact Estimating Conference shall be open to the public as provided in
chapter 286.
2. The Financial Impact Estimating Conference is established to review, analyze, and estimate the
financial impact of amendments to or revisions of the State Constitution proposed by initiative.
The Financial Impact Esti­ mating Conference shall consist of four principals: one person from the
Executive Office of the Governor; the coordinator of the Office of Economic and Demographic
Research, or his or her designee; one person from the professional staff of the Senate; and one
person from the professional staff of the House of Representatives. Each principal shall have
appropriate fiscal expertise in the subject matter of the initiative. A Financial Impact Estimat­
ing Conference may be appointed for each initiative.
3.   Principals of the Financial Impact Estimating Conference shall reach a consensus or majority
concurrence on a clear and unambiguous financial impact statement, no more than 75 words in length,
and immediately sub­ mit the statement to the Attorney General. Nothing in this subsection pro­
hibits the Financial Impact Estimating Conference from setting forth a range of potential impacts
in the financial impact statement. Any financial impact statement that a court finds not to be in
accordance with this section shall be remanded solely to the Financial Impact Estimating Conference
for redrafting. The Financial Impact Estimating Conference shall redraft the financial impact
statement within  15 days.


34
CODING:  Words etFiekef> are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Cb. 2005-278                         LAWS OF FLORIDA                       Cb. 20()6.278

4. If the members of the Financial Impact Estimating Conference are unable to agree on the
statement required by this subsection, or if the Supreme Court has rejected the initial submission
by the Financial Impact Estimating Conference and no redraft has been approved by the Supreme Court
by 5 p.m. on the 75th day before the election, the following statement shall appear on the ballot
pursuant to s. 101.161(1): "The financial impact of this measure, if any, cannot be reasonably
determined at this time."
(c) The financial impact statement must be separately contained and be set forth after the ballot
summary as required in s. 101.161(1).
(d)l. Any financial impact statement that the Supreme Court finds not to be in accordance with this
subsection shall be remanded solely to the Financial Impact Estimating Conference for redrafting,
provided the court's advisory opinion is rendered at least 75 days before the election at which the
question of ratifying the amendment will be presented. The Financial Im­ pact Estimating Conference
shall prepare and adopt a revised financial impact statement no later than 5 p.m. on the 15th day
after the date of the court's opinion.
2. If, by 5 p.m. on the 75th day before the election, the Supreme Court has not issued an advisory
opinion on the initial financial impact statement prepared by the Financial Impact Estimating
Conference for an initiative amendment that otherwise meets the legal requirements for ballot
place­ ment, the financial impact statement shall be deemed approved for place­ ment on the ballot.
3. In addition to the financial impact statement required by this subsec­ tion, the Financial
Impact Estimating Conference shall draft an initiative financial information statement. The
initiative financial information state­ ment should describe in greater detail than the financial
impact statement any projected increase or decrease in revenues or costs that the state or local
governments would likely experience if the ballot measure were approved. If appropriate, the
initiative financial information statement may include both estimated dollar amounts and a
description placing the estimated dol­ lar amounts into context. The initiative financial
information statement must include both a summary of not more than 500 words and additional
detailed information that includes the assumptions that were made to de­ velop the financial
impacts, workpapers, and any other information deemed relevant by the Financial Impact Estimating
Conference.
4. The Department of State shall have printed, and shall furnish to each supervisor of elections, a
copy of the summary from the initiative financial information statements. The supervisors shall
have the summary from the initiative financial information statements available at each polling
place and at the main office of the supervisor of elections upon request.
5. The Secretary of State and the Office of Economic and Demographic Research shall make available
on the Internet each initiative financial infor­ mation statement in its entirety. In addition,
each supervisor of elections whose office has a website shall post the summary from each initiative
financial information statement on the website. Each supervisor shall in­ clude the Internet
addresses for the information  statements on the Secre-


35
CODING:  Words eViekeB are deletions; words underlined  are additions.

Filed 07/27/12    Page 19 of 26 PagelD 185

 

Cb. 2005-278                         LAWS OF FLORIDA                       Cb. 2005-278

tary of State's and the Office of Economic and Demographic  Research's websites in the publication
or mailing required by s. 101.20.
iliW7) The Department of State may adopt rules in accordance with s. 120.54 to carry out the
provisions of subsections ill:(fil fl+-00.
Section 29. Subsection (3) of section 101.001, Florida Statutes, is amended to read:
101.001    Precincts and polling places; boundaries.-
(3){fil  Each supervisor of elections shall maintain a suitable map drawn to a scale no smaller
than 3 miles to the inch and clearly delineating all major observable features such as roads,
streams, and railway lines and showing the current geographical boundaries of each precinct,
representa­ tive district, and senatorial district, and other type of district in the county
subject to the elections process in this code.
ili1 The supervisor of elections shall notify the Secretary of State in writ­ ing within 30 days
after Qf any reorganization of precincts and shall furnish a copy of the map showing the current
geographical boundaries and designa­ tion of each new precinct. However. if Precincts are composed
of whole census blocks  the supervisor may furnish. in lieu of a copy of the map  a list. in an
electronic format prescribed by the Department of State   associating each census block in the
county with its precinct.
(c)  Any  precinct  established or altered under  the provisions  of this sec­ tion shall consist
of areas bounded on all sides only by:
1.   Census block boundaries  from the most recent United  States Census: 2.    Guvernmental unit
boundaries reported  in the most recent Boundarv
and Annexation  Survey published  by the United  States Census Bureau:
3. Visible features that are readily distinguishable uoon the ground. such as streets. railroads.
tracks. streams and lakes. and that are indicated uoon current census maps   official  Department 
of Transportation  maps.  official municipal maps. official county maps or a combination of such 
maps:
4.   Boundaries of public parks. public school grounds  or churches: or
5.    Boundaries of counties. incoroorated  municipalities   or other political subdivisions  that 
meet  criteria  established  by  the  United   States  Census Bureau for block boundaries.
(d) Until July 1 2012 a supervisor may apply for and obtain from the Secretarv of State a waiver of
the reouirement in paragraph (c).
Section 30. Subsections (1) and (3) of section 101.043, Florida Statutes, are amended to read:
101.043  Identification required at polls.-
( I) The precinct register, as prescribed in s. 98.461, shall be used at the polls is lieu ef the
FegistFatiea beeks for the purpose of identifying the

36
CODING:  Words eiAekea are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

elector at the polls prior to allowing him or her to vote. The clerk or inspector shall require
each elector, upon entering the polling place, to present one of the following a current and valid
picture identifications:
(a)   Florida driver's license.
(b)     Florida  identification   card  issued  by  the  Department  of  Highway Safety and Motor
Vehicles.
(cl    United  States passport.
(d)   Employee badge or identification.
(e)   Buver's club identification.
<O   Debit or credit card.
(g)   Militarv identification.
(h)  Student identification.
(i)   Retirement center identification.
(j) Neighborhood association identification.
(k)   Public assistance identification as Jll'0'lieed ia s 97 0535(3Xa).

If the picture identification does not contain the signature of the voter, an additional
identification that provides the voter's signature shall be re­ quired. The elector shall sign his
or her name in the space provided on the precinct register or on an electronic deyice provided for
recording the voter's signature.,-a The clerk or inspector shall compare the signature with that on
the identification provided by the elector and enter his or her initials in the space provided on
the precinct register or on an electronic device pro­ vided for that purpose and allow the elector
to vote if the clerk or inspector is satisfied as to the identity of the elector.
(3) If the elector who fails to furnish the required identification is ,;m elector subject to s 
97.0535 a fil'st time "etel' whe l'egistel'Se  mail and has not provided the required
identification to a voter registration official the supel"<iBel' ef eleetieas prior to election
day, the elector shall be allowed to vote a provisional ballot. The canvassing board shall
determine the validity of the ballot pursuant to s. 101.048(2).
Section 31.   Subsections (2) and (3) of section 101.045, Florida Statutes, are amended to read:
101.045   Electors must be registered in precinct; provisions for residence or  name  change.-
(2Xa) An elector who moves from the precinct n<ithia the eeunty in which the elector is registered
may be permitted to vote in the precinct to which he or she has moved his or her legal residence,
provided such elector com­ pletes an affirmation in substantially the following form:


37
CODING:  Words              are deletions; words underlined are additions.

Filed 07/27/12    Page 20 of 26 PagelD 186

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

Change of Legal Residence of Registered Voter

Under penalties for false swearing, I, ...(Name of voter)..., swear (or affirm) that the former
address of my legal residence was ...(Address of legal resi­ dence)... in the municipality of ....,
in .... County, Florida, and I was regis­ tered to vote in the .... precinct of .... County,
Florida; that I have 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 am therefore eligible to vote in the .... precinct of .... County, Florida; and I
further swear (or affirm) that I am otherwise legally regis­ tered and entitled to vote.
...(Signature of voter whose address of legal residence has changed)...
(b) An elector whose name changes because of marriage or other legal process may be permitted to
vote, provided such elector completes an affir­ mation in substantially the following form:
Change of Name of Registered Voter

Under penalties for false swearing, I, ...(New name of voter)..., swear (or affirm) that my name
has been changed because of marriage or other legal process. My former name and address of legal
residence appear on the registration records De9ks of precinct .... as follows:
Name . . . . .
Address   . . . . . . . . . . . . .        . . .     . .     .
Municipality . . . . . . . . . . . . . . . . . . . . . . . .
County . . . . . . . . . . . . . . . . . . . . . . . . . . .
Florida, Zip  . . . . . . . . . . . . . . . . . . . . . . . . .
My present name and address of legal residence are as follows: Name . . . . .
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)...
(c) Such affirmation, when completed and presented at the precinct in which such elector is
entitled to vote, and upon verification of the elector's registration, shall entitle such elector
to vote as provided in this subsection. If the elector's eligibility to vote cannot be determined,
he or she shall be entitled to vote a provisional ballot, subject to the requirements and proce­
dures in s. 101.048. Upon receipt of an affirmation certifying a change in address of legal
residence or name, the supervisor shall as soon as practica­ ble make the necessary changes in the
statewide voter registration system 1'0691'eB ef the eeimty to indicate the change in address of
legal residence or name of such elector.


38
CODING:  Words st.AekeB are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                        LAWS OF FLORIDA                     Ch. 2005-278

(d) Instead of the affirmation contained in paragraph (a) or paragraph (b), an elector may complete
a voter registration application that indicates the change of name or change of address of legal
residence.
(e} A FelfHest feF BB alieeBtee ballet fllH'SHani te s. Hll.62·14!.ish iadieates that the elesteF
has had a shBBge ef addFBee ef legal FBsideaee fFem that ia the BllJll!F'lliseF's Feeems shall be
sllftieieat as the aetiGe te the Sllfl0F'l<i891' ef shBBge ef addFBss ef legal FBsideaee Felf\liFBd
by this seetiea, Upea Feeeipt ef s11eh F91fH98t f9F BB ahe9Btee ballet fl'em an. eleeteF Vl<he has
shaaged his eF heF addFees ef legal Fesideaee, the Sllfle<iseF shall fll'9"ide the eleet91' vAth
the flFepeF ballet f9F the flFeeinet iB whish the eleeteF thea has hie eF her  legal  resideaee
(3) Whea ea eleeteF'e aame deee aet appeBF ea the Fegietratiea beelii! ef the eleetiea preeiast in
whieh the elester is Fegietered, the eleeter may ha"e his er heF aame resteFBd  if the  Sllfle·iser
 is ethe:ise satisfied  that  the elester is ualidly registeFed, that the eleeteF's aame has beea
eFFeaee11sly emitted fl'em the seeks, aad that the eleeteF is eatidee te have his eF heF aame
FesteFBd, The SllfleFviseF, if he 91' she is satisfied as te the eleetel"s pl'9vie11s FBgistratiea,
shall all9VI• s11sh fleFBe& te uete BBG shall theFBafteF iss11e  a Gllfllieate Fegistratiea
ieeatifieatiea  eam
Section 32. Subsection (1) of section 101.048, Florida Statutes, is amended to read:
101.048   Provisional ballots.-
(1) At all elections, a voter claiming to be properly registered in the state 69HBty and eligible
to vote at the precinct in the election, but whose eligibil­ ity cannot be determined, and other
persons specified in the code shall be entitled to vote a provisional ballot. Once voted, the
provisional ballot shall be placed in a secrecy envelope and thereafter sealed in a provisional
ballot envelope. The provisional ballot shall be deposited in a ballot box. All provi­ sional
ballots shall remain sealed in their envelopes for return to the super­ visor of elections. The
department shall prescribe the form of the provisional ballot envelope.
Section 33. Effective January 1, 2007, subsection (1) of section 101.161, Florida Statutes, is
amended  to read:
101.161   Referenda; ballots.-
(1) Whenever a constitutional amendment or other public measure is submitted to the vote of the
people, the substance of such amendment or other public measure shall be printed in clear and
unambiguous language on the ballot after the list of candidates, followed by the word "yes" and
also by the word "no," and shall be styled in such a manner that a "yes" vote will indicate
approval of the proposal and a "no" vote will indicate rejection. The wording of the substance of
the amendment or other public measure and the ballot title to appear on the ballot shall be
embodied in the joint resolution, constitutional revision commission proposal, constitutional
convention pro­ posal, taxation and budget reform commission proposal, or enabling resolu­ tion or
ordinance. Except for amendments and ballot language proposed by


39
CODING:  Words              are deletions; words underlined are additions.

Filed 07/27/12   Page 21 of 26 PagelD 187

 

Ch. 2005-278                          LAWS OF FLORIDA                       Ch. 2005-278

joint resolution, the substance of the amendment or other public measure shall be an explanatory
statement, not exceeding 75 words in length, of the chief purpose of the measure. Inaddition, for
every amendment proposed by initiative, the ballot shall include, following the ballot summary, a
separate financial impact statement concerning the measure prepared by the Finan­ cial Impact
Estimating Conference in accordance with s. 100.371(fil(9}.The ballot title shall consist of a
caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken
of.
Section 34. Subsection (2) of section 101.56062, Florida Statutes, as cre­ ated by chapter
2002-281, Laws of Florida, is amended to read:
101.56062  Standards for accessible voting systems.-
(2) Such voting system must include at least one accessible voter inter­ face device installed in
each oolling place flF86i&et which meets the require­ ments of this section, except for paragraph
(l)(d).
Section 35. Subsection (1) of section 101.5608, Florida Statutes, is amended to read:
101.5608 Voting by electronic or electromechanical method; proce­ dures.-
(1)  Each elector desiring to vote shall be identified to the clerk or inspec­ tor of the election
as a duly qualified elector of such election and shall sign his or her name on the iB ink eF
iadelible fle&eil te aa ieeatifieatiea blank, sig&at\H'e  slip, precinct  register, or other  form 
or  device  provided   by  the supervisor ballet StHB e& "41.ic;h the ballet Serial BlHBheF may Be
Fesereee. The inspector shall compare the signature with  the signature on the identifi­ cation 
provided  by the elector. If the inspector is reasonably  sure that the person is entitled to 
vote, the inspector  shall  provide  the  person  with  a ballot.
Section 36. Effective August 1, 2006, section 101.573, Florida Statutes, is created to read:
101.573   Record of votes by precinct.-
(1) Within 75 days after the date of a municipal election or runoff, which­ ever occurs later, a
presidential  preference  primary   or a general election, the suoorvisor of elections shall file
with the Department of State precinct­ level election results for that election cycle. including
any primarv elections. Precinct-level election results shall record for each precinct the returns
of ballots cast at the precinct location to which have been  added the returns of absentee and
early ballots cast by voters registered in the precinct.
(2) The Department of State shall adoot rules pursuant to ss. 120.536(1) and 1 20.54 prescribing 
the  form  by  which  suoorvisors  of  elections  shall submit election results for each precinct.
Section 37. Effective January 1, 2007, paragraph (a) of subsection (4) of section 101.62, Florida
Statutes, is amended to read:


40
CODING:  Words             are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

101.62   Request for absentee ballots.-
(4Xa) To each absent qualified elector overseas who has requested an absentee ballot, the
supervisor of elections shall, not fewer than 35 days before the first primary election, mail an
absentee ballot. Not fewer than 45 days before the second primary and general election, the
supervisor of elec­ tions shall mail an advance absentee ballot to those persons requesting ballots
for such elections. The advance absentee ballot for the second pri­ mary shall be the same as the
first primary absentee ballot as to the names of candidates, except that for any offices where
there are only two candi­ dates, those offices and all political party executive committee offices
shall be omitted. Except as provided in ss. 99.063(4) and 100.371{,fil(9}, the ad­ vance absentee
ballot for the general election shall be as specified in s. 101.151, except that in the case of
candidates  of political parties where nominations were not made in the first primary, the names of
the candidates placing first and second in the first primary election shall be printed on the
advance absentee ballot. The advance absentee ballot or advance absentee ballot information booklet
shall be of a different color for each election and also a different color from the absentee
ballots for the first primary, second primary, and general election. The supervisor shall mail an
advance absen­ tee ballot for the second primary and general election to each qualified absent
elector for whom a request is received until the absentee ballots are printed. The supervisor shall
enclose with the advance second primary ab­ sentee ballot and advance general election absentee
ballot an explanation stating that the absentee ballot for the election will be mailed as soon as
it is printed; and, if both the advance absentee ballot and the absentee ballot for the election
are returned in time to be counted, only the absentee ballot will be counted. The Department of
State may prescribe by rule the require­ ments for preparing and mailing absentee ballots to absent
qualified elec­ tors overseas.
Section 38. Subsection (3) is added to section 101.64, Florida Statutes, to read:
101.64  Delivery of absentee ballots; envelopes; form.-
(3) The suoorvisor shall mark code indicate on. or otherwise track the precinct  of the absent
elector for each absentee ballot.
Section 39. Paragraph (a) of subsection (1) of section 101.657, Florida Statutes, is amended  to
read:
101.657  Early voting.-
(lXa) The supervisor of elections shall allow an elector to vote early in the main or branch office
of the supervisor by depositing the voted ballot in a voting device used by the supervisor to
collect or tabulate ballots. The supervisor shall mark  code  indicate on  or otherwise track the
voter's pre­ cinct for each early voted bajlot. In order for a branch office to be used for early
voting, it shall be a full-service facility of the supervisor and shall have been designated as
such at least 1year prior to the election. The supervisor may designate any city hall or public
library as early voting sites; however, if so designated, the sites must be geographically located
so as to provide all

41
CODING:  Words              are deletions; words underlined are additions.

Filed 07/27/12    Page 22 of 26 PagelD 188

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

voters in the county an equal opportunity to cast a ballot, insofar as is practicable. The results
or tabulation may not be made before the close of the polls on election day.
Section 40.  Section 101.663, Florida Statutes, is amended to read: 101.663  Electors; change of
residence to another state.-
(1)   4 a eleGter whe ehaages his er her resideaee te aBether e9Qllty iB lerida frem the
eelffit?·ia merida ia wbieh he er she is registered  as aa eleGter after the seeks iB the e9UBty te
"<hieh the eleeter has ehaBged his er her resideaee are elesee fur        geaeral, primacy:, er
speeial eleGtiea shall he permittee te uete asseatee iB the eermty ef his er her furmer resieeaee
iB that eleetiea fer l!Fesieeat  ane Vise l!Fesieeat, tl'nitee States Seaater, statemide efiisesj  
aae statewiee issaes  Saeli. persea shall aet se permitted te •qite ia the  eennt3• ef the persea's
fermer resieeaee  after the geaeral
eleGti9B..
(2} An elector registered in this state who moves his or her permanent residence to another state
and who is prohibited by the laws of that state from voting for the offices of President and Vice
President of the United States shall be permitted to vote absentee in the county of his or her
former residence for those offices.
Section 41. Subsection (1) of section 101.6921, Florida Statutes, is amended to read:
101.6921 Delivery of special absentee ballot to certain first-time vot­ ers.-
( 1) The provisions of this section apply to voters who are subject to the provisions of S. 97.0535
registered te '.•ete sy mail, mhe ha>•e Bet pr9"<ie\IS'
•1etee ia the eermty, and who have not provided the identification or certifi­ cation required by
s. 97.0535 by the time the absentee ballot is mailed.
Section 42.   Section 101.6923, Florida Statutes, is amended to read: 101.6923   Special absentee
ballot instructions for certain first-time vot­
ers.-
(1) The provisions of this section apply to voters who are subject to the provisions of S. 97.0535
registeree te uete By mail, "41.e ha11e Bet pr9"<ieasi:Y 'Jeted iBthe eermty, and who have not
provided the identification or informa­ tion required  by  s. 97.0535 by the time the absentee
ballot is mailed.
(2) A voter covered by this section shall be provided with the full1V·riag printed instructions
with his or her absentee ballot in substantially  the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS
MAY CAUSE YOUR BALLOT NOT TO COUNT.
1. In order to ensure that your absentee ballot will be counted, it should be completed and
returned as soon as possible so that it can reach the


42
CODING:  Words              are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

Filed 07/27/12    Page 23 of 26 PagelD 189

 

 


Ch. 2005-278

 

 


LAWS OF FWRIDA

 

 


Ch. 2005-278

 

 


Ch. 2005-278                        LAWS OF FWRIDA                     Ch. 2005-278

 

 

 

supervisor of elections of the county in which your precinct is located no later than 7 p.m. on the
date of the election.
2. Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you
are unable to do so because of blindness, disabil­ ity, or inability to read or write.
3. Mark only the number of candidates or issue choices for a race as indicated on the ballot. Ifyou
are allowed to "Vote for One" candidate and you vote for more than one, your vote in that race will
not be counted.
4. Place your marked ballot in the enclosed secrecy envelope and seal the envelope.
5. Insert the secrecy envelope into the enclosed envelope bearing the Voter's Certificate. Seal the
envelope and completely fill out the Voter's Certificate on the back of the envelope.
a.  You must sign your name on the line above (Voter's Signature).
b. Ifyou are an overseas voter, you must include the date you signed the Voter's Certificate on the
line above (Date) or your ballot may not be counted.
6. Unless you meet one of the exemptions in Item 7., you must make a copy of one of the following
forms of identification:
a.     Identification  which must include your name and photograph: wHeBt and ualid Flerida
dri>•eF's lieease; Fle:rida ideatifieatiea e!H'd issiied       the D9J1artmeat  ef Highmay  Safe
and Heter 1lehieles; United  States passport; employee  badge  or identification;  buyer's  club
identification  card; debit or credit  card; military  identification;  student  identification; 
retirement  center identification;  neighborhood   association  identification;  eatertaiameat 
idea tifieatiea;  or  public  assistance  identification;  or
b. Identification which shows your name and current residence address: current utility bill, bank
statement, government check, paycheck, or govern­ ment document (excluding voter identification
card).
7.  The identification requirements ofltem 6. do not apply ifyou meet one of the following
requirements:
a.   You are 65 years of age or older.
b.   You have a temporary or permanent physical disability.
c. You are a member of a uniformed service on active duty who, by reason of such active duty, will
be absent from the county on election day.
d. You are a member of the Merchant Marine who, by reason of service in the Merchant Marine, will
be absent from the county on election day.
e.   You are the spouse or dependent of a member referred to in paragraph
c. or paragraph d. who, by reason of the active duty or service of the member, will be absent from
the county on election day.

43
CODING: Words              are deletions; words underlined are additions.

 

 

 

f.  You are currently residing outside the United States.
8. Place the envelope bearing the Voter's Certificate into the mailing envelope addressed to the
supervisor. Insert a copy of your identification in the mailing envelope. DO NOT PUT YOUR
IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR INSIDE THE EN­ VELOPE WHICH BEARS THE
VOTER'S CERTIFICATE OR YOUR BAL­ LOT WILL NOT COUNT.
9. Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient
postage if mailed.
10. FELONY NOTICE. Itis a felony under Florida law to accept any gift, payment, or gratuity in
exchange for your vote for a candidate. It is also a felony under Florida law to vote in an
election using a false identity or false address, or under any other circumstances making your
ballot false or fraud­ ulent.
Section 43. Subsection (3) of section 102.012, Florida Statutes, is amended to read:
102.012    Inspectors and clerks to conduct elections.-
(3) The supervisor shall furnish inspectors of election for each precinct with the list  of 
registered  electors for  that  precinct registraiiea beeks  di uided  alJJhabetiGa as will best
faeilitate the heldiag ef an eleetiea. The supervisor shall also furnish to the inspectors of
election at the polling place at each precinct inthe supervisor's county a sufficient number of
forms and blanks for use on election day.
Section 44. Subsections (1), (2), and (3) of section 104.013, Florida Stat­ utes, are amended to
read:
104.013 Unauthorized use, possession, or destruction of voter informa­ tion registratiea
ideatifieatiea card.-
(1) It is unlawful for any person knowingly to have in his or her posses­ sion any blank, forged,
stolen, fictitious, counterfeit, or unlawfully issued voter information registratiea ideatifieatiea
card unless possession by such person has been duly authorized by the supervisor.
(2) Itis unlawful for any person to barter, trade, sell, or give away a voter information
registraiiea ideatifieatiea card unless said person has been duly authorized to issue a voter
information registratiea ideatifieatiea card.
(3) Itis unlawful for any person willfully to destroy or deface the informa­ tion registratiea
ideatifisatiea card of a duly registered voter.
Section 45. Effective upon becoming a law, subsection (7) is added to section  106.0705, Florida
Statutes, to read:
106.0705  Electronic filing of campaign treasurer's reports.-
(7)  Notwithstanding anvthing in law to the contrarv. any report required to have been  filed 
under  this section for the period  ended March 31   2005.

44
CODING:  Words              are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

Filed 07/27/12    Page 24 of 26 PagelD 190

 

 


Ch. 2005-278

 

 


LAWS OF FLORIDA

 

 


Ch. 2005-278

 

 


Ch. 2005-278                        LAWS OF FLORIDA                       Ch. 2005-278

 

 

 

shall be deemed to have been timely filed if the reoort is filed under this section on or before
June 1 2005.
Section 46. Subsection (2) of section 106.08, Florida Statutes, is amended to read:
106.08  Contributions; limitations on.-
(2Xa) A candidate may not accept contributions from national, state, including any subordinate
committee of a national, state, or county commit­ tee of a political party, and county executive
committees of a political party, which contributions in the aggregate exceed $50,000, no more than
$25,000 of which may be accepted prior to the 28-day period immediately preceding the date of the
general election.
(b)  A candidate  for  statewide  office  may  not  accept  contributions   from national state or
county executive committees of a political party   including any subordinate committee of a
national state. or county  committee of a political party  which contributions in the aggregate 
exceed $250 000. no more than $125.000 of which may be accented prior  to the 28-day period
immediately preceding the date of the general  election. Polling services, research services, costs
for campaign staff, professional consulting services, and telephone calls are not contributions to
be counted toward the contribu­ tion limits of paragraph (a) or paragraph (b). Any item not
expressly identi­ fied in this paragraph as nonallocable is a contribution in an amount equal to
the fair market value of the item and must be counted as allocable toward the          contribution
limits of paragraph (a) or paragraph (b). Nonalloca­ ble, in-kind contributions must be reported by
the candidate under s. 106.07 and by the political party under  s. 106.29.
Section 47. Subsection (3) of section 106.33, Florida Statutes, is amended to read:
106.33 Election campaign financing; eligibility.-Each candidate for the office of Governor or
member of the Cabinet who desires to receive contribu­ tions from the Election Campaign Financing
Trust Fund shall, upon qualify­ ing for office, file a request for such contributions with the
filing officer on forms provided by the Division of Elections. Ifa candidate requesting contri­
butions from the fund desires to have such funds distributed by electronic fund transfers, the
request shall include information  necessary to imple­ ment that procedure. For the purposes of ss.
106.30-106.36, candidates for Governor and Lieutenant Governor on the same ticket shall be
considered as a single candidate. To be eligible to receive contributions from the fund, a
candidate may not be an unopposed candidate as defined in s. 106.011(15) and  must:
(3)   Limit loans or contributions from the candidate's personal  funds to
$25,000 and contributions from national, state, and county executive com­ mittees of a political
party to $250.000 $25;000 in the aggregate, which loans or contributions shall not qualify for
meeting the threshold amounts in subsection (2).


45
CODING:  Words              are deletions; words underlined are additions.

 

 

 

Section 48.   Section 106.34, Florida Statutes, is amended to read:
106.34  Expenditure limits.-
(1) Any candidate for Governor and Lieutenant Governor or Cabinet officer who requests
contributions from the Election Campaign Financing Trust Fund shall limit his or her total
expenditures as follows:
(a) Governor and Lieutenant Governor: $2.00 for each Florida-registered voter $5 milliea.
(b)   Cabinet officer: $1.00 for each Florida-registered voter $2 milliea.
(2) The expenditure limit for any candidate with primary election opposi­ tion only shall be 60
percent of the limit provided in subsection (1).
(3)   For purposes of this section. "Florida-registered voter" means a yoter who is registered to
vote in Florida as of June 30 of each odd-numbered year. The Division of Elections shall certify
the total number of Florida-registered voters no later than Jµly 31 of each odd-numbered year. Such
total number shall be calculated by adding the number of registered voters in each county as of
June 30 in the year of the certification date. For the 2006 general election. the Diyision of
Elections shall certify the total number of Florida­ registered voters by July 31. 2005. The
ellfleaditw:e limit shall lie adjasted the SeeFetaFy ef State EJaadFelmially te Feileet the Fate ef
ll!.ilatiea eF
deilatiea as iadieated ia the CeasameF I'J:iee ladeK fuF <\ll UFllaa Ceasam BFB, Y S City *ueFage1
<\ll ltems, 1967-100, BF saeeessBF FepeFts as FepeFted lly the umted  States I>epar-tmeat  ef
l.alleF, EaFeaa  ef l.alleF Statisties
(4) For the purposes of this section, the term "expenditure" does not include the payment of
compensation for legal and accounting services ren­ dered on behalf of a candidate.
Section 49.  Section 196.141, Florida Statutes, is amended to read:
196.141    Homestead exemptions; duty of property  appraiser.-
W The property appraiser shall examine each claim for exemption filed with or referred to him or
her and shall allow the same, if found to be in accordance with law, by marking the same approved
and by making the proper deductions on the tax books.
(2) The flFBfleFty apflFaiseF shall eKamiae eaeh FefeFFal, ef a peFsaa Fegis teriag te·;ete at an
add.Fess dift'eFeat frem the aae vlheFe the peFsea has Hied fuF a hemestead eKemptiea, "' eh has
lleea jlF9'.r.ided lly a sapeF1r4seF ef eleetieas paFsaaat te s Qll.019 The pFepeFty appFaiseF
shall iaitiate jlF96e daFes te teRBffiate a peFsea's hemestead eKBmptiea aad assess ll110k taKes,
if awFepriate, if the peFS9B elaimll!.g saeh eKemptiea is aet eatitled te the eKemfltiea nndeF lam,
Section 50. Subsection (4) of section 120.54, Florida Statutes, is amended to read:

46
CODING:  Words              are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-2

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

120.54   Rulemaking.-
(4)   EMERGENCY RULES.-
(a) If an agency finds that an immediate danger to the public health, safety, or welfare requires
emergency action, the agency may adopt any rule necessitated by the immediate danger. The agency
may adopt a rule by any procedure which is fair under the circumstances if:
1. The procedure provides at least the procedural protection given by other statutes, the State
Constitution, or the United States Constitution.
2. The agency takes only that action necessary to protect the public interest under the emergency
procedure.
3. The agency publishes in writing at the time of, or prior to, its action the specific facts and
reasons for finding an immediate danger to the public health, safety, or welfare and its reasons
for concluding that the procedure used is fair under the circumstances. In any event, notice of
emergency rules, other than those of educational units or units of government with jurisdiction in
only one or a part of one county, including the full text of the rules, shall be published in the
first available issue of the Florida Adminis­ trative Weekly and provided to the committee. The
agency's findings of immediate danger, necessity, and procedural fairness shall be judicially
review able.
(b) Rules pertaining to the public health, safety, or welfare shall include rules pertaining to
perishable agricultural commodities or rules pertaining to the interoretation and implementation of
the reauirements of chapters 97 through 102 and 105 of the Election Code.
(c) An emergency rule adopted under this subsection shall not be effec­ tive for a period longer
than 90 days and shall not be renewable, except during the pendency of a challenge to proposed
rules addressing the subject of the emergency rule. However, the agency may take identical action
by the rulemaking procedures  specified in this chapter.
(d) Subject to applicable constitutional and statutory provisions, an emergency rule becomes
effective immediately on filing, or on a date less than 20 days thereafter if specified in the
rule, if the adopting agency finds that such effective date is necessary because of immediate
danger to the public health, safety, or welfare.
Section 51. Subsection (1) of section 99.061, Florida Statutes, is amended to read:
99.061 Method of qualifying for nomination or election to federal, state, county,  or district
office.-
( 1)   The provisions of any special act to the contrary notwithstanding, each person seeking to
qualify for nomination or election to a federal, state, or multicounty district office, other than
election to a judicial office as de­ fined in chapter 105 or the office of school board member,
shall file his or her

47
CODING:  Words etFieliea are deletions; words underlined are additions.

Filed 07/27/12    Page 25 of 26 PagelD 191

 

Ch. 2005-278                         LAWS OF FLORIDA                       Ch. 2005-278

qualification papers with, and pay the qualifying fee, which shall consist of the filing fee and
election assessment, and party assessment, if any has been levied, to, the Department of State, or
qualify by the alternative method with the Department of State, at any time after noon of the 1st
day for qualifying, which shall be as follows: the 120th day prior to the first primary, but not
later than noon of the 116th day prior to the date of the first primary, for persons seeking to
qualify for nomination or election to federal office .QI the office of the state attorney or nublic
defender; and noon of the 50th day prior to the first primary, but not later than noon of the 46th
day prior to the date of the first primary, for persons seeking to qualify for nomination or
election to a state or multicounty district office. other than the office of state attorney or
public  defender.
Section 52. Subsection (4) of section 322.142, Florida Statutes, is amended to read:
322.142   Color photographic or digital imaged licenses.-
(4) The department may maintain a film negative or print file. The de­ partment shall maintain a
record of the digital image and signature of the licensees, together with other data required by
the department for identifi­ cation and retrieval. Reproductions from the file or digital record
shall be made and issued only for departmental administrative purposes; for the issuance of
duplicate licenses; in response to law enforcement agency re­ quests; to the Department  of State
pursuant  to an interagency  agreement to facilitate determinations of eligibility of voter
registration annlicants and registered voters in accordance with ss. 98.045 and 98.075: to the
Depart­ ment of Revenue pursuant to an interagency agreement to facilitate service of process in
Title IV-D cases; or to the Department of  Financial Services pursuant to an interagency agreement
to facilitate the location of owners of unclaimed property, the validation of unclaimed  property
claims, and the identification of fraudulent or false claims, and are exempt from the provi­ sions
of s. 119.07(1).
Section  53.   Absentee  ballots  and  voting· violations.-   Any  nerson   who provides or offers
to provide. and any oorson who accepts. a pecuniarv  or other benefit in exchange for distributing,
ordering. reauesting, collecting. delivering. or otherwise physically oossessing absentee ballots  
with intent to alter  change   modify   or erase any vote on the absentee ballot except as provided
in sections 1 01.6105-101.695   Florida Statutes. commits a felony of the third degree punishable
as   provided  in  section  775.082.  section
775.083. or section 775.084. Florida Statutes.
Section 54. Subsection (1) of section 104.047. Florida Statutes. is re­ pealed.
Section 55.   Sections 98.055. 98.095. 98.0977.  98.0979.  98.101.  98.181.
98.231. 98.451  98.481. and  1 01.635  Florida  Statutes. are repealed.
Section 56. Except as otherwise expressly provided in this act and except for this section, which
shall take effect upon becoming a law, this act shall take effect January  1, 2006.


48
CODING: Words etFieliea are deletions; words underlined are additions.


 

 

Ch. 2005-278                          LAWS OF FLORIDA                          Ch. 2005-278

Approved by the Governor June 20, 2005.
Filed in Office Secretary of State June 20, 2005.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

49
CODING:  Words              are deletions; words underlined are additions.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 1c


 

 

 

Department  of State Divi sion of Elections


Powerpoint Presentation-


FLORIDA VOTER REGISTRATION SYSTEM (FVRS)
Election Legislation 2005 (HB 1589/1591)

 

 

 

 


Florida State Association  of Supervisors  of Elections' Summer Conference 2005, Saddlebrook,
Florida

 

 

 

 

 


What We Will Cover

 

 

 

 

 

 

Florida Voter Registration System

Legislation and Operational Framework

 

 

 

 

 


Bureau of Voter Registration Services

 

 

 

 

 


> Overview of Roles and Responsibilities
>Voter  Registration Applications
> List Maintenance Activities
> Election Administration
> Petitions
> Uniformity and Enforcement
> Public Records
> Operation and Support

 

 

 

 


Voter Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mana Matthews Senior Attorney

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Joe Finnegan Chief of Voter Registration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Amber Barrett
Admin Ant. II

 

 

 

 

 

 

 

 

 

 

 

 

 

 


> Processing voter registration applications received by the Department.  Once entered, the
application will be immediately forwarded to the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


(O\Dlde Legal Support)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            Services                                                                  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

appropriate Supervisor of Elections.
> Responding to inquires pertaining to the status of voter registration applications and existing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Voter Services
8FTE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Donna Miller NVRA Coordinator 2FTE

 

 

 

 

 

 

 

 


NVRA Coordinator

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Compliance and Regulation
S FTE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

registrations.
> Coordination of updates to the street and address data provided to the Department of Highway
Safety and Motor Vehicles.

 

 

 

 

Compliance and Regulation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

> Coordinates the National Voter Registration Act (NVRA) and the Florida Voter Registration Act
(FVRA).
> Preparation of the NVRA monthly report.
> Assures that voter registration applications, preference forms, and other publications are
available and distributed to the required agencies that are mandatory voter registration sites.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

> Review and assessment of compliance of voter registration records with state requirements.
> Monitoring of compliance with FVRS generated notifications.
> Response to workflow items escalated for review by state staff.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


1

 

 

 

 

 


Voter Registration Official

> You "just might be" (actually you are) a voter registration official if you are:
•  A Supervisor of Elections

•  Someone authorized by the Secretary of State to accept voter registration applications and
execute updates to the statewide voter registration system

 

 

 

 

 

 

 

 

Changes to Application Form (cont'd)

> New revised form to be adopted by rule
• Change in oath

•  Check those boxes
- No driver's license, ID no. or SSN . . . Check
- U.S. citizen . . . Check
- Not a felon . . . Check
- Not adjudicated mentally incapacitated . . . Check

•  Update signature using form

 

 

 

 

 

 

Changes to Processing of
                     Applications                    
> The voter registration official receiving the application will enter the information into the
FVRS
> All applications must be entered within 15 days of receipt
> Once entered, application is to be forwarded to the appropriate supervisor of elections

 

 

 

 


Changes to Application Form


The more things change, the more it changes things

 

 

 

 

 

 

Changes in Application Form <cont'd)

•  Homestead exemption language is eliminated

• MARG instructions:
- Never voted in the state (instead of county)
- Not issued a current and valid Florida driver's license, identification card or social security
number as verified by the State.
- Must provide identification at time of mail registration or prior to voting absentee or at the
poll.
- Can no longer present entertainment card for identification

 

 

 

 

 

 

 

 

Changes to Processing of Applications <cont>
> DHSMV
•  Applicant will verify an electronic application and provide a digital signature
• Application electronically transmitted to FVRS within 24 hours
•  Paper applications sent within 5 days to supervisor of elections
•  Declinations transmitted to FVRS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


- --------- ----------


Case 8:12-cv-01294-JDW-MAP    Document 22-3

 

 

 

Changes to Processing of
                  Applications ccont>                                
> DHSMV (cont)
• Will retain complete records of information submitted to FVRS for audit purposes
• Will compare address information provided by applicant with street index
- If address does not match, applicant will be asked to verify
- DHSMV will not reject applications for which a match to the
street index cannot be made

 

 

 

 

 

 

 

 


Changes to Processing of
                  Applications ccont>                                 
> Validation of numbers
•  HAVA requirement
•  Can accept if person does not have a driver's license, Florida ID card or social security number
• DOS will verify authenticity of number or nonexistence of number
•  If time does not allow validation to occur, person must vote a provisional ballot
Person has until 5 p.m. on 3rd day after election to produce evidence to SOE verifying authenticity
of number

 

 

 

 


Changes to Processing of
                 Applications ccont>                             
> Incomplete Applications
• Check boxes relating to citizenship, felon and mental incapacity must be checked affirming status
• All required information must be complete by book closing
• Signature must be original or digital from DHSMV

Filed 07/27/12   Page 5 of 13 PagelD 197

 

 

 

Changes to Processing of
                  Applications <cont>                                
> Postmark clarification
• Postmark used to determine registration date is the postmark when mailed to DHSMV, a voter
registration agency, armed forces recruitment office, the division or any supervisor

 

 

 

 

 

 

 


Changes to Processing of Applications ccont>
If application is complete and number validated, register applicant
If application is complete and nonexistence of number is verified, register applicant
• Once registered, deal with hits against other databases

 

 

 

 

 

 

 

Changes to Processing of Applications (cont>
> Notification to applicants
If incomplete
- Noty by mail within 5 business days after in FVRS
- Must be remedied using a voter registration application form
•  If denied
- Inform applicant of reason for denial
• If complete
- Send voter information card

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


3


Case 8:12-cv-01294-JDW-MAP    Document 22-3

 

 

 

Changes to Processing of
                  Applications (cont)                                    
» Voter information card
Change in terminology
Designed to provide information to voter vs. identification
Will have unique identifier
Do you need to send new card after 1/1/05?

» MARG
Registers by mail;
Has not previously voted in the state (rather than county); and
Has not been issued a Florida driver's license, identification card or social security number

 

 

 

 

 

 

 


Updates to Applications <cont>

> Name or party change
• Voter registration application
> New voter information card
> Signature updates
For checking absentees and provisionals, change made before canvassing begins

 

 

 

 

 

 


Flow Chart

Filed 07/27/12    Page 6 of 13 PagelD 198

 

 

 

Updates to Applications

> Address changes
If within same county
- Telephone
- Electronic
- Signed, written notice
• Out of county
- Voter registration application
•  Can be done at polls on election day

 

 

 

 

 

 

Residential Address References

> Supervisor of Elections will maintain a coordinate database of street addresses and send to FVRS.
> Compile and maintain a statewide electronic database of valid residential street addresses.
> Department of State shall provide HSMV electronic database of street address.

 

 

 

 


         Retention of Application Forms       
» To be received and accepted by a voter registration official in any Florida county including the
Department of State regardless of applicant's or registered voter's residency
» To be entered into FVRS by the voter registration official who receives it
» To be forwarded by the voter registration official who receives the form to the applicant's or
voter's county of residence
» To be retained permanently by the receiving voter registration official in the applicant's or
voter's county of residence

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


4


Case 8: 12-cv-01294-J OW-MAP    Document 22-3

 

 

 

List Maintenance Activities -
             Address Confirmation            
l> Supervisor will continue with same biennial programs
Change of address infonnation
- Supplied by USPS
- Identified from returned mail sent to all voters In county
- Identified from returned mail sent to voters not voting In last 2 years
- Jury notices, OHSMV or other sources
Must be completed 90 days before a federal election
l> Only one address confirmation instead of two
Forwardable return-if-undeliverable mail
•   Postage prepaid preaddressed return fonn

 

 

 

 

 

 

 


List Maintenance Activities -
          Address Confirmation <cont>                   
> Restore voter to active list if voter
• Updates registration
• Requests absentee ballot
• Votes
> Removal
• If no activity by the second general election after being placed on inactive list
> Reporting to Department

 

 

 

 


List Maintenance- Ineligibility
(s. 98.075, F.S.) (cont)

> Felons -Procedure for Notifying & Removing
Step One
- FVRS conducts preliminary database comparisons to identify Potential lnellglblllty (FDLE, Clerk
of the Courts, DOC, US Attorney and Clemency Records)
• Step Two
- FVRS staff obtains and reviews supporting documentation to make initial detennination of whether
information is "Credible and Reliable"

Filed 07/27/12    Page 7 of 13 PagelD 199

 

 


List Maintenance Activities - Address Confirmation
> Return Form
If voter affinms change to another state, remove voter
• If voter affinms change to another county, update registration
• Voter must confinm if he has not changed address
> Inactive designations
If confirmation is returned as undeliverable
• If return fonm not returned within 30 days

 

 

 

 

 


List Maintenance- Ineligibility
(s. 98.075, F.S.)

> Duplicates
• Most recent application is treated as an update
> Deaths
• Remove upon notification from Dept. of Health
> Felons
• Six step procedure for Notifying & Removing

 

 

 

 

 

 

List Maintenance- Ineligibility
(s. 98.075, F.S.) (cont)

> Felons -Procedure for Notifying & Removing
(cont)

• Step Three
- If infonnation detennined Credible and Reliable, DOS notifies Supervisor and provides copies of
the supporting documentation indicating the Potential lnellglblllty to the Supervisor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


5


Case 8: 12-cv-01294-J OW-MAP    Document 22-3

 

 

 

List Maintenance- Ineligibility
(s. 98.D75, F.S.) (cont)


Felons - Procedure for Notifying & Removing
(Cont.)

•   Step Four
- Upon notification that DOS has made Initial Determination of Credibility and Reliability, the
Supervisor Follows the Procedures Outlined in the Statute Prior to the Removal of Any Registered
Voter
Step Five
- Notification By Supervisor
•  Notify voter of potential ineligibility by mail within 7 days of
receipt of notice from DOS

 

 

 

 

 

List Maintenance- Ineligibility
(s. 98.075, F.S.) (cont)

Felons - Procedure for Notifying & Removing (cont)
•  Step Five - Notification (Cont.)
- The mailed notice shall include: (cont)
• A statement that If they are denying the accuracy of the information that they may request a
hearing
• Instructions on how to contact the SOE inthe county were they are registered for assistance In
resolving
• Instructions for seeking restoration of rights for a felony conviction, If applicable

 

 

 

 

 

 

 

List Maintenance- Ineligibility
(s. 98.075, F.S.) (cont)

Felons - Procedure for Notifying & Removing (cont)
Step Six- Determination of Eligibility by SOE
FAILURE OF VOTER TO RESPOND TO NOTICES

-   e             i:l,Fn'       r.n3!c§    '1.5      ifl fble or
;:      :?ngR:1:l\'e o'/:: d    ':n E
action.
VOTER RESPONDS AND ADMITS

Filed 07/27/12    Page 8 of 13 PagelD 200

 

 

 

List Maintenance- Ineligibility
(s. 98.075, F.S.) (cont)


Felons - Procedure for Notifying & Removing
Step Five - Notification (Cont.)
- The mailed notice shall include:
• A statement of the basis for their potential ineligibility and copies of the documentation upon
which the potential lnellglbllity is based
• A statement that failure to respond within 30 days may result in
a detenninatlon of inetigibility and removal
•  A return form that requires the voter to admit or deny the accuracy of the information

 

 

 

 

 

 

 

 

List Maintenance- Ineligibility
(s. 98.075, F.S.) (cont)

» Felons - Procedure for Notifying & Removing (cont) Step Five - Notification (Cont.)
- If the malled notice Is returned as undeliverable, SOE publlshes
notice onceIn a paper of general circulation in the county where
last registered.
- Published notice contains:
•  Votets name & address
•  Statement that they are potentially ineligible to vote
• Statement that failure to respond within 30 days after publicatiOn of notice may resuH in
determination of ineligibility and removal Instruction to contact SOE within 30 days to receive
Info re: basis for
potential ineligibility and procedure to resolve
•  Instruction to contact SOE if further assJstance is needed

 

 

 

 

 

 


List Maintenance- Ineligibility
(s. 98.075, F.S.) (cont)

> Felons - Procedure for Notifying & Removing (cont)
Step Six- Determination of Eligibility by SOE (cont)
VOTER DENIES ACCURACY OF INFORMATION BUT DOES NOT REQUEST HEARING
- If the voter responds and denies, but does not request a hearing, the SOE reviews the evidence
and makes a final determination of eligibility.
- If determined ineligible, the SOE removes the voter and notifies the voter of the determination
and action.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


6


Case 8:12-cv-01294-JDW-MAP    Document 22-3

 

 

 

List Maintenance- Ineligibility
                                        {s. 98.075, F.S.)  {cont)                                  
    

»  Felons - Procedure for Notifying & Removing (cont}
•   Step Six- Determination of Eligibility by SOE (cont)
VOTER DENIES ACCURACY OF INFORMATION AND REQUESTS A HEARING
- If a voter requests a hearing, SOE shall send a notice to the voter
to attend a hearing at a tJme and place specified in the not.Ice.
- After hearing all evidence the SOE makes a determination of eligibility. If detennined
ineligible, the SOE removes the voter and notifies the voter of the determination and action.

 

 

 

 

 

 

 

List Maintenance- Ineligibility
{s. 98.075, F.S.) {cont)

);> Felons - Procedure for Notifying & Removing (cont)
Step Six- Determination of Eligibility by SOE {cont) GENERAL PROVISIONS (CONT.)

- SOE shall remove a voter only after the SOE makes a final determination that the voter Is
Ineligible to vote
- Any voter who has been removed pursuant to a determination of lneliglbility may appeal that
determination to circuit court pursuant to the procedures Ins. 98.0755
- Any voter who was removed due to ineligibility who subsequenUy becomes eligible must reregister
to have name restored to the rolls

 

 

 

 

 


List Maintenance- Ineligibility
                                         (s. 98.075. F.S.)  (cont)                                 
       
» Information from Other Sources
If the DOS or the SOE receives information from sources other than the ones identified in the
statute that a voter  does not meet the age requirement, is not a U.S. citizen, is a fictitious
person or has listed a residence that is not their legal address, the SOE shall, prior to removal
of the voter from the rolls, follow the same notification procedures that we discussed related to
potential felon ineligibility

Filed 07/27/12    Page 9 of 13 PagelD 201

 

 

 

List Maintenance- Ineligibility
{s. 98.075, F.S.) {cont)

);> Felons - Procedure for Notifying & Removing (cont)
Step Six- Determination of Eligibility by SOE {cont)

GENERAL PROVISIONS

- All determinations of eligibility shall be based upon a preponderance of evidence

- These proceedings are exempt from chapter 120
- NoUces shall be sent to voters by certifted mall, return receipt requested, or other means that
provides verification of receipt or shall be published in a newspaper of general circulation where
the voter was last registered, whichever is applicable.

 

 

 

 

 

 

 

List Maintenance- Ineligibility
{s. 98.075, F.S.) {cont)

»Adjudication of Mental Incapacity - Procedure for Notifying & Removing
• SOE follows the same procedures as you do with potential felons
• DOS will also follow the same steps previously described except the information and documentation
will be coming from the clerk of court

 

 

 

 

 


List Maintenance- Ineligibility
(s. 98.0755, F.S.)
)- Appeals Process
•  A SOE's determination of ineligibility under 98.075(7), F.S., is appealable to the circuit court
for the county in which the voter is registered

• Time frames for filing these appeals are governed by the Rules of Appellate Procedure

• The trial in the circuit court is de novo and governed by the rules of that court

•  The voter bears the costs of the trial unless they can show that their name was erroneously or
illeQally removed or that they are indigent.  In those situations, the SOE pays the costs.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7


Case 8: 12-cv-01294-JDW-MAP    Document 22-3

 

 

 

Election Administration
> Book Closing
No more certifications to DOS. We will be able to obtain that information from the FVRS
Updates after Book Closing (s. 97.055(1), FS.)
- Only updates to voter's name, address and signature will be permitted for the upcoming election
- VR applications and party changes must be accepted after book closing, but only for purposes of
subsequent elections

 

 

 

 

 

 

 

Election Administration
> Early Voting
• Ballot has to reflect voter's precinct (s.101.657, F.S.)
> Absentee Voting
System to track requests- will follow voter from county to county.
Ballot has to reflect the voter's precinct (s. 101.64, F.S.)

 

 

 

 

 

 


Election Administration

> Voter History Updates
Report to Legislature; Contents (s. 98.0961, F.S.) (Cont.)
Report shall include:
- The unique identifier of each voter
- Contents of the voter registration application, except confidential or
exempt Information (required & optional)
- Date of registration
- Representative, senatorial and congressional districts of the voter and precinct where voter
resides
- Method by which voter voted (precinct, ear1y, or absentee) or that
they did not vole
- If absentee or provisional ballot of voter was not counted

Filed 07/27/12    Page 10 of 13 PagelD 202

 

 

 

            Election Administration           

> Precinct Registers- (s. 98.461(2), F.S.)
• Allows use of an electronic database as a precinct register.
• Allows the use of an electronic device to capture voter signature and poll worker's initials
• Must include the "suffix" if the voter has one, ie. Sr, Jr, or Ill
> Identification At the Polls - (s. 101.043, F.S.)
Entertainment cards are no longer acceptable
•  No affidavit if voter has no picture/signature ID. Voter must vote a provisional ballot (HB
1567)

 

 

 

 


Election Administration

> Voter History Updates
Report to Legislature; Contents (s. 98.0981, F.S.) Effective August 1, 2006

• Within 75 days after a General Election or within 15 days after all SOE's have updated voter
history info, whichever occurs later, DOS shall send to the President, Speaker, and Senate and
House Minority Leaders an electronic report of all voters qualified to vote in the election or
primary.

 

 

 

 

 


Initiative Petitions

February 1 deadline
• Record verification in FVRS
Petitions must still be submitted to proper county
• After January 1, 2007 no need to send department certificates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


8


Case 8: 12-cv-01294-JDW-MAP    Document 22-3

 

 

 

Uniformity and Enforcement
Rulemaking
General Authority given in ss. 97.012(1) and (2), F.S.
- To "obtain and maintain uniformity in the interpretation and implementation of the election laws
the Department may...adopt by rule uniform standards for the proper and equitable interpretation
and implementation of the requirements of chapters 97 - 102 and 105 of the Election Code."
- To "provide unorm standards for the proper and equitable implementation of the registration laws
by administrative rule..."

 

 

 

 

 


Uniformity and Enforcement

> Rulemaking (Cont.)
•  Specific Authority By Section (Cont.)
- Discretionary Rulemaking
• s. 97 .026 - Forms Available In Alternative Formats and Via the
Internet
• s. 97.061 - Special Registration for Electors Requiring Assistance In Voting Due to Inability to
Read or Wrtte or Because of a Disability
• s. 98.035 - Governing Access, Use and Operation of the FVRS to Ensure Security, Uniformity and
Integrity of the System

 

 

 

 

 

 


Uniformity and Enforcement
> Rulemaking (Cont.)
Specific Authority By Section (Cont.)
- Emergency Rulemaking (s. 120.54(4)(b), F.S.)
• Change states that rules pertaining to the public health, safety or welfare include rules
pertaining to the interpretation and implementation of the requirements of chapters 97 through 102
and 105 of the Election Code (This change Is helpful W we need to promulgate emergency rules to
deal with unforeseen circumstances)

Filed 07/27/12    Page 11 of 13 PagelD 203

 

 

 

Uniformity and Enforcement

> Rulemaking (Cont.)
Specific Authority By Section
- Mandatory Rulemaking
s. 97.052 - Voter Registration Application Form
s. 101.573(2) - Form for Use by SOEs for Filing of Election Results for Each Precinct with DOS

 

 

 

 

 

 

 

 


Uniformity and Enforcement

> Rulemaking (Cont.)
•  Specific Authority By Section (Cont.)
- Discretionary Rulemaking (Cont.)
• s. 98.045(5) - Prescribe Forms Necessary to Conduct Maintenance of Records In the FVRS
• s. 98.075(1) - Adopt Uniform Standards and Procedures to Interpret and Administer List
Maintenance Activities Relating to Registered Voter Ineligibility Determinations

 

 

 

 

 

 

 

Uniformity and Enforcement

• Circuit Court Action (s. 97.012(14), F.S.)
- The Secretary of State may bring civil actions to enforce the perfonnance of any duties of a
county supervisor of elections or any official performing duties with respect to chapters 97 - 102
and 105 or to enforce compliance with a rule of the Department adopted to interpret or implement
any of those chapters.
- Venue for these suits shall be in the Circuit Court of Leon County.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


9


Case 8: 12-cv-01294-JDW-MAP    Document 22-3

 

 

 

Uniformity and Enforcement

Circuit Court Action (s. 97.012(14), F.S.) (Cont.)
- Suits filed by the Secretary within 60 days of an election (as defined in s. 97.021, F.S.) or
during the time period after the election but before certification of the election shall be set for
immediate hearing and given priority over other pending cases.

- Prior to filing a suit to enforce performance of the duties of an SOE or an official, the
Secretary or his or her designee must make a good faith effort to confer with the SOE or official
to
ensure compliance.

 

 

 

 

 

 


Exemptions From Public Records Voter Registration
Exempt?                            Not Exempt?                      Exempt?
Declinations to register    Telephone nos            SSNs


Not Exempt ?                    Exempt?                            Not Exempt?
Voter registration         Fla. Driver's License No.  Signatures
records at local level    or State Identification
No.

Exempt?                            No/ Exempt?                      Exempt?
Absentee ballot request   FVRS                       Location where a person
information                                                                       registers or
updates
registration

 

 

 

 

 

 

 


Exemptions

Filed 07/27/12    Page 12 of 13 PagelD 204

 

 

 

"A Matter of Public Record"

• Refresher: Any material MADE or RECEIVED by a public agency in connection with OFFICIAL Business
to perpetuate, communicate or formalize knowledge
• Tapes, e-mails, documents, photographs, digital images, software, financial records, telephone
logs, computer records, and election and voter registration  records.

 

 

 

 

 

 


Exemptions (cont'd)

What Was and Will Still Be
Exempt & Confidential:

• Declinations to register (s. 97.0585, F.S.)
•  Information as to where a person registered or updated a registration (s. 97.0585, F.S.)

 

 

 

 

 

 


Exemptions (cont'd)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


What Was
Exempt From Copying:

Voter registration records and books at the Supervisors of Elections' offices could be inspected
but NOT COPIED except by certain governmental or political entities who signed affirmation (s.
98.095, F.S.)
Telephone numbers (s.
97.0585(2), F.S.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


What Wiii No Longer Be
Exempt:

Voter registration records and books at the local offices of supervisors of elections and the
Florida Voter Registration System can be INSPECTED &
COPIED (repeal of s. 98.095,
F.S.)

Telephone numbers can be INSPECTED & COPIED (repeal of part of s. 97.0585(2), F.S.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What Was
Exempt from Copying Only:
Voter's signature Voter's SSN
(only as they appeared
in voter registration records)
s. 97.0585, F.S.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


What WI// Se Exempt & Confidential:

ApplicanWoter's  signature (from copying only)
ApplicanWoter's SSN, Florida driver's license no. or identification no. (no copying,
no inspection)
(As this info appears In any registration or voting record­ e.g., envelope/certificate for absentee
balk>t, provisional ballot or early voting)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


10


Case 8: 12-cv-01294-JDW-MAP    Document 22-3

Filed 07/27/12    Page 13 of 13 PagelD 205

 

 

 

 

                Exemptions <cont'd>                                 

 

 

 

 


Exemptions

 

 

 

 

 


<cont'd)

 

 

 

 

 


What Was and Will Still Be Exempt:
Names, addresses and telephone numbers of participants Address Confidentiality Program for Victims
of Domestic Violence as contained in voter registration records retained at the local level but
exemption  now extends  to that  information  as contained  In registration  records  and  voting
records  Including that held In FVRS. (s. 741.465, F.S.)

 

 

 

 

 


What Was
Exempt & Confidential:

Absentee ballot request information except when requested by canvassing board, election official,
political party. qualifying candidate for upcoming election and registered political committees and
CCE for political purposes only (s.101.62(3). F.S.)

 

 

 

 

 


What Will Be
Exempt & Confidential:

The exemption remains the same except now the voter requesting the ballot information can also get
the infonmation and all absentee ballot request infonmation must be sent in
electronic fonmat to the Division of Elections daily at noon s.101.62(3), F.S.)

 

 

 

 

 

 

 

 

 

 

 

 

 


And s'more Exemptions

No change on all other applicable exemptions under the law including exemptions that are triggered
by requests made by certain
classes of professionals such as judges, attorneys, firefighters, law enforcement, human resource
officers and local code enforcement officers (s. 119.07, 119.0711,
119.0712, and 119.0721, F.S.)

 

 

 

 

 

 

 

 

 

 

 

 

 


Public Records Retention
> General Retention Schedule GS-3
• All voter registration and voting records or documentation acquired from applicant or voter or
other sources in determining eligibility
> Federal law
• Originals of certain records for minimum 22 months
> Consult with your public records management official liaison, the department or your attorney
when in doubt

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


11


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 1d


U.S. Departmentf Justice

Civil Rights Division

 

 

 

 


JKT:JBG:ALP:maf DJ 166-012-3
2005-2390
2005-2391

 

 

 

 


Voting Section - NWB.
950 Pennsylvania Avenue, N. W. Washington, DC 20530

 

 

 


September 6, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 


The Honorable Charlie Crist Attorney General
State of Florida
PL-01, The Capitol
Tallahassee, Florida 32399-1050 Dear Mr. Crist:
This refers to Chapters 277, 278, 279 and 286 (2005) of the Florida Legislature, the specific
provisions of which are provided in Attachment A, submitted pursuant to Section 5 of the Voting
Rights Act, 42 U.S.C. 1973c. We received your submissions on July 8, 2005; supplemental information
was received through August 26, 2005.

The Attorney General does not interpose any objection to the specified changes. However, we note
that Section 5 expressly provides that the failure of the Attorney General to object does not bar
subsequent litigation to enjoin the enforcement of the changes. Inaddition, as authorized by
Section 5, we reserve the right to reexamine these submissions if additional information that would
otherwise require an objection comes to our attention during the remainder of the sixty­ day review
period. Procedures for the Administration of Section 5 of the Voting Rights Act (28
C.F.R. 51.41 and 51.43).

Chapters 277 and 278 include provisions that are enabling in nature. Therefore, the State of
Florida is not relieved of its responsibility to seek Section 5 review of any changes affecting
voting proposed to be implemented pursuant to this legislation as noted in Attachment A with an
asterisk (, any rules prescribed by the Department of State for: filing an elections-fraud
complaint and for investigating complaints; making forms available via alternative formats and


..Case 8: 12-cv-01294-JDW-MAP   Document 22-4
0

Filed 07/27/12    Page 3 of 13 PagelD 208
0

 

 


-2-


via the internet; providing for changes to the uniform statewide voter registration application;
governing the access use and the operation of the statewide voter registration system; governing
maintenance of records in the statewide voter registration system; and interpreting and
implementing the provisions of F.S. Chapters 97 through 102 and 105). See 28 C.F.R. 51.15.

 

 

 

 

 

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


 

Attachment A


This refers to certain acts of the Florida Legislature submitted pursuant to Section 5 of the
Voting Rights Act, 42 U.S.C.  1973c.  Your submission includes the following:

1.  Chapter 277, Section 1 (2005) and Chapter 278, Section 1 (2005) that amend F.S. 97.012, which
pertains to the responsibilities of the Secretary of State*;

2. Chapter 277, Section 2 (2005), Chapter 278, Section 2 (2005) and Chapter 286, Section 2 (2005)
that amend F.S. 97.021, which pertains to the definition of terms for the purpose of the election
code;

3. Chapter 277, Section 3 (2005) and Chapter 278, Section 4 (2005) that amend F.S.97.051, which
pertains to the oath used to register to vote;

4.  Chapter 277, Section 4 (2005) and Chapter 278, Section 5 (2005) that amend F.S. 97.052, which
pertains to the uniform statewide voter registration application*;

5.  Chapter 277, Section 5 (2005) and Chapter 278, Section 6 (2005) that amend F.S. 97.053, which
pertains to acceptance of voter registration applications;

6. Chapter 277, Section 6 (2005), Chapter 278, Section 8 (2005), and Chapter 286, Section 3 (2005)
that amend F.S. 97.055, which pertains to the close ofregistration books for an election;

7. Chapter 277, Section 7 (2005) that amends F.S. 97.0575, which pertains to third party voter
registration;

8. Chapter 277, Section 8 (2005), Chapter 278, Section 12 (2005), and Chapter 286, Section 4 (2005)
that amend F.S. 97.071, which pertains to registration identification cards;

9. Chapter 277, Section 9 (2005) and Chapter 278, Section 18 (2005) that amend F.S. 98.045, which
pertains to the administration of voter registration*;

10. Chapter 277, Section 10 (2005) and Chapter 278, Section 22 (2005) that amend F.S. 98.077, which
pertains to the update of voter signatures;

11. Chapter 277, Section 11 (2005), Chapter 278, Section 51 (2005), and Chapter 286, Section 7
(2005) that amend F.S. 99.061, which pertains to the methods of qualifying for nomination or
election to federal, state, county or district office;

12.  Chapter 277, Section 12 (2005) and Chapter 286, Section 8 (2005) that amend F.S. 99.063, which
pertains to candidates for Governor and Lieutenant Governor;


..Case 8: 12-cv-01294-J OW-MAP   Document 22-4

Filed 07/27/12    Page 5 of 13 PagelD 210
0

 

 


Page -2-

 

13. Chapter 277, Section 13 (2005) that amends F.S. 99.092, which pertains to qualifying fees for
candidates;

14. Chapter 277, Section 14 (2005) and Chapter 286, Section 9 (2005) that amend F.S. 99.095, which
pertains to the petition process in lieu of a qualifying fee and party assessment;

15.  Chapter 277, Section 15 (2005) that amends F.S. 99.0955, which pertains to the place on the
ballot of candidates with no party affiliation;

16. Chapter 277, Section 16 (2005) that amends F.S. 99.096, which pertains to the place on the
ballot of minor political party candidates;

17. Chapter 277, Section 17 (2005) that amends F.S. 99.09651, which pertains to signature
requirements for ballot position in year of apportionment;

18. Chapter 277, Section 18 (2005) that amends F.S. 100.101, which pertains to the opening and
closing of polls;

19. Chapter 277, Section 19 (2005) that amends F.S. 100.101, which pertains to special elections
and special primary elections;

20. Chapter 277, Section 20 (2005) and Chapter 286, Section 13 (2005) that amend F.S. 100.111,
which pertains to filling vacancies;

21. Chapter 277, Section 21 (2005) and Chapter 286, Section 14 (2005) that amend F.S. 100.141,
which pertains to the notice of a special election to fill any vacancy inoffice;

22. Chapter 277, Section 22 (2005) that amends F.S. 101.031, which pertains to the instructions for
electors;

23. Chapter 277, Section 23 (2005) and Chapter 278, Section 30 (2005) that amend F.S. 101.043,
which pertains to identifications required at polls, provided that as set forth in your letter
dated August 24, 2005, provisional ballots voted by persons who fail to present identification will
be counted if the canvassing board finds that the signature on the voter certificate matches the
signature on the voter registration record;

24. Chapter 277, Section 24 (2005) and Chapter 278, Section 32 (2005) that amend F.S. 101.048,
which pertains to provisional ballots;

25. Chapter 277, Section 25 (2005) that amends F.S. 101.049, which pertains to provisional ballots
under special circumstances;


,Case 8: 12-cv-01294-JDW-MAP    Document 22-4
0

Filed 07/27/12    Page 6 of 13 PagelD 211
0

 

 


Page -3-


26. Chapter 277, Section 26 (2005) that amends F.S. 101.051, which pertains to electors seeking
assistance in casting ballots;

27. Chapter 277, Section 27 (2005) that amends F.S. 101.111, which pertains to challenges to
voters;

28. Chapter 277, Section 28 (2005) that amends F.S. 101.131, which pertains to pollwatchers;

29. Chapter 277, Section 29 (2005) that amends F.S. 101.151, which pertains to the specifications
for ballots;

30. Chapter 277, Section 30 (2005) that amends F.S. 101.171, which pertains to the availability of
a copy of proposed constitutional amendments at voting locations;

31. Chapter 277, Section 31 (2005) that amends F.S. 101.294, which pertains to the purchase and
sale of voting equipment;

32. Chapter 277, Section 32 (2005) that amends F.S. 101.295, which pertains to penalties for
violation of Sections 101.292 - 101.295;

33. Chapter 277, Section 33 (2005) that amends F.S. 101.49, which pertains to the procedure of
election officers where signatures differ;

34. Chapter 277, Section 34 (2005) that amends F.S. 101.51, which pertains to requirement for the
elector to occupy the voting booth alone;

35. Chapter 277, Section 35 (2005) that amends F.S. 101.5606, which pertains to the requirements
for approval of voting systems;

36. Chapter 277, Section 36 (2005) that amends F.S. 101.5608, which pertains to voting by
electronic or electromechanical methods;

37. Chapter 277, Section 37 (2005) that amends F.S. 101.5612, which pertains to the testing of
tabulation equipment;

38. Chapter 277, Section 38 (2005) that amends F.S. 101.5614, which pertains to the canvass of
returns;

39.  Chapter 277, Section 39 (2005) that amends F.S. 101.572, which pertains to public inspection
of ballots;



0

Page -4-


40. Chapter 277, Section 40 (2005) that amends F.S. 101.58, which pertains to supervising and
observing the voter registration and election processes;

41. Chapter 277, Section 41 (2005) that amends F.S. 101.595, which pertains analysis and reports of
voting problems;

42. Chapter 277, Section 42 (2005) that amends F.S. 101.6103, which pertains to the mail ballot
election procedure;

43. Chapter 277, Section 43 (2005), Chapter 278, Section 37 (2005), and Chapter 286, Section 16
(2005) that amend F.S. 101.62, which pertains to requests for absentee ballots;

44. Chapter 277, Section 44 (2005) and Chapter 278, Section 38 (2005) that amend F.S. 101.64, which
pertains to the delivery of absentee ballots and envelopes;

45. Chapter 277, Section 45 (2005) and Chapter 278, Section 39 (2005) that amend F.S. 101.657,
which pertains to early voting;

46. Chapter 277, Section 46 (2005) and Chapter 278, Section 40 (2005) that amend F.S. 101.663,
which pertains to the change of residence of an elector;

47. Chapter 277, Section 47 (2005) that amends F.S. 101.68, which pertains to canvassing absentee
ballots;

48. Chapter 277, Section 48 (2005) that amends F.S. 101.69, which pertains to voting in person and
the return of absentee ballots;

49. Chapter 277, Section 49 (2005) and Chapter 278, Section 42 (2005) that amend F.S. 101.6923,
which pertains to special absentee ballot instructions for certain first time voters;

50. Chapter 277, Section 50 (2005) that amends F.S. 101.5694, which pertains to the mailing of
ballots upon receipt of federal postcard application;

51. Chapter 277, Section 51 (2005) that amends F.S. 101.697, which pertains to the electronic
transmission of election materials;

52. Chapter 277, Section 52 (2005) and Chapter 278, Section 43 (2005) that amend F.S. 102.012,
which pertains to the inspectors and clerks who conduct the election;

53. Chapter 277, Section 53 (2005) and Chapter 286, Section 17 (2005) that amends F.S. 102.014,
which pertains to pollworker recruitment and training;


.Case 8: 12-cv-01294-JDW-MAP    Document 22-4
0

Filed 07/27/12    Page 8 of 13 PagelD 213
0

 

 


Page -5-


54. Chapter 277, Section 54 (2005) that amends F.S. 102.031, which pertains to the maintenance of
good order at the polls;

55. Chapter 277, Section 55 (2005) that amends F.S. 102.071, which pertains to the tabulation of
votes and proclamation of results;

56. Chapter 277, Section 56 (2005) that amends F.S. 102.111, which pertains to the Election
Canvassing Commission;

57. Chapter 277, Section 57 (2005) that amends F.S. 102.112, which pertains to the deadline of
submission of county returns to the Department of State;

58. Chapter  77, Section 58 (2005) that amends F.S. 102.141, which pertains to the duties of the
county canvassing board*;

59. Chapter 277, Section 59 (2005) that amends F.S. 102.166, which pertains to manual recounts;

60. Chapter 277, Section 60 (2005) that amends F.S. 102.168, which pertains to contest of an
election;

61. Chapter 277, Section 61 (2005) and Chapter 286, Section 18 (2005) that amend F.S. 103.021,
which pertains to nomination for presidential electors;

62. Chapter 277, Section 62 (2005) that amends F.S. 103.051, which pertains to establishment of
meeting dates and times for presidential electors;

63. Chapter 277, Section 63 (2005) that amends F.S. 103.061, which pertains to the meeting of
electors and filling of vacancies;

64. Chapter 277, Section 64 (2005) that amends F.S. 103.121, which pertains to the powers and
duties of party executive committees;

65. Chapter 277, Section 65 (2005) and Chapter 286, Section 21 (2005) that amend F.S. 105.031,
which pertains to the items to be filed for candidate qualification;

66. Chapter 277, Section 66 (2005) that amends F.S. 105.035, which pertains to the petition
process;

67. Chapter 277, Section 67 (2005) that amends F.S. 106.022, which pertains to the appointment and
duties of a registered agent;

 

 

 


Page -6-


68. Chapter 277, Section 68 (2005) and Chapter 278, Section 46 (2005) that amend F.S. 106.08, which
pertains to limitations on contributions;

69. Chapter 277, Section 69 (2005) that amends F.S. 106.24, which pertains to the membership,
powers and duties of the Florida Election Commission;

70. Chapter 277, Section 70 (2005) that amends F.S. 106.141, which pertains to the disposition of
surplus funds by candidates;

71. Chapter 277, Section 71 (2005) which transfers and renumbers F.S. 98.122 as 106.165;

72. Chapter 277, Section 72 (2005) that amends F.S. 106.22, which pertains to the duties of the
Division of Elections;

73. Chapter 277, Section 73 (2005) that amends F.S. 16.56, which pertains to the Office of
Statewide Prosecution;

74. Chapter 277, Section 74 (2005) that amends F.S. 119.07, which pertains to the inspection and
copying of ballots;

75. Chapter 277, Section 75 (2005) that amends F.S. 145.09, which pertains to the Supervisor of
Elections*;

76. Chapter 277, Section 76 (2005) that amends F.S. 104.0615, which pertains to the suppression and
prohibition of vote intimidation and creates the Voter Protection Act;

77. Chapter 277, Section 77 (2005) the repeal Sections 98.095, 98.0979, 98.181, 98.481,
101.253, 101.635, 102.061, 106.085, and 106.144;

78. Chapter 278, Section 3 (2005) that amends F.S. 97.026, which pertains to election forms to be
available in alternative formats and via the internet;*

79.  Chapter 278, Section 7 (2005) that amends F.S. 97.0535, which pertains to special requirements
for certain voter registration applicants;

80. Chapter 278, Section 9 (2005) that amends F.S. 97.057, which pertains to voter registration by
the Department of Highway Safety and Motor Vehicles;

81.  Chapter 278, Section 10 (2005) that amends F.S. 97.058, which pertains to voter registration
agencies*;


. .Cas 8: 12-cv-01294-JDW-MAO Document 22-4  Filed 07/27/12  Page 10 of 13 PagelD 215
0

Page -7-


82. Chapter 278, Section 11 (2005) that amends F.S. 97.061, which pertains to special registration
for electors requiring assistance*;

83. Chapter 278, Section 13 (2005) that amends F.S. 97.073, which pertains to the disposition of
voter registration applications;

84. Chapter 278, Section 14 (2005) and Chapter 286, Section 5 (2005) that amend F.S. 97.1031, which
pertains to the notice of change of residence, change of name or change or party affiliations;

85. Chapter 278, Section 15 (2005) that amends F.S. 97.105, which pertains to the establishment of
a permanent single registration system;

86. Chapter 278, Section 16 (2005) that amends F.S. 98.015, which pertains to the duties of the
supervisor of elections;

87. Chapter 278, Section 17 (2005) that amends F.S. 98.035, which pertains to the statewide voter
registration system*;

88. Chapter 278, Section 19 (2005) that amends F.S. 98.065, which pertains to registration list
maintenance program;

89. Chapter 278, Section 20 (2005) that amends F.S. 98.075, which pertains to voter registration
records maintenance activities*;

90. Chapter 278, Section 21 (2005) that amends F.S. 98.0755, which pertains to the appeal of a
determination of ineligibility;

91. Chapter 278, Section 23 (2005) and Chapter 286, Section 6 (2005) that amend F.S. 98.081, which
pertains to names removed from the statewide voter registration system;

92. Chapter 278, Section 24 (2005) that amends F.S. 98.093, which pertains to the duty of officials
to furnish lists of deceased persons, persons adjudicated mentally incapacitated, and person
convicted of a felony;

93. Chapter 278, Section 25 (2005) that amends F.S. 98.0981, which pertains to the statewide voter
registration database;

94.  Chapter 278, Section 26 (2005) that amends F.S. 98.212, which pertains requirements for the
Department of State and county supervisors to furnish statistical and other information regarding
election results and voter registration;

 

 

 


Page -8-


95. Chapter 278, Section 27 (2005) that amends F.S. 98.461, which pertains to the contents of the
voter registration application and precinct register;

96. Chapter 278, Section 28 (2005) that amends F.S. 100.371, which pertains to the placement of
initiatives on ballots;

97. Chapter 278, Section 29 (2005) that amends F.S. 101.001, which pertains to precinct boundaries
and polling places;

98. Chapter 278, Section 31 (2005) that amends F.S. 101.045, which pertains to the requirement that
electors be registered in a precinct and provisions for residence or name changes;

99. Chapter 278, Section 33 (2005) that amends F.S. 101.161, which pertains to ballots for
referenda;

100. Chapter 278, Section 34 (2005) that amends F.S. 101.56062, which pertains to the standards for
accessible voting systems;                                                                      '

101. Chapter 278, Section 35 (2005) that amends F.S. 101.5608, which pertains to procedures for
voting by electronic or electromechanical methods*;

102. Chapter 278, Section 36 (2005) that amends F.S. 101.573, which pertains to the record of
election results, by precinct*;

103. Chapter 278, Section 41 (2005) that amends F.S. 101.6921, which pertains to the delivery of
special absentee ballots to certain first time voters;

104. Chapter 278, Section 44 (2005) that amends F.S. 104.013, which pertains to the unauthorized
use, possession or destruction of voter information cards;

105. Chapter 278, Section 45 (2005) that amends F.S. 106.0705, which pertains to the electronic
filing of campaign treasurer's report;

106. Chapter 278, Section 47 (2005) that amends F.S. 106.33, which pertains to election campaign 
financing;

107. Chapter 278, Section 48 (2005) that amends F.S. 106.34, which pertains to campaign expenditure
limits;

108.  Chapter 278, Section 49 (2005) that amends F.S. 196.141, which pertains to the duty of the
property appraiser in cases of homestead exemptions;


.Case 8: 12-cv-01294-JDW-MAP    Document 22-4

Filed 07/27/12    Page 12 of 13 PagelD 217
0

 

 


Page -9-


109.  Chapter 278, Section SO (200S) that amends F.S. 120.54, which pertains to rulemaking*;

110.  Chapter 278, Section S2 (200S) that amends F.S. 322.142, which pertains to color photographic
or digitally imaged licenses;

111. Chapter 278, Section S3 (200S) that creates a new law, which pertains to violations of
absentee ballot and voting laws;

112. Chapter 278, Section S4 (2005) that repeals Subsection 1 of F.S. 104.047, which pertains to
the electronic filing of campaign treasurer's report;

113.  Chapter 278, Section SS (2005) that repeals Sections 98.055, F.S., relating to voter
registration list maintenance forms;  98.095, F.S., relating to county voter  registers;  98.0977,
F.S., relating to the statewide voter registration database and its operation and maintenance;
98.0979, F.S., relating to inspection of the statewide voter registration database; 98.101, F.S.,
relating to specifications for permanent registration binders, files, and forms;  98.181, F.S.,
relating to duty of the supervisor of elections to make up indexes or records; 98.231, F.S.,
relating to duty of the supervisor of elections to furnish the department with the number of
registered electors; 98.451, F.S., relating to automation in processing voter registration data;
98.481, F.S., relating to challenges to electors;  101.635, F.S., relating to distribution of
blocks of printed ballots;

114. Chapter 279, Section 1 (2005) that amends F.S. 97.0585, which pertains to public record
exemptions and information regarding voters;

115.  Chapter 279, Section 2 (2005) that amends F.S. 741.465, which pertains to public record
exemptions for the Address Confidentiality Program for Victims of Domestic Violence;

116. Chapter 286, Section 1 (200S) that repeals F.S.100.091 and 100.096, which pertains to the
second primary election;

117.  Chapter 286, Section 10 (2005) that amends F.S. 99.103, which pertains to the Department of
State's remittance of a portion of the filing fee and party assessment of candidates;

118. Chapter 286, Section 11 (2005) that amends F.S. 100.061, which pertains to primary elections;

119. Chapter 286, Section 12 (2005) that amends F.S. 100.081, which pertains to nomination of
county commissioners at the primary election;


ase 8:12-cv-01294-JDW-MAP    Document 22-4    Filed 07/27/12   Page 13 of 13 PagelD 218

 

 

Page -10-


120. Chapter 286, Section 15 (2005) that amends F.S. 101.252, which pertains to the candidates that
are entitled to have their names printed on the ballot;

121. Chapter 286, Section 19 (2005) that amends F.S. 103.022, which pertains to write in candidates
for President and Vice President;

122. Chapter 286, Section 20 (2005) that amends F.S. 103.091, which pertains to political parties;

123. Chapter 286, Section 22 (2005) that amends F.S. 105.041, which pertains to the form of
ballots;

124. Chapter 286, Section 23 (2005) that amends F.S. 105.051, which pertains to determinations of
election or retention to an office;

125. Chapter 286, Section 24 (2005) that amends F.S. 106.07, which pertains to reports of
contributions;

126. Chapter 286, Section 25 (2005) that amends F.S. 106.08, which pertains limitations on
contributions;

127. Chapter 286, Section 26 (2005) that amends F.S. 106.29, which pertains to reports on
contributions and expenditures by political parties.

128. Chapter 278, Section 46 (2005) that amends F.S. 106.8, which pertains to campaign finance
contribution limitations.


* Includes enabling legislation


Case 8:12-cv-01294-JDW-MAP   Document 22-5    Filed 07/27/12   Page 1 of 7 PageID 219

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 2a


Case 8:12-cv-01294-JDW-MAP

Page STlt/N         SSJON
NO.  2/J[ (   21 2

 

 

 

 


RICK SCOTT
Governor

 

 

f LORJ DA DEPARTMENT  orSTATE

 

 

 

 


KURT S. BROWNING
Secretary of State

 

 

 

 

 

 

June 8, 2011

 

 

 

 

 

 

 


Mr. Chris Herren
Chief, Voting Section, Civil Rights Division
United States Department of Justice, Room 7254-NWB 1800 G Street, N.W.
Washington, DC 20530

 

 

 

 

 

 

 

 

 

..o

 

 

 

 

 

 

 

 

 

 


· ,-.,

 

 

 

 

 

 

 

 

 

 

 


RE: Preclearance submissionfor chapter 2011-40, Laws of Floridrz (CS/CS/HB 1355)

Dear Mr. Herren:

 

 

 

 

 

 

 

 

 

 

 

--
·-,.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pursuant to section 5 of the Voting Rights Act, as amended, we submit for review and preclearance
chapter 2011-40, Laws of Florida (CS/CS/ HB 1355) ("An act relating to elections...''). This law
amends several provisions of the Florida Election Code, which encompass chapters 97 through 106 of
the Florida Statutes. This legislation became law on May 19, 2011.

This submission is made by the Secretary of State on behalf of the five Florida counties (Collier,
Hardee, Hendry, Hillsborough and Monroe) that are required to obtain preclearance before
implementing any new standard, practice, or procedure that affects voting (the "preclearance
counties").

We seek your determination that chapter 2011-40, Laws of Florida, does not have the purpose or
effect of denying or abridging the right to vote on account or race, color, or language minority
group.

This submission accompanying this letter follows the format of 28 C.F.R. section 51.27. We
respectfully request that any correspondence regarding this submission include the record file
number assigned by the Department of Justice in order for us to better track this file. Should you
require any additional inf ormation to complete your review, please do not hesitate to ask.

 

 

 


R. A. Gray Building • 500 South Bronough Street  • Tallahassee, Florida 32399-0250 Telephone: 
(850) 245-6536  •  Facsimile:  (850) 245-6127
www.dos .state.fl.us


Case 8:12-cv-01294-JDW-MAP    Document 22-5    Filed 07/27/12   Pa_@ 3 of 7 PagelD 221
PRECLEARANCE SUBMISSION: CHAPTER 2011-40, LAWS OF FLORIDA

In accordance with the format in 28 C.F.R. section 51.27, and on behalf of Collier, Hardee, Hendry,
Hillsborough and Monroe Counties, the Florida Department of State submits the following materials 
related to chapter 2011- 40, Laws of Florida. The underlying bill was Committee Substitute for
Committee Substitute for House Bill 1355 ("CS/ CS/ HB 1355").

a)  A copy of the law embodying change aff ecting voting.

Exhibit A contains a copy of chapter 2011-40, Laws of Florida, which is also available at:
http:/ /laws.flrules.org/2011/ 40

b)  A copy of the law embodying voting practice that is proposed to be repealed, amended, or
otherwise changed.

Exhibit B consists of the Florida Election Code (chapters 97-106, Florida Statutes) which is
available by searchable online link at:
http:/ /election.cl os.state.fl. us I publications /pdf / 2010 / 201OElectionLaws. pdf
Exhibit B also includes sections 112. 312, 876.05, and 876.07, Florida Statutes, which were amended
by chapter 2011-40, Laws of Florida, but are codified outside the Florida Election Code.

c)   Statement of the change explaining the diff erence between the submitted change and the prior
law or practice.

Exhibit C is a compilation of legislative materials relating to CS/ CS/ HB 1355 which is also
available online at:

•  The Florida House and Senate bill history and the Florida House staff analysis:
http: I I www.myfloridahouse.gov ISections I Bills I billsdetail.aspx?Billid =46543&Sessionlndex=-
l&Sessionld =66& Bil1T ext=& Bil1N umber= 1 355&Bil1Sponsor lndex=O&Bil1Listlndex=O&Bi11StatuteT
ext=&BillT ypelndex=O&BillReferredlndex=O&HouseChamber=H&Bil! Searchlndex=O

•  The Florida Senate 2011 End-of-Session Bill Summary:
http:/  / www.flsenate.gov/Committees/Bil1 Summaries/2011/html/1355EE
•  The Florida House 2011 End-of Session Bill Summary:
http: t t www.myfloridahouse.gov I Sections t Documents t loaddoc.aspx?Publica
tionType=Session&Committe
eld=&Session=201 l&DocumentType=End   of Session Summaries&FileName=201 1End Of Session Summary.pdf

Exhibit D consists of the Senate bill history and staff analysis for CS/CS/HB 2086 which was the
Senate companion to CS/ CS/ HB 1355 and laid on the table for that bill. The materials may be helpf
ul for explaining differences that are not otherwise addressed in the staff analysis for CS/ CS/ HB
1355 but which became a part of the bill in the final days.   http:( (www.flsenate.gov
(Session(Bill/2011/ 2086

Exhibit E is a section-by-section description of chapter law 2011-40, Laws of Florida, prepared by
the Department of State.


Case 8:12-cv-01294-JDW-MAP    Document 22-5    Filed 07/27/12   Page 4 of 7 PagelD 222
d) The name, title, address, and telephone number of the person making the submission:

Secretary Kurt S. Browning Florida Department of State RA. Gray Building,
500 S. Bronough Street Tallahassee, Florida 32399-0250
(850) 245-6200

e)  The name of the submitting authority and the name of the jurisdiction for the change.

The Florida Department of State submits this request on behalf of the five designated preclearance
counties in Florida: Collier, Hardee, Hendry, Hillsborough, and Monroe.

f)   Name of county and state submitting this request.

See response to paragraph e).

g) Identification of the person or body responsible for the change and mode of decision.

The 2011 Florida Legislature acted pursuant to its authority to legislate. See ss. 6 and 7, Article
Ill, Florida Constitution. Legislation may originate in either chamber. On May 6, 2011, the House
of Representatives and the Senate, passed CS/CS/ HB 1355 by the constitutionally mandated majority
vote. Af ter the bill was signed by each of the presiding officer in each house and by the
Secretary of the Senate and the clerk of the House of Representatives, the bill was presented to
the Governor on the same day. The Governor signed the bill into law within 15 days of receiving the
bill and the bill became law on May 19, 2011. See section 8 of Article III of the Florida
Constitution.

Link to searchable online database to Florida Constitution-
http :l/www.leg.state.fl.us/S tatutes/index. cfm ?M ode= Cons titu tion&Submenu =3&Tab=s ta tu
tes&CFID= 2084 78549& CFTOKEN=66662854#  A3506

h)  Statement identif ying the statutory or other authority under which the jurisdiction undertakes
the change and description of procedures to follow in deciding to undertake  change.

The Secretary of State is the state's chief elections officer. See section 97.012, Florida
Statutes. The actual conduct of the elections is the constitutional and statutory responsibility of
the 67 county supervisors of elections who are constitutionally elected officers (with the
exception of Miami-Dade County's Supervisor, who is appointed). See section 1, article VIII,
Florida Constitution. Their duties are set forth throughout the Florida Election Code, but
primarily in section 98.015, Florida Statutes.

See also section 1, article VIII, Fla. Const.
http:/    /  
www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes&CFID=208533739&C
FTOKEN=70920111#AB
See link to searchable Florida Election Code
http:/ / election.dos.state.fl. us I publications I pdf / 2010/ 201OElectionLaws. pdf


Case 8:12-cv-01294-JDW-MAP    Document 22-5    Filed 07/27/12   Page 5 of 7 PagelD 223
i)   The date of adoption of the change aff ecting voting.

Except as otherwise expressly stated in chapter 2011-40, Laws of Florida, most of the provisions
became effective on May 19, 2011, when the bill was signed into law. See section 80 of chapter
2011-40, Laws of Florida.

j)  The date on which the change is to take eff ect. See response to paragraph i).
k) A statement that the change has not yet been enf orced or administered, or an explanation of why
such a statement cannot be made.

The changes have not yet been enforced or administered in the five Florida counties subject to
preclearance under Section 5 of the Voting Rights Act.

At this time, elections are scheduled as follows for the preclearance counties: Collier County:
November 22, 2011 - City of Everglades
Hardee: None for remainder of 2011 Hendry: None for remainder of 2011 Hillsborough: None for
remainder of 2011 Monroe:  October 4, 2011- City of Key West
November 8, 2011 - City of Layton and City of Marathon

1)   Where the change will aff ect less than the entire jurisdiction, explain scope.

The changes aff ect all 67 counties in Florida, including the five preclearance counties.

m) Statement of the reasons for change.

Exhibit F contains the general and specific links to the chronological listing of audiovisual or
audio podcasts or recordings of the committee meetings and floor sessions that related to CS/ CS/
HB 1355.
•  http:l lwww.myfloridahouse.gov ISectionslPodCastslPodCasts.aspx 
• http: 11www .myfloridahouse.gov ISectionslHouseCalendar lbroadcast.aspx
•  http:l lwww.flsenate.gov IMedialVideoslSessionll

•   April 1, 2011: House Government Operations Subcommittee­
http:// www.myfloridahouse.gov IFileStoreslAdHoc1 PodCastsl04   01  20111Government  Operations 
2011   04 01.mp3
Link to meeting package, see page 8-
<http: 11www.myfloridahouse.gov I Sections I Documents I loaddoc.aspx
?PublicationType=Committees&Committ  eeld=2622&Session=201 1 &DocumentType= Action
%20Packets&FileName=Gov%200ps %20Sub%204-1-2011 .pdf

•   April 14, 2011: House S tate Affairs Committee-
http:// www.myfloridahouse.gov IFileStoreslAdHoclPodCastsl04  1 4 2011/State Affairs 2011 04 1
4.mp3
Link to meeting package, see page 20-
<http: 11www .myfloridahouse.gov ISections I Documents I loaddoc.aspx?Publication
Type=Committees&Committ  eeld=2589&Session=201 1 &DocumentType= Action% 20Packets&FileName=State
%20Affairs %20Action %20Packet%  20-%2004-1 4-11.pdf> - Pg 20


Case 8:12-cv-01294-JDW-MAP    Document 22-5    Filed 07/27/12   Page 6 of 7 PagelD 224
•  April 20, 2011: House Floor session-
<http://streams.Ieg.state.fl.us/archive/HIGH/H   HSES  2011 04  20  8711.asx>  - Bill starts at 4
hours 17 min. Lasts until the end of video.

•  April 21, 2011: House Floor debate (passage )­
http://streams.leg.state.fl.us/ archive/HIGH/H   HSES   2011 04  21 8718.asx

•  M ay 4, 2011: Senate Floor debate-
<http://streams.leg.state.fl.us/archive/HIGH/S  SSES 2011 05 04 881 8.asx> - - Bill starts at the
beginning. Lasts until around 1hour 29 min.

• May 5, 2011: Senate Floor debate (passage with amendments; back to House)
http://streams.leg.state.fl.us/  archive/ MBR/S   SSES   2011   05   05  8823.asx
http://streams.leg.state.fl.us/  archive/ MBR/S   SSES   2011   05  05  8824.asx

•  May 5, 2011: House Floor debate-( final passage)
http://streams.leg.state.fl.us/archive/MBR/H    HSES  2011  05  05  8825.asx


n) A statement of the anticipated eff ect of the change on members of racial or language
minorities.

The 2011legislative changes to the Florida Election Code will apply equally to all voters,
regardless of racial or language minority status.

o)  A statement identif ying any past or pending litigation concerning the change or related voting
practices.
On June 3, 2011, a lawsuit was filed in the United States District Court for the Southern
District of Florida seeking an injunction to prevent implementation of Chapter 2011-40, Laws of
Florida, in any of Florida's 67 counties, until preclearance has been obtained for the five
counties subject to Section 5 of the Voting Rights Act, as amended. See Sullivan v. Browning, Civ.
No. 1:11-cv-10047-KMM.

As stated in paragraph k, above, the changes to voting practices and procedures contained in
Chapter 2011-40, Laws of Florida, have not been enforced or administered in the five preclearance
counties, nor will these changes be enforced or administered in these counties pending
preclearance.

p)  A statement that the prior practice has been precleared.

The elections legislation revises existing provisions that have been precleared at various times in
the past. However, the legislation also creates some new provisions for which this submission
represents a first-time preclearance review.

q) For redistricting and annexations: the items listed under s. 51.28(a)(l) and (b)(l); for
annexations only, the items listed under s. 51.28(c)(3).

Not applicable.


Cae 8:12-c\(-n0f1294-J.DW-MA   Dofcumerit 22;-5    Filed 07/27/12   Page 7 of 7 PagelD 225
rJ    Otfier 1     ormahon required   or evaluation.

Exhibit G contains 2008 and 2010 General Elections Demographics and Voting History for the five
preclearance counties in a tab-delimited format.


Case 8:12-cv-01294-JDW-MAP   Document 22-6    Filed 07/27/12   Page 1 of 45 PageID 226

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 2b


Case  8: 12-cv-01294-JOW-MAP

 

 

 


CHAPTER 2011-40

Committee  Substitute  for Committee  Substitute for House Bill No. 1355

An act relating to elections; amending s. 97.012, F.S.; expanding the list of responsibilities of
the Secretary of State when acting in his or her capacity as chief election officer; amending s.
97.021, F.S.; redefining the term "minor political party"; amending s. 97.025, F.S.; replacing a
requirement for the Department of State to print copies of a pamphlet containing the Election Code
with a requirement that the pamphlet be made available; amending s. 97.0575, F.S.; requiring that
third-party voter registration organizations register with the Division of Elections and provide
the division with certain information; requiring that the division or a super­ visor of elections
make voter registration forms available to third-party v:oter registration organizations; requiring
that such forms contain certain information; requiring that the division maintain a database of
certain information; requiring supervisors of elections to provide specified information to the
division in a format and at times required by the division; requiring that such information be
updated and made public daily at a specified time; requiring third-party voter registration
organizations to deliver collected voter registration applications within a specified period;
revising penalty provisions to conform; specifying grounds for an affirmative defense to a
violation of timely  submission requirements; providing for the referral of violations to the
Attorney General; authorizing the Attorney General to initiate a civil action; providing that an
action for relief may include a permanent or temporary injunction, a restraining order, or any
other appropriate order; requiring that the division adopt rules for specified purposes; providing 
for retroactive application of certain requirements applicable to third-party voter registration
organizations; deleting provisions providing for fines to be in addition to criminal penalties;
deleting provisions providing a continuing  appropriation  of the proceeds of fines; amending s.
97.071, F.S.; requiring that voter information cards contain the address of the polling place of
the registered voter; requiring a supervisor of elections to issue a new voter information card to
a voter upon a change in a voter's address of legal residence or a change in a voter's polling
place address; providing instructions for implementation by the supervisors of elections;  amending
s. 97.073, F.S.; requiring a supervisor to notify an applicant within 5 business days regarding
disposition of the voter registration applications; amending
s. 97.1031, F.S.; revising the methods by which a person must update his or her voter registration
due to a change of address; revising procedures for an elector to change his or her party
affiliation; requiring an elector to notify the supervisor of elections when the elector changes
his or her name; amending s. 98.075, F.S.; revising procedures for the removal of deceased persons
and other potentially ineligible persons from the statewide voter registration system; amending s.
98.093, F.S.; revising requirements for the Department of Corrections to provide the Department of
State with
1
CODING: Words striekeB are deletions; words underlined are additions.

Document 22-6   Filed 07/27/12   Page 2 of 45 PagelD 227

 

 

 

Ch. 2011-40                         LAWS  OF FLORIDA                         Ch. 2011-40

information relating to convicted felons; requiring the Florida Parole Commission to regularly
furnish data to the Department  of State relating to persons who have been granted clemency;
amending s. 98.0981, F.S.; providing timeframes and formats for voting history information to be
sent by the supervisors of elections to the department; providing timeframes and formats for voting
history information to be sent by the department to the President of the Senate, the Speaker of the
House of Representatives, and the respective minority leaders; requiring submission of
precinct-level information in a certain format by a time certain; amending s. 99.012, F.S.,
relating to restrictions on individuals qualifying for public office; providing that if a final
court order determines that a person did not comply with specified provisions, the person is not
qualified as a candidate and his or her name may not appear on ballot; providing for
nonapplicability to presidential and vice presidential candidates; amending s. 99.021, F.S.;
revising the candidate oath requirement for a person seeking to qualify for nomination or election
or as a candidate of a political party; removing a requirement for the qualifying officer to
provide a printed copy of the candidate oath; removing a requirement for taking the public employee
oath; clarifying that candidates for Unites States President and Vice President need not subscribe
certain oaths; correcting references for other oaths; amending s. 99.061, F.S.; revising-the
timeframe for a candidate to pay a qualifying fee under certain circumstances; requiring checks to
be payable as prescribed by the filing officer; requiring signatures on certain oaths to be
verified; removing a requirement for a public employee oath; requiring the filing of a verified
notarized financial disclosure statement; clarifying the time for qualifying papers to be received;
providing that the qualifying officer performs a ministerial duty only; exempting a decision by the
qualifying officer from the Administrative Procedure Act; amending s. 99.063, F.S.; requiring a
candidate's oath to be verified; deleting a requirement  for a candidate  to file a loyalty  oath
with  the  Department of State by a certain date; amending s. 99.092, F.S.; providing for the
transfer of the election assessment to the Elections Commission Trust Fund; amending s. 99.093,
F.S.; providing for the election assessments paid by a person seeking to qualify for a municipal
office to be forwarded by the qualifying officer to the Florida Elections Commission; amending s.
99.095, F.S.; allowing a candidate to obtain the required number of signatures from any regiatered
voter regardless of district boundaries in a year of apportionment; amending s. 99.097, F.S.;
providing for the Department of State to adopt rules to verify petitions through random sampling;
creating exceptions for certain petitions from the authorization to use random sampling to verify
petitions; revising criteria that a supervisor of elections must use to determine whether a
petition may be counted as valid; providing that an exemption from paying fees to verify petitions
does not apply if a person has been paid to solicit signatures; providing that contributions
received after the filing of an undue burden oath must first be used to pay fees for verifying
petitions; amending s. 100.061, F.S.; increasing the time period between a primary election and a
general election; amending s. 100.101, F.S.; conforming a provision to changes made by the act;
amending s. 100.111, F.S.; deleting provisions
2
CODING: Words striekeft are deletions; words underlined are additions.


Case 8: 12-cv-01294-JOW-MAP    Document 22-6

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

relating to vacancies in a state  or county office because an incumbent qualified as a candidate
for federal office; providing for a filing officer, rather than the Department of State, to notify
a political party that it may nominate a person  for office if certain events cause the party to
have a vacancy in nomination; revising provisions relating to the filling  of a vacancy in a
nomination; deleting a defined term; providing that a vacancy in nomination is not created as the
result of certain court orders; amending
s. 100.371, F.S.; deleting provisions relating to a right to revoke a signature on an initiative
petition; reducing the time period for which a signed and dated initiative petition form is valid;
requiring an initiative sponsor to submit·an initiative form to the supervisor of elections for the
county of residence of the person signing the form for verification; providing procedures for
misfiled petitions; revising criteria for a supervisor of elections to verify a signature on an
initiative petition form; deleting provisions relating to petition signature revocations; amending
s. 101.001, F.S.; requiring the supervisors of elections to provide the department with precinct
data including specified infurmation; requiring the department to maintain a searchable database
containing certain precinct and  census block information; requiring supervisors of elections to
notify the depart­ ment of precinct changes within a specified time; deleting a waiver; amending s.
101.043, F.S.; replacing references to the word "voter" with "elector"; providing that the address
on an elector's identification may not be used to confirm or challenge an elector's legal
residence; providing that the elector may not be asked to provide additional information or to
recite his or her home address under certain  circumstances;  amending  s. 101.045, F.S.;
permitting a change of residence at the polling place for a person changing residence within a
county; providing that a person whose change of address is from outside the county may not change
his or her legal residence at the polling place or vote a regular ballot but may vote a provisional
ballot; providing an exception; amending s. 101.131, F.S.; revising procedures for the designation
of poll watchers; requiring that the Division of Elections prescribe a form for the designation of
poll watchers; providing conditions under which poll watchers are authorized to enter polling areas
and watch polls; requiring that a supervisor of elections provide identification to poll watchers
by a specified period before early voting begins; requiring that poll watchers display  such 
identification while in a polling place; amending s. 101.151, F.S.; authorizing the use of
ballot-on-demand technology to produce election-day ballots; deleting a requirement that the use of
such technology be authorized in writing by the Secretary of State; revising provisions relating to
ballot headings and the order of candidates appearing on a ballot; amending s. 101.161, F.S.;
requiring the Department of State to provide the supervisors of elections either a ballot summary
to a joint. resolution to amend the State Constitution or the full text of the amendment or
revision if a ballot summary is not included in the joint resolution; providing that a joint
resolution may include multiple ballot statements set forth in order of priority; providing
requirements for ballot statements; detailing respon­ sibilities of the Department of State with
respect to providing ballot information  to supervisors  of elections; prescribing  the styling of
ballot
3
CODING: Words stfteken are deletions; words                    are additions.

Filed 07/27/12   Page 3 of 45 PagelD 228

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

statements; specifying a time period and procedures to initiate an action to challenge an amendment
to the State Constitution proposed by the Legislature; requiring the court, including an appellate
court, to accord the case priority over other cases; requiring the Attorney General to revise a
ballot  title or ballot summary for an amendment proposed by the Legislature under certain
circumstances; providing a 10-day deadline and procedures for challenging revised ballot titles or
summaries; requiring the Department of State to forward modified ballot language to supervisors of
elections; creating a presumption of validity of a ballot statement that contains the full text of
an amendment or revision; providing for retroactive application of the amendments to s. 101.161,
F.S.; amending
s. 101.5605, F.S.; requiring an electromechanical voting system to satisfy the standards for
certification adopted by rule of the Department of State; amending s. 101.5606, F.S.; deleting
requirements for electromechanical voting systems to have the capability to produce precinct totals
in marked or punched form; amending s. 101.56075, F.S.; providing that all voting systems utilized
after a certain time shall permit placement on the ballot of the full text of a constitutional
amendment or revision; amending s. 101.5612, F.S.; revising the sample size of electromechanical
voting systems that include the electronic or electromechanical tabulation devices to be tested;
amending s. 101.5614, F.S.; deleting provisions relating to the use of ballot cards and write-in
ballots or envelopes; amending s. 101.591, F.S.; removing the audit requirement by the canvassing
board if a manual recount is undertaken; amending s. 101.62, F.S.; extending the validity of an
absentee ballot request to include all elections to the end of the calendar year of the second
ensuing regularly scheduled general election; revising the timeframe for supervisors to
electronically update absentee ballot request information; specifying types of elections for which
a supervisor of elections must send an absentee ballot to uniformed services voters and overseas
voters; specifying a time period during which a supervisor of elections must begin mailing absentee
ballots; removing requirements that an elector provide certain information when requesting an
absentee ballot from the county supervisor of elections; amending s. 101.65, F.S.; revising the
form of the instructions to absent electors; stating that an absentee ballot is considered illegal
if the signature on the voter's certificate does not match the signature on record; providing
instructions for updating a signature on a voter registration application; amending s. 101.657,
F.S.; requiring the supervisor of elections to provide to the division the address and hours of
operation of early voting sites; reducing the early voting period for elections with state or
federal races; removing timetables with respect to early voting in special elections; removing
restrictions with respect to daily hours of operation of early voting sites; authorizing a
supervisor of elections to provide early voting for elections not held in conjunction with a state
or federal election; amending s. 101.68, F.S.; extending the time for canvassing and processing
absentee ballots to 15 days before the election; amending s. 101.6923, F.S.; revising the form of
the special absent(le ballot instructions for certain first-time voters; stating that an absentee
ballot is considered illegal if the signature on the voter's certificate does not match the
signature on record; providing instructions
4
CODING: Words stfteken sre deletions; words                sre additions.


Case  8: 12-cv-01294-JOW-MAP

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                      Ch. 2011-40

for updating a signature on a voter registration application; amending s. 101.75, F.S.; deleting a
requirement for the dates of the qualifying period for certain municipal elections to run for no
less than 14 days; amending s. 102.141, F.S.; requiring the canvassing board to report all early
voting and all tabulated absentee results to the department by a time certain; requiring periodic
updates; amending s. 102.168, F.S.; revising provisions specifying indispensable parties in a
contest of an election; providing that in an election contest involving the review of a signature
on an absentee ballot by a canvassing board, a circuit court may not review or consider evidence
other than the signature on the voter's certificate and the elector's signatures in the
registration records; providing for the reversal of the determination by the canvassing board if
the court determines that the board abused its discretion; amending s. 103.021, F.S.; revising a
definition; creating s. 103.095, F.S.; providing a procedure for the registration of a minor
political party; requiring the Division of Elections to adopt rules to prescribe the manner in
which political parties may have their filings cancelled; amending s. 103.101, F.S.; creating a
Presidential Preference Primary Date Selection Committee; providing membership; requiring for the
committee to meet by a date certain and to set a date for the presidential preference primary;
modifying timing requirements with respect to the number and selection of delegates for
presidential preference primary candidates; deleting certain requirements governing party rules
involving such delegates; amending s. 103.141, F.S.; revising procedures for the removal of an
officer, .county committeeman, county committee­ woman, precinct committeeman, precinct
committeewoman, or member of a county executive committee; repealing s. 103.161, F.S., which
relates to the removal or suspension of officers or members of a state or county executive
committee; amending s. 104.29, F.S.; revising provisions authorizing persons to view whether
ballots are being correctly reconciled; amending s. 105.031, F.S.; revising the oath for candidates
for judicial office; amending s. 106.011, F.S.; revising the definitions of the terms
"contribution," "independent expenditure," "unopposed candidate," and "candidate"; conforming a
cross-reference to changes made by the act; amending s. 106.021, F.S.; deleting requirements to
report the address of certain persons receiving a reimbursement by a check drawn on a campaign
account; amending s.. 106.022, F.S.; requiring a political committee, committee of continuous
existence, or electioneering commu­ nications organization to file a statement of appointment with
the filing officer rather than with the Division of Elections; authorizing an entity to change its
appointment of registered agent or registered office by filing a written statement with the filing
officer; requiring a registered agent who resigns to execute a written statement of resignation and
file it with the filing officer; amending s. 106.023, F.S.; revising the form of the statement of
candidate to require a candidate to acknowledge that he or she has been provided access to and
understands the requirements of ch. 106, F.S.; amending s. 106.025, F.S.; exempting tickets or
advertising for a campaign fundraiser from requirements of s. 106.143, F.S.; amending s. 106.03,
F.S.; revising requirements for groups making expenditures for electioneering communications to
file a statement of organization; amending s. 106.04,
5
CODING: Words striekeR are deletions; words underlined are additions.

Document 22-6   Filed 07/27/12   Page 4 of 45 PagelD 229

 

 

 

 Ch. 2011-40                        LAWS  OF FLORIDA                        Ch.  2011-40

F.S.; transferring a requirement that certain committees of continuous existence file campaign
finance reports in special elections; subjecting a committee of continuous existence that fails to
file a report or to timely file a report with the Division of Elections or a county or municipal
filing officer to a fine; requiring a committee of continuous existence to include transaction
information from credit card purchases in a report filed with the Division of Elections; requiring
a committee of continuous existence to report changes in information previously reported to the
Division of Elections within 10 days after the change; requiring the Division of Elections to
revoke the certification of a committee of continuous existence that fails to file or report
eertain information; requiring the division to adopt rules to prescribe the manner in which the
certification is revoked; increasing the amount of a fine to be levied on a committee of continuous
existence that fails to timely file certain reports; providing for the deposit of the proceeds of
the fines; including the registered agent of a committee of continuous existence as a person whom
the filing officer may notify that a report has not been filed; providing criteria for deeming
delivery complete of a notice of fine; requiring a committee of continuous existence that appeals a
fine  to provide a copy of the appeal with the filing officer; amending s. 106.07, F.S.; creating
an exception for reports due in the third calendar quarter immediately preceding a general election
from a requirement that the campaign  treasurer  report  contributions  received and expenditures
made on the 10th day following the end of each calendar quarter; revising reporting requirements
for  a statewide candidate who receives funding under the Florida Election Campaign Financing Act
and candidates in a race with a candidate who has requested funding under that act; deleting a
requirement for a committee of continuous existence to file a campaign treasurer's report relating
to contributions or expenditures to influence the results of a special election; revising the
methods by which a campaign treasurer may be notified of the determination that a report is
incomplete to include certified mail and other methods using a common carrier that provides proof
of delivery of the notice; extending the time the campaign treasurer has to file an addendum to the
report after receipt of notice of why the  report is incomplete; providing criteria for  deeming
delivery complete of a notice of incomplete report; deleting a provision allowing for notification
by telephone of an incomplete report; revising the information that must be included in a report to
include transaction information for credit card purchases; deleting a requirement for a campaign
depository to return checks drawn on the account to the campaign treasurer; specifying the amount
of a fine for the failure  to timely file reports after a special primary election or special
election; specifying that the registered agent of a political committee is a person whom a filing
officer may notify of the amount of the fine for filing a late report; providing criteria for
deeming delivery complete of a notice of late report and resulting fine; amending s. 106.0703,
F.S.; deleting a require­ ment that an electioneering communications organization file electro­
nically file certain periodic reports with the Department of  State; amending s. 106.0705, F.S.;
requiring certain individuals to electronically file certain reports  with  the  Division  of
Elections;  conforming  a cross-
6
CODING: Words stAeken 8.re deletions; words underlined are additions.


Case 8: 12-cv-01294-JOW-MAP

 

 

 

Ch.2011-40                     LAWS OF FLORIDA                     Ch. 2011-40

reference to changes made by the act; deleting an obsolete provision; amending s. 106.08, F.S.;
deleting a requirement for the Department of State to notify candidates as to whether an
independent or minor party candidate has obtained the required number of petition signatures;
deleting a requirement for certain unopposed candidates to return contributions; specifying the
entities with which a political party's state executive committee and county executive committees
and affiliated party committees must file a written acceptance of an in-kind contribution; amending
s. 106.09, F.S.; specifying that the limitations on contributions by cash or cashier's check apply
to the aggregate amount of contributions to a candidate or committee per election; amending s.
106.11, F.S.; revising the statement that must be contained on checks from a campaign account;
deleting requirements  relating to the use of debit cards; authorizing a campaign for a candidate
to reimburse the candidate's loan to the campaign when the campaign account has sufficient funds;
amending s. 106.141, F.S.; deleting a limit on the amount of surplus funds that a candidate may
give to his or her political party; requiring candidates receiving public financing to return all
surplus funds to the General Revenue Fund after paying certain monetary obligations and expenses;
amending s. 106.143, F.S.; specifying disclosure statements that must be included in political
advertisements paid for by a write-in candidate; revising the disclosure statements that must be
included in certain political advertisements; clarifying the type of political advertisements that
must be approved in advance by a candidate; deleting an exemption from the requirement to obtain a
candidate's approval for messages designed to be worn; authorizing a disclaimer for paid political
advertise­ ments to contain certain registered names and abbreviations; amending s. 106.1437, F.S.;
providing that expenditures for a miscellaneous advertise­ ment are not considered to be a
contribution to or on behalf of a candidate and do not constitute an independent expenditure;
amending s. 106.17, F.S.; providing that the cost of certain polls are not contributions to a
candidate; amending s. 106.19, F.S.; providing that a candidate's failure to comply with ch. 106,
F.S., has no effect on whether the candidate has qualified for office; amending s. 106.25, F.S.;
authorizing a person who is the subject of a complaint filed with the Florida Elections Commission
to file a response before the executive director of the commission determines whether the complaint
is legally sufficient; prohibiting the commission from determining by rule what constitutes
willfulness or defining the term "willful"; authorizing the commission to enter into consent orders
without requiring the respondent to admit to a violation of law; authorizing an administrative law
judge to impose civil penalties for violations of ch. 104 or ch. 106, F.S.; amending s. 106.26,
F.S.; requiring the commission to enforce certain witness subpoenas in the circuit court where the
witness resides; amending s. 106.265, F.S.; authorizing an administrative law judge to assess civil
penalties upon a finding of a violation of the election code or campaign financing laws; providing
for civil penalties to be assessed against an electioneering communications organization; remov­
ing reference to the expired Election Campaign Financing Trust Fund; directing that moneys from
penalties  and fines be deposited into the
7
CODING: Words stfiekeft sre deletions; words                   sre addigons.

Document 22-6    Filed 07/27/12   Page 5 of 45 PagelD 230

 

 


Ch. 2011-40                       LAWS OF FLORIDA                       Ch. 2011-40

General Revenue Fund; amending s. 106.29, F.S.; creating an exemption from state reporting
requirements for certain contributions and expendi­ tures by political parties; requiring state and
county executive committees and affiliated party committees that make contributions or expenditures
to influence the results of a special election or special primary election to file campaign
treasurer's reports; amending campaign finance reporting dates, to conform; deleting a requirement
that each state executive committee file the original and one copy of its reports with the Division
of Elections; revising the due date for filing a report; providing criteria for deeming delivery
complete of a notice of fine; amending s. 106.35, F.S.; deleting a requirement that the Division of
Election adopt rules relating to the format and filing of certain printed campaign treasurer's
reports; amending s. 112.312, F.S.; excluding contributions or expenditures reported pursuant to
federal election law from the definition of the term "gift"; amending s. 112.3215, F.S.; excluding
contributions or expenditures reported pursuant to federal election law from the definition of the
term "expenditure"; amending s. 876.05, F.S.; deleting a requirement for all candidates for public
office to record an oath to support the Constitution of the United States and of the State of
Florida; repealing s. 876.07, F.S., relating to a requirement that a person make an oath to support
the Constitution of the United States and of the State of Florida in order to be qualified as a
candidate for office; providing for severability of the act; providing effective dates.

Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (16) is added to section 97.012, Florida Statutes, to read:
97.012 Secretary of State as chief election officer.-The Secretary of State is the chief election
officer of the state, and it is his or her responsibility to:
(16) Provide written direction and opinions to the supervisors of elections on the performance
oftheir official duties with respect to the Florida Election Code or rules adooted by the
Department of State.
Section 2.   Subsection (18) of section 97.021, Florida Statutes, is amended to read:
97.021 Definitions.-For the purposes of this code, except where the context clearly indicates
otherwise, the term:
(18)   "Minor political party" is any group as              deiffietl in
this stibseetioB which on January 1 preceding a primary election does not have registered as
members 5 percent of the total registered electors of the state.•\By gFellp of eiti•eBB aFgaBi•eil
fa• the geBel'lll pl!Fjlases of eleetiBg ta oltiee '!llalified peFSOBS ftftd determiftiftg pllblie
iasl!es rmile• the demoemtie p•oeesses of the Umted States mftj beeome a miBOF palitieal paFtj af
this state bj filiBg·,.ith the departmeBt a eertifieate she"iag the name of the
8
CODING: Words stfiekeft sre deletions; words                   sre additions.


Case  8: 12-cv-01294-JOW-MAP

 

 

 

Ch. 2011-40                         LAWS  OF FLORIDA                         Ch. 2011-40

ergam•atiea, the names ef its etm'eat effieers, iaelHdiag the membere ef its eneetive eemmittee,
aad a eepy ef its eeastitHtiea er bylaws. It shall be the dHty ef the miner pelitieal party te
aetify the department ef any ehaages ia the filing eertifieate within 0 days ef sHeh ehaages.
Section 3.    Section 97.025, Florida Statutes, is amended to read:
97.025 Election Code; copies thereof.-A pamphlet of a reprint of the Election Code, adequately
indexed, shall be prepared by the Department of State. The pamphlet shall made available It shall 
hw1e  a  sHffieieat BHmber ef these pamphlets IGRted sa that aae may be gi 1ea, Hpea •e<1est, to
each candidate who qualifies with the department. The pamphlet shall be made available iA,.
suffieient 1111mber ma) be sent to each supervisor, prior to the first day of qualifying, so that
fer distribHtieH, Hpea •e<1est, te each candidate who qualifies with the supervisor and te each
clerk of elections have  access  to  the  pamphlet.  The  cost  of making priHtiHg  the  pamphlets
available shall be paid out of funds appropriated for conducting elections.
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 . permanent address of the
organization.
(bl The name and address of the organfaation'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 registra­ tion forms available to
third-party voter registration organizations. All such forms must contain information  identifving 
the organization  to which  the forms are provided. The division shall 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
9
CODING: Words etrieken are deletions; words underlined are additions.

Document 22-6   Filed 07/27/12   Page 6 of 45 PagelD 231

 

 


Ch. 2011-40                         LAWS  OF FLORIDA                         Ch. 2011-40

division by rule. The division must update information on third-party voter registrations daily and
make the information publicly available.
(1)    Prier te engaging in any veter registratien  aetivities, a third party veter registration
aFg!lllizatien shall name a registered agent in the state !llld sHbmit ta the divisiea, ia a farm
adapted by the division, the name ef the registered agent and the name ef these iadi iidHals
respaasible fer the day ta day-eperation ef the third party-veter-registratiefrerg!lllfaatien,
inclHdiag, if applieable,  the names ef the entity's beard  ef direeters, president, viee
presideat,  managiag pa•taer,  er seh athe• iadi .idals eagaged  in similar dHties a• functieas. Oa
er befe•e the 10th day aftep the end ef eaeh ealendar lfdtuter, eaeh third party 'late•
Fegistratiaa a.ganizatian shall sllilmit ta the division a repart p•a tiding the date !llld
laeatian ef any a.gam•ed veter registratian  drives  eeadaeted  by the  ergaaizatian  in the pria•
ealendar

(2)  The failHPe te sHbmit the iHfermatiea reEjllired   sHbseetian (1) daes net sHlajeet the third
party veter registmtian  ergaai•atien te any civil a• criminal penalties fer sHeh failHFe, and the
failHre te sHhmit sHeh inferma tian is aat a basis fer deayiag sHeh thi•d party "ate• •egistmtiea
a•gaai•a tian with eepies ah ate• registratian applieatian farms.
(3Xl!.) A third-party voter registration organization that collects voter registration applications
serves as a fiduciary to the applicant, ensuring that any voter registration application entrusted
to the thi•d paFey , ater Fegist:mtiea organization,  irrespective  of party  affiliation,  race, 
ethnicity, or gender, shall be promptly delivered to the division or the supervisor of elections
within 48 hours after the applicant completes it or the next business day if  the  appropriate 
office  is  closed  for  that  48-hour  period.  If a  voter registration  application  collected 
by  any  third-party  voter   registration organization is not promptly delivered to the division
or  supervisor of elections, the third-party voter registration organization IB shall-be liable for
the following fines:
LW  A fine in the amount of $50 for each application received by the division or the supervisor of
elections more than 48 hours IQ-days after the applicant delivered the completed voter registration
application to the third­ party voter registration organization or any person, entity, or agent
acting on its behalf or the next business day if the office is closed. A fine in the amount of $250
for each application received if the third-party V2J&r registration organization or person, entity,
or agency acting on its behalf acted willfully.
2.fhl A fine in the amount of$100 for each application collected by a third­ party voter
registration organization or any person, entity, or agent acting on its behalf, before prieF-te
book closing for any given election for federal or state office and received by the division or the
supervisor of elections after the book-closing beak elssiag deadline for such election. A fine in
the amount of
$500 for each application received if the third-party registration organization or person, entity,
or agency acting on its behalf acted willfully.
10
CODING: Words strielreH are deletions; words underlined are additions.


Case 8: 12-cv-01294-JOW-MAP    Document 22-6

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

).l(e) A fine in the amount of$500 for each application collected by a third­ party voter
registration 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 any
application not submitted if the third­ party Yl!k!: registration organization or person, entity,
or agency acting on its behalf acted willfully.
The aggregate fine pursuant to this parngraph  sttbseetioll which may be assessed against a
third-party voter registration organization,  including affiliate organizations, for violations
committed in a calendar year illshall-be
$1,000.
(bl  A showing by the Biles !""',;dell iB this subseetian shall be red tieed thPee fuwths ill eases
iB "hieh the third-party voter registration organiza­ tion that the failure to deliver the voter
rel:istration application within the required    timeframe    is   based    upon    force   maieure
   or    impossibility   of performance  shall be an affirmative defense to a violation  of this
subsection has eOlflj3lied olith s'1hseetiall (1). The secretary IDll.l' ahall waive the fines
described in this subsection upon a showing that the failure to deliver the voter registration 
application  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 secretarv may refer the matter to the Attorney General for enforcement. The Attorney
General may institute a civil action for a yiolation 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 approoriate order

The division shall adopt by rule a form to elicit specific information concerning the facts and
circumstances from a person who claims to have been registered l!!....vl!te by a third-party voter
registration organization but who does not appear as an active voter on the voter registration
rolls. The division shall also adopt rules to ensure the integrity of the registration process
h1duding rules requiring third-party voter registra­ tion organizations to account for all state
and federal registration forms used by  their   restration   aaents    Such  rules  may   require  
an   omnization   to proyide organization and form specific identification  information on  each
form as determined by the department as needed to assist in the accountin of state and federal
registration forms.
(la) The division may in·1estigate any violation sf this seetian. Civil fines
shall*'issessede-divisiofrand enfareed thra..gh-aey ajljll'apriat&legal jlreeeediBgs.
{filW The date on which an applicant signs a voter registration application is presumed to be the
date on which the third-party voter registration organization received or collected the voter
registration applica­ tion.
11
CODING: Words &tf'ielreB are deletions; words                    are additions.

Filed 07/27/12   Page 7 of 45 PagelD 232

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

(7) The requirements of this section are retroactive for any third-party voter  registration  
organization  rel:istered   with  the  department  on   the effective date of this act. and must be
 complied  with  within  90 days after the department provides notice to the third-party voter  
registration organization of the requirements  contained in this section.  Failure  of the
third-party Voter registration  omanjzation  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  eivil  fines  jlFO'lided  in  this  seetian  are  in  addition  ta  any 8jljllieable
eflminal 1>enalties.

(7) Fines ealleeted jl\lF!Hlant ta this seetiall shall Jae aBB\lally ajljlFS 1>riated ey the
Legislattlre ta the de1>art1Rellt far enfureelflent af this seetian and fur  • eter ed\leatian.
(8)   The division may adajlt rules ta administer this seetian. Section 5.   Section 97.071,
Florida Statutes, is amended to read:
97.071  Voter information card.-
(1)  A voter information card shall be furnished by the supervisor to all registered voters
residing in the supervisor's county. The card must contain:
(a)   Voter's registration number.
(b)   Date of registration.
(c)   Full name.
(d)   Party affiliation.
(e)   Date of birth.
(fl Address oflegal residence.
(g)    Precinct number.
(hl   Polling place address.
ill\hl   Name of supervisor and contact information of supervisor.
filW Other information deemed necessary by the supervisor.
(2) A voter may receive a replacement voter information card by providing a signed, written request
for a replacement card  to a voter registration official. Upon verification of registration, the
supervisor shall issue the voter a duplicate card without charge.
12
CODING: Words strieken are deletions; words underlined are additions.


Case  8: 12-cv-01294-JOW-MAP

 

 

 

Ch. 2011·40                         LAWS  OF FLORIDA                         Ch. 2011-40

(3) In the case of a change of name, address of legal residence, polling place address or party
affiliation, the supervisor shall issue the voter a new voter information card.
Section 6. The supervisor must meet the requirements of section 5 of this act for any elector  who 
registers  to  vote  or  who  is  issued  a  new   voter information card pursuant to s. 97.071<21
or (3)  Florida Statutes  on or after Au st l 2012
Section 7. Subsetion (1) of section 97.073, Florida Statutes, is amended to read:
97.073    Disposition of voter registration applications; cancellation notice.
(1) The supervisor must notify each applicant of the disposition of the applicant's voter
registration application within 5 business days after voter registration  information  is  entered 
into  the  statewide  voter   registration system. The notice must inform the applicant that the
application has been approved, is incomplete, has been denied, or is a  duplicate of a current
registration. A voter information card sent to an applicant constitutes notice of approval of
registration. If the application is incomplete, the supervisor must request that the applicant
supply the missing information using a voter registration application signed by the  applicant. A
notice of denial must inform the applicant of the reason the application was denied.
Section 8. Subsections (1) and (2) of section 97.1031, Florida Statutes, are amended to read:
97.1031 Notice of change ofresidence, change of name, or change of party affiliation.-
(lK!!l   When an elector changes his or her residence address  the elector must notify the
supervisor of elections. Except as provided in paragraph (bl an address change must be submitted
using a voter registration application.

(b) If the address change is within the state and notice is provided to the supervisor of elections
of the county where the elector has moved the elector may do so by:
1 . Contacting the suoervisor  of  elections  via  telephone  or   electronic means in which case
the elector must provide his or lm.ulateofl>.irtb;....QI
2     Submitting  the  chang-e  on  a  voter  registration  appJication  or  other signed written
notice. meves Hem the address named en that person's veter regist•atisR •ees•Ei ts aRsthe•
aEIEl•ess·,, ithiR the same esRlry , the  elects• mest JlFBo ide Rstili.eatisR sf seh ms\ e ts the
sepetviss• sf eleetisRs sf that eseRty. The elects• may JlFBviEie the SliJleMSBF a sigsed, wFitteR 
nstiee er may Ratify the sepeF¥issr by telephsRe BF eleet•sRie means.  HsweveF, Rstili.eatisR ef
seeh msve ethe• thaR bj sigsed, ,,ritteR Rstiee mest iRelede the eleetsF's Elate sf biFth. ,\n
eleets• maj alss pre fide Rstili.eatisR ts sthe•
, ate• •egist•atis" slfieials as p•s .idea i" sebseetis" (2). ,A, , ate• iRfermatisR
13
CODING: Words strielteH are deletions; words underlined are additions.

Document 22-6    Filed 07/27/12   Page 8 of 45 PagelD 233

 

 


Ch. 2011-40                         LAWS  OF FLORIDA                         Ch.  2011-40

card relleetiRg the Rew iRfermatieR shall be issed ta the eleeter as previded iR  sseetieR  (3).
(2) When an elector meves frem the address Ramed ""that perssR's veter Fegistrntion recBFG to
GRotheF address ffi a Eiift"eFent CBllllty h..t withffi the state, the eleetor seeks to change
party affiliation, e• the Rame of aR eleeto• is ehangea by maffiage BF stheF iegal JlFOeess, the
elector shall notify his or her supervjsor  of  elections  or  other f1F87>iide natiee  ef saeh 
ehange  ta a  voter registration official by using a , ate• registFatisR applieatieR signed written
notice that contains the elector's date of birth or voter registration number by the eleete•. Wben
an elector changes his or her name by marriage  or other legal process   the elector shall notify
his or her supervisor of elections or other voter registration  official by using a signed written
notice that contains the elector's date of birth or voter's registration number. A-;ste•
infermatisR ea•Ei
•elleetiag the ne"  iRfermatisR shall he isseed ts the eleets• as JlFB .idea iR sabseetisR  (3).

Section 9. Subsections (3) and (6) of section 98.075, Florida Statutes, are amended  to read:
98.075   Registration records maintenance activities; ineligibility deter·
minations.-
(3)  DECEASED PERSONS.-
ifill. The department shall identify those registered voters who are deceased by comparing
information ea the lists sf deceased persoRs received from  either:
lh  The Department of Health as provided in s. 98.093;....QI.
b.   The United States Social Securitv Administration  including  but not limited to any master
death file or index compiled by the United   States Social Security Administration.           '
2.    Within  7  days  after YJl8ft receipt  of such information through  the statewide voter
registration  system, the supervisor shall remove the name of the registered voter.
(bl The supervisor shall remove the name of a deceased registered voter from the statewide voter
registration system noon receipt of a copy of a death certificate   issued   by   a   governmental 
 agency   authorized   to   issue   death  certificates

(6) OTHER BASES FOR INELIGIBILITY.- If the department or super­ visor receives information sthe•
thaR from the sources other than those identified in subsections (2)-(5) that a registered voter is
ineligible because he or she is deceased ad juc!icated  a convicted felon without having had his or
her civil rights restored. adjudicated mentally incapacitated without having had his or her voting 
rights restored does not meet the age  requirement pursuant to s. 97.041, is not a United States
citizen, is a fictitious person, or
14
CODING: Words stricken are deletions; words underlined are additions.


Case  8: 12-cv-01294-JOW-MAP

 

 

 

 Ch. 2011-40                        LAWS  OF FLORIDA                      Ch. 2011-40

has listed a residence that is not his or her legal residence, the supervisor
!!ll!lU shall adhere to the procedures set forth in subsection (7) prior to the removal of a
registered voter's name from the statewide voter registration system.
Section 10.   Section 98.093, Florida Statutes, is amended to read:
98.093 Duty of officials to furnish information relating to listlHif deceased persons, persons
adjudicated mentally incapacitated, and persons convicted of a felony.-
(!)  In order to identify ineligible registered voters and maintain eHffiH'e
the mainte1urnee sf accurate and current voter registration records in the

Document 22-6   Filed 07/27/12  Page 9 of 4.5 PagelD 234

 

 

 

Ch. 2011-40                        LAWS  OF FLORIDA                      Ch. 2011-40

supplied by the statewide voter registration system, in a time and manner that enables the
department to meet its obligations under state and federal law.
(e)  The Florida Parole Commission BoaFd of Elleeuti.e Clemene) shall furnish at least bimonthly
meBthly to the department data  including the
&-list of those persons granted clemency in the preceding month or any updates to prior records
which have occurred in the preceding month. The .dil1l! list shall contain the commission's Board
of Eueeutive ClemeHey case number and the person's, name, address, date of birth, race, gender
sex:, Florida driyeis license number  FJorida  identification  card number  or the last four di,Pts
of the social security number, if available, and references to

 

 

 

 

 

 

 

 

 

statewide voter registration system pursuant to procedures in s. 98.065 or s.

 

 

 

 

 

 

 

 

 

record   identifiers  assigned  by  the  Department   of  Corrections  .!l!ld

 

 

 

 

 

 

 

 

 

j;fil]

 

 

 

 

 

 

 

 

 


ruLl!lli, it is necessary for the department and supervisors of elections to receive         
certain information  from  state and federal  officials and entities in the format prescribed. The
deparimeBt and Slijlei'¥iSsl'B of eleetions shall use the infeFmation p•ovided fi>om the sourees in
suhseetioH
(2) to maiHtaiH the ;ate• Fegistmtion FeeOFds.
(2) To the maximum extent feasible, state and local government agencies shall facilitate provision
ofinformation and access to data to the department, including, but not limited to, databases that
contain reliable criminal records and records of deceased persons. State and local government
agencies that provide such data shall do so without charge if the direct cost incurred by those
agencies is not significant.

(a) The Department of Health shall furnish monthly to the department a list containing the name,
address, date of birth, date of death, social security number, race, and sex of each deceased
person 17 years of age or older.
(b)  Each clerk of the circuit court shall furnish monthly to the department a list of those
persons who have been adjudicated mentally incapacitated with respect to voting during the
preceding calendar month, a list of those persons whose mental capacity with respect to voting has
been restored during the preceding calendar month, and a list of those persons who have returned
signed jury notices during the preceding months to the clerk of the circuit court indicating a
change of address. Each list shall include the name, address, date of birth, race, sex, and,
whichever is available, the Florida driver's license number, Florida identification card number, or
social security number of each such person.
(c) Upon receipt of information from the United States Attorney, listing persons convicted of a
felony in federal court, the department shall use such information to identify registered voters or
applicants for voter registration who may be potentially ineligible based on information provided
in accordance with s. 98.075.
(d) The Department of Law Enforcement shall identify those persons who have been convicted of a
felony who appear in the voter registration records
15
CODING: Words stFiekeft are deletions; words l.lllikrlinOO are additions.

 

 

 

 

 

 

 

 

 


Department of Law Enforcement, a unique identifier  of  each  clemency case, and the effective date
of clemency of each person.
(f) The Department of Corrections shall identify those persons who have been convicted of  a 
felony  and  committed  to  jts  custody  or  placed   on community supervision The infoanation
must be provided to the  depart­ ment  at  a  time  and  in  manner  that  enables  the  department
 to identify
registered voters who are convicted felons and to meet its obligations under
state and federal law. furnish monthly te the depaFtmeBt a list of these pe•seHs t•ansfuFFed to the
DepaFtment of CoFFeetioBO iHthe preeeding month or aHy updates to prioF FeeoFds whieh luwe
oee\H'Fed ia the preeediHg meHth. The list shall eefttaia tfte name, addPeas, date ef birth, raee,
sex, seeial seeul'ity-<iillHbe.,DepaFtmeftt of CeFFeetioHs reeord ideatifieatieH-HumbeF, tlftd
asseeiated Depaf'tmeBt ef Law EHfuPeemeat feleft;) eea 19.etiea reee:Fd
m1mbef' ef eaeh pel'Seft.

(g) The Department of Highway Safety and Motor Vehicles shall furnish monthly to the department a
list of those persons whose names have been removed from the driver's license database because they
have been licensed in another state. The list shall contain the name, address, date of birth, sex,
social security number, and driver's license number of each such person.
(3)  NothiHg iH This section does not shall limit or restrict the supervisor in his or her duty to
remove the names of persons from the statewide voter registration system pursuant to s. 98.075(7)
based upon information received from other sources.
Section 11. Effective July l, 2012, subsections (1) and (2) of section 98.0981, Florida Statutes,
are amended to read:
98.0981 Reports; voting history; statewide voter registration system information; precinct-level
election results; book closing statistics.-
(1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM  INFORMATION.-
16
CODING: Words striekeft are deletions; words underlined are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                       LAWS  OF FLORIDA                       Ch. 2011-40

(a)   Within 1Q 40 days after certification  by  the  Elections   Canvassing Commission of a
presidential preference primary special election  primary election  or a general election,
supervisors of elections shall transmit to the department, in a uniform electronic format specified
in paragraph  (dl department, completely updated voting history information  for each quali­ fied
voter who voted.

(b) After receipt of the information in paragraph (a), the department shall prepare a report in
electronic format which contains the following informa­ tion, separately compiled for the primary
and general election for all voters qualified to vote in either election:

1. The unique identifier  assigned to each qualified voter within the statewide voter registration
system;

2. All information provided by each qualified voter on his or her voter registration application
pursuant to s. 97.052(2), except that which is confidential or exempt from public records
requirements;

3.  Each qualified voter's date ofregistration;

4. Each qualified voter's current state representative district, state senatorial district, and
congressional district, assigned by the supervisor of elections;

5.   Each qualified voter's current precinct; and

6. Voting history as transmitted under paragraph (a) to include whether the qualified voter voted
at a precinct location, voted during the early voting period, voted by absentee ballot, attempted
to vote by absentee ballot that was not counted, attempted to vote by provisional ballot that was
not counted, or did not vote.
(c)   Within o!li 6ll days after certification  by  the  Elections   Canvassing Commission of
uresidential preference .P.rimary special  electioI.1...  P-tiIDar]: election or a general
election, the department shall send to the President of the Senate, the Speaker of  the  House  of 
Representatives, the Senate Minority Leader, and the House  Minority   Leader  a  report  in 
electronic format that includes all information set forth in paragraph (b).

(dl   File specifications are as follows:

1. The file shall contain records desii:nated by the categories below for all qualified voters who 
regardless of the voter's county ofresidence or active or
jnactiye  registration status at the book closing for the corresoonding election
that the file is being created for:

a.  Voted a regular ballot at a precinct location.

b.   Voted  at  a  precinct  location  using  a  provisional   ballot  that   was subsequently 
counted.
17
CODING: Words -strielren are deletions; words underlined are additions.

Document 22-6     Filed 07/27/12    Page 10 of 45 Page ID 235

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                        Ch. 2011-40

c.    Voted  a regular ballot during the early voting period.

d.   Voted during the early voting period using a provisional ballot that was subseguently counted.

e.   Voted by absentee ballot.
f.   Attempted to vote by absentee ballot  but the ballot was not counted. g   Attempted to vote by
provisional ballot  but the ballot was not counted
in that election.

2.    Each file shall be created  or converted  into a tab-delimited  format. 3.   File names shall
adhere to the following convention:
a     Three-character  countv  identifier  as  established  by  the  department followed by an
underscore.

b    Followed by four-character file type identifier of 'VH03' followed by an
underscore.
c.   Followed by FVRS election ID followed by an underscore. d.    Followed  by  Date Created 
followed  by  an underscore.
e.  Date format is YYYYMMDD

f.    Followed  by Time Created  - HHMMSS.
g.   Followed by ".txt".

4.      Each   record   shall   contain   the   following   columns:   Record   Identifier
EYRELY!!tm:.n:!t'!l!!!ll> !lr._E. \':R.S_Ele<;iion ID Num_b. fil:..YQ!.e_Ofile. )'Q.te_H_tQr.y Code
   Precinct    Convressional   District    Honse   Djsttict    Senate   District
County Commission District. and School Board District.

(el   Each  supervisor  of elections  shall reconcile   before  submission    the aggregate total
of ballots cast in each precinct as reported in the  precinct­ level election results to the
aggregate  total  number  of  voters   with  voter history for the election  for each district.

(fl   Each  supervisor  of  elections  shall  submit  the  results  of  the   data
reconciliation as described in paragraph (e) to the department in an electronic format and give a
written explanation for any precincts where the reconciliation as described in paragraph (el
results in a discrepancy between  the voter history and the election  results.

(2){;tl    PRECINCT-LEVEL  ELECTION  RESULTS.-Within  1Q 40 days
after certification  by  the  Elections  Canvassing  Commission the-date of  a presidential
preference primary election, a special election, primary election or a general election, the
supervisors of elections shall collect and submit to
18
CODING: Words strieken are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Ch. 2011-40                         LAWS OF FLORIDA                        Ch. 2011-40

the department precinct-level election results for the election in a uniform electronic format
specified by parai:raph {cl the department. The precinct­ level election results shall be compiled
separately for the primary or special primary election that preceded the general or special general
election, respectively. The results shall specifically include for  each  precinct the aggregate
total of all ballots cast for each candidate or nominee to fill a national, state, county, or
district office or proposed constitutional amend­ ment with subtotals for each candidate and ballot
cype unless fewer than 10 voters voted a ballot type. "All ballots cast" means ballots cast by
voters who cast a ballot whether at a precinct location, by absentee ballot including overseas
absentee ballots, during the early voting period, or by provisional ballot.

{bl    The department  shall make such information  available on a search­ able sortable and
downloadable database via its website that also includes the file layout and codes. The database
shall be searchable and sortable by countv precinct and candidate The database shall be
downloadable in a tab­ delimited  furmat  The database  shall be  available  for download 
county-by­ countv and also as a statewide file. Such report shall also be made avai!abl!l upon
request

{cl The files containinir the precinct-level election results shall be created in accordance with
the applicable file specification·
1    The precinct-level results file shall be created or converted into a tab­
delimited text file

2.   The  row  immediately  before  the  first  data  record  shall  contain   the column names of
the data elements that make  up the  data  records   There shall be one header record  followed  by
multiple data records

3    The data records shall include the followinir columns· County Name Election Number  Election
Date  Unique Precinct Identifier  Precinct Pollinir Location   Total  Re!Mtered  Voters   Total 
Reiristered   Republicans   Total Reirjstered  Democrats  Total Reirjstered  All  Other  Parties  
Contest  Name Candidate/Retention/Issue   Name    Candidate   Florida  \Toter  Reirjstratjon System
 ID Number   Division  of  Elections   Unique  Candidate  Identifying Number   Candidate Party 
District   Undervote Total  Overvote Total  Write­ in Total. and Vote Total.

Section 12. Subsections (5) and (7) of section 99.012, Florida Statutes, are amended to read:

99.012    Restrictions on individuals qualifying for public office.-

(5)  If an order of a court that has become final determines that a person did  not  comply  with 
this  sectjon   the  person  shall  not  be  gualified   as  a candidate fur election and his or
her name may not appear on the ballot. 'l'he name of an;i person "ha ilaes nat eampey  w;th thls
seetian ma)  be  rema,eil

19
CODING: Words atPiekeB are deletions; words                    are additions.

Filed 07/27/12   Page 11 of 45 PagelD 236

 

 

 

 Ch. 2011-40                       LAWS OF FLORIDA                     Ch. 2011-40

ffam e¥eey ballet ea whieh it appeaPB whea ePdePed by a eireilit eelil't "l'"B the pehlien  ef an
eleeter er the Departmeat  of State.

(7) Nothing contained in subsection (3) relates to persons holding any federal office m: seeking
the office of President or Vice President.
Section 13. Paragraphs (a) and (b) of subsection  (1) of section 99.021, Florida Statutes, are
amended, and subsection (3) is added to that section, to read:
99.021  Form of candidate oath.-

(l)(a)l. Each candidate, whether a party candidate, a candidate with no party affiliation, or a
write-in candidate, in order to qualify for nomination or election to any office other than
ajudicial office as defined in chapter 105or a federal office, shall take and subscribe to an oath
or affirmation in writing. A pfiBted copy of the oath or affirmation shall be made available
mm;shed to the candidate by the officer before whom such candidate seeks to qualify and shall be
substantially in the following form:

State of Florida County of......
Before me, an officer authorized to administer oaths, personally appeared
...(please print name as you wish it to appear on the ballot). .., to me well known, who, being
sworn, says that he or she is a candidate for the office of
......; that he or she is a qualified elector of ...... County, Florida; that he or she is
qualified under the Constitution and the laws ofFlorida to hold the office to which he or she
desires to be nominated or elected; that he BP she has takes the oath PefJ"i•ed by ss. 876.95
876.19, Florida Stat..tes; that he or she has qualified for no other public office in the state,
the term of which office or any part thereof runs concurrent with that of the office he or she
seeks; and that he or she has resigned from any office from which he or she is required to resign
pursuant to s. 99.012, Florida Statutes· and that he or she will support the Constitution of the
United States and the Constitution of the State of
fil2rida.
...(Signature  of candidate)...

...(Address)...

Sworn to and subscribed before me this ...... day of ......, ...(year)..., at ...... County,
Florida.
...(Signature and title of officer administering oath)...

2. Each candidate for federal office, whether a party candidate, a candidate with no party
affiliation, or a write-in candidate, in order to qualify for nomination or election to office
shall take and subscribe to an oath
20
CODING: Words stFiekefl are deletions; words l.lllikrlin.ed are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                     LAWS  OF FLORIDA                        Ch. 2011-40

or affirmation in writing. A jH'ffited copy of the oath or affirmation shall be made available
furnished to the candidate by the officer before whom such candidate seeks to qualify and shall be
substantially in the following form:

State of Florida County of ......
Before me, an officer authorized to administer oaths, personally appeared
...(please print name as you wish it to appear on the ballot) ..., to me well known, who, being
sworn, says that he or she is a candidate for the office of
......; that he or she is qualified under the Constitution and laws of the United
States to hold the office to which he or she desires to be nominated or elected; mHithat he or she
has·qualified for no other public office in the state, the term of which office or any part thereof
runs concurrent with that of the office he or she seeks; and that he or she will support the
Constitution of the United States.
...(Signature of candidate)...
...(Address) ...

Sworn to and subscribed before me this ...... day of ......, ...(year)..., at ...... County,
Florida.
...(Signature and title of officer administering oath)...

(b) In addition, any person seeking to qualify for nomination as  a candidate of any political 
party shall, at the time of subscribing to the oath or affirmation, state in writing:
1.    The party of which the person is a member.
2. That the person is net a registered member af1my ether palitieal party and has not been a
registered member of eandielate fep aeffl:inatieft fer any other political party for 365 days 
before  the  beginning  of  qualifying faF--a period af S months preceding the general election for
which the person seeks to qualify.
3. That the person has paid the assessment levied against him or her, if any, as a candidate for
said office by the executive committee of the party of which he or she is a member.
(3) This section does not apply to a person who seeks to qualify for election pursuant to ss. 103
021 and 103.101.
Section 14. Subsections (5) and (7) of section 99.061, Florida Statutes, are amended, and
subsection ( 11) is added to that section, to read:
21
CODING: Words &tRekeH are deletions; words underlined are additions.

Document 22-6   Filed 07/27/12   Page 12 of 45 PagelD 237

 

 

 

Ch. 2011-40                     LAWS OF FLORIDA                        Ch. 2011-40

99.061 Method of qualifying for nomination or election to federal, state, county,  or district 
office.-
(5) At the time of qualifying for office, each candidate for a constitutional office shall file a
full and public disclosure of financial interests pursuant to s. 8, Art. II of the State
Constitution, which  must be verified  under  oath  or affirmation pursuant to s. 92.5250 )(a) and
a candidate for any other office, including local elective office, shall file a statement of
financial  interests pursuant to s. 112.3145.
(7)(a) Inorder for a candidate to be qualified, the following items must be received by the filing
officer by the end of the qualifying period:
1. A properly executed check drawn upon the candidate's campaign account payable to the nerson or
entity as prescribed by the filing officer in an amount not less than the fee required by s. 99.092
unless the candidate obtained the required number of signatures on petitions er, in lie11 thereof,
as applieable, the eapy af the natiee af abtaiaiag ballet pasitian pursuant to s.
99.095. The filing fee for a special district candidate is not required to be drawn upon the
candidate's campaign account. If a candidate's check is returned by the bank for any reason, the
filing officer shall immediately notify the candidate and the candidate shall have until, the end
of qualifying Hat.. ithstandiHg, ha'1e 48 ha11rs fram the time s eh Hati!ieatiaH is reeei, ed,
eJ<elmling Sat11rda) s, Sllftda) s, and legal holidays, to pay the fee with a cashier's check
purchased from funds of the campaign account. Failure to pay the fee as provided  in this
subparagraph shall disqualify the candidate .
2. The candidate's oath required by s. 99.021, which must contain the name of the candidate as it
is to appear on the ballot; the office sought, including the district or group number if
applicable; and the signature of the candidate,  which  must be verified  under oath  or
affirmation  pursuant  to s. 92.525(1)(a) dul) aelma ..!edged.
a. The loyalty aath re<1uired by s. 878.g!i, sig..ed by the eandidate aad duly aelmawledged.
Q.,4. If the office sought is partisan, the written statement of political party affiliation
required by s. 99.02l(l)(b).
1. The completed form for the appointment of campaign treasurer and designation of campaign
depository, as required by s. 106.021.
Q,6. The full and public disclosure or statement of financial interests required by subsection (5).
A public officer who has filed the full and public disclosure or statement of financial interests
with the Commission on Ethics or the supervisor of elections prior to qualifying for office may
file a copy of that disclosure at the time of qualifying.
(b) If the filing officer receives qualifying papers during the qualifying period  prescribed  in 
this  section  which that do not include all items  as required by paragraph (a) prior to the last
day of qualifying, the filing officer
22
CODING: Words stflekeft are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP     Document 22-6

 

 

 

 Ch. 2011-40                        LAWS OF FLORIDA                      Ch. 2011-40

shall make a reasonable effort to notify the candidate of the missing or incomplete items and shall
inform the candidate that all required items must be received by the close of qualifying. A
candidate's name as it is to appear on the ballot may not be changed after the end of qualifying.
(cl The filing officer performs a ministerial function in reviewing qyalifyinll' papers In
determininll' whether a  candidate  is  qualified  the filing officer shall review the qualifving
papers to determine whether all items required  by paragraph (al have been properly filed and
whether each item is complete on its face, including whether items that must be verified
have been properly verified pursuant to s 92 525C1Xal The filin!I' officer may not determine
whether the contents of the qualifving papers are accurate
(11) The decision of the filing officer concerning whether a candidate is qualified is exempt from
the provisions of chapter 120.
Section 15.   Subsection (2) of section 99.063, Florida Statutes, is amended to read:
99.063   Candidates for Governor and Lieutenant Governor.-
(2) No later than 5 p.m. of the 9th day following the primary election, each designated candidate
for Lieutenant Governor shall file with the Department of State:
(a) The candidate's oath required by s. 99.021, which must contain the name of the candidate as it
is to appear on the ballot; the office sought; and the signature of the candidate which mpst be 
verified under oath or affirmation pursuant to s. 92.525(l)(a) <Inly aekn&'ivledged.
(b) The le) alty eath reqaff>ed by s. 876.00, signed by the e8ftdidate aftd dnl) aelme 1fle<lged.
(b}(e) If the office sought is partisan, the written statement of political party affiliation
required by s. 99.02l(l)(b).
(clfd) The full and public disclosure of financial interests pursuant to s. 8, Art. II of the State
Constitution. A public officer who has filed the full and public disclosure with the Commission on
Ethics prior to qualifying for office may file a copy of that disclosure at the time of qualifying.
Section 16. Subsection (1) of section 99.092, Florida Statutes, is amended to read:
99.092    Qualifying fee of candidate; notification of Department of State.
(1) Each person seeking to qualify for nomination or election to any office, except a person
seeking to qualify by the petition process pursuant to s.
99.095 and except a person seeking to qualify as a write-in candidate, shall pay a qualifying fee,
which shall consist of a filing fee and election assessment, to the officer with whom the person
qualifies, and any party
23
CODING: Words etflekea are deletions; words underlined are additions.

Filed 07/27/12   Page 13 of 45 PagelD 238

 

 

 

 Ch. 2011-40                        LAWS  OF FLORIDA                      Ch. 2011-40

assessment levied,  and shall attach the original or signed duplicate· of the receipt for his or
her party assessment or pay the same, in accordance with the provisions of s. 103.121, at the time
of filing his or her other qualifying papers. The amount of the filing fee is 3 percent of the
annual salary of the office. The amount of the election assessment is 1 percent of the annual
salary of the office sought. The election assessment shall be deposited iftte the Cleariftg Fl!ftds
Trust Fliftd &ftd transferred to the Elections Commission Trust Fund ..ithift the Depal'tmeftt ef
Legal i\ffail'S. The amount of the party assessment is 2 percent of the annual salary. The annual
salary of the office for purposes of computing the filing fee, election assessment, and party
assessment shall be computed by multiplying 12 times the monthly salary, excluding any special
qualification pay, authorized for such office as of July 1 immediately preceding the first day of
qualifying. No qualifying fee shall be returned to the candidate unless the candidate withdraws his
 or  her candidacy before the last date to qualify. If a candidate dies prior to an election and
has not withdrawn his or her candidacy before the last date to qualify, the candidate's qualifying
fee shall be returned  to his or her designated beneficiary, and, if the filing  fee  or  any 
portion  thereof  has been transferred to the political party of the candidate, the Secretary of
State shall direct the party to return that portion to the designated beneficiary of the 
candidate.
Section 17. Subsection (1) of section 99.093, Florida Statutes, is amended to read:
99.093   Municipal candidates; election assessment.-
(!) Each person seeking to qualify for nomination or election to a municipal office shall pay, at
the time of qualifying for office, an election assessment. The election assessment shall be an
amount equal to 1percent of the annual salary of the office sought. Within 30 days after the close
of qualifying, the qualifying officer _shall forward all assessments collected pursuant to this
section to the E!orida E!Jltions Col1!IDission Dep!ll'tmeat ef State for                 t•&ftsfe•
te the Elections Commission Trust Fund withift the Depal'tmeBt ef Legal Mfail'S.
Section 18. Paragraph (d) is added to subsection (2) of section 99.095, Florida Statutes, to read:
99.095   Petition process in lieu of a qualifying fee and party assessment.

(2)

(d) In a year of apportionment. any candidate for county or district office seekinll' ballot
position  by  the  petition  process  may  obtain  the   required number of signatures  from  any
registered  voter  in  the  respective county regardless of district bol!Ildaries. The candidate
shall  obtain at least the number of signatures equal to 1 percent of the total  number of
rei:jstered voters  as shown by a compilation  by the  department  for the immediately
24
CODING: Words stfleken are deletions; words underlined are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                         LAWS  OF FLORIDA                         Ch.  2011-40

preceding  general  election   divided  by the total  number  of districts  of  the
office involved.

Section 19. Subsections (1), (3), and (5) of section 99.097, Florida Statutes, are amended, and
subsection .(6) is added to that section, to read:

99.097    Verification of signatures on petitions.-

(l)ill) As determined by each supervisor, based upon local conditions, the checking of names on
petitions may be based on the most inexpensive and administratively feasible of either of the
following methods of verification:

l...W    A aame B) aame, sig..at1n-e by sig..altire check of each petition the
aumber ef autheri•ed sig..atures ea the l'etitieas; or

fbl A check of a random sample, as provided by the Department of State, of names and sig..atures en
the petitions. The sample must be such that a determination can be made as to whether or not the
required number of signatures ill!!; hB¥e been obtained with a reliability of at least 99.5
percent.
ilil Rules and guidelines for this-methed<if petition verification shall be adopted l'remulgated by
the Department of State. Rules and guidelines for a random sample method of verification,..whieh
may include a  requirement that petitions bear an additional number of names and  signatures, not
to exceed 15 percent of the names and signatures  otherwise required. If the petitions do not meet
such criteria or if the  petitions are prescribed b 100.371, then the use of the random sample
method of verification i§ methed deseribed in this !laFagral'h shall not be available to
supervisors.
(3)(a) If all other requirements for the'petition are met a signature on a petition  shall be
verified  and counted as valid  for a registered  voter if   after comparing the sirnature on the
petition and the signature of the registered voter in the voter registration system the supervisor
is able  to  determine that the petition signer is the same as the registered voter   even if the
name on  the  petition   is  not  in  substantially   the  same   form as in  the  voter
registration system. A name en a petitieH, ,, hieh aame is net in substantially the same ferm as a
name en the veter registratien beaks, shall be eeunted as a Yalid sig..ature if, alter eeml'ariag
the sig..ature en the l'etitien "ith the sig..ature ef the alleged sig..er as  shewn  en the 
registration  beaks,  the Sll!lerviser determines that the  l'ersen sig..ing the !letitien and the
l'ersen "ivhe Fegiste:Fed ta , ate Me eHe  and the same.

ili.) In any situation in which this code requires the form of the petition to be prescribed by the
division, no signature shall be counted toward the number of signatures required unless it is on a
petition form prescribed by the division.

(!:}!bl If a voter signs a petition and lists an address other than the legal residence where the
voter is registered, the supervisor shall treat the signature as if the voter had listed the
address where the voter is registered.
25
CODING: Words striekeft are deletions; words underlined are additions.

Document 22-6   Filed 07/27/12   Page 14 of 45 PagelD 239

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                      Ch. 2011-40

(5) The results of a verification pursuant to subparagraph (l)(al2. l'aragral'h (l)(b) may be
contested in the circuit court by the candidate; an announced opponent; a representative of a
designated political committee; or a person, party, or other organization submitting the petition.
The contestant shall file a complaint, together with the fees prescribed in chapter 28, with the
clerk of the circuit court in the county in which the petition is certified or in Leon County if
the petition covers more than one county within 10 days after midnight of the date the petition is
certified; and the complaint shall set forth the grounds on which the contestant intends to
establish his or her right to require a complete check of the pfiliti!m names and eig..atures
pursuant to subparagraph (l)(a)l. l'BFBgral'h (l)(a). In the event the court orders a complete
check of the petition and the result is not changed as to the success or lack of success of the
petitioner in obtaining the requisite number of valid signatures, then such candidate, unless the
candidate has filed the oath stating that he or she is unable to pay such charges; announced
opponent; representative of a designated politicai committee; or party, person, or organization
submitting the petition, unless such person or organization has filed the oath stating inability to
pay such charges, shall pay to the supervisor of elections of each affected county for the complete
check an amount calculated at the rate of 10 cents for each additional signature checked or the
actual cost of checking such additional signatures, whichever is less.

(6)(a) If any person is paid to solicit signatures on a petition, an undue burden  oath may not
subsequently be filed in lieu of payjni: the fee to have signatures verified for that petition.

(bl If an undue burden oath has been filed and payment js subsequently rua_de_t.Q.a_I}_y_p_m:son to
solicit sirnatures on a petition the undue burden ofl..th is no longer valid and a fee for all
signatures previously submitted to the supervisor of elections and any that are submitted
thereafter shall be paid by the candidate person or organization that  submitted  the  undue 
burden oath. If contributions as defined in s. 106.011 are received any monetary contributions must
first be used to reimburse the suoervisor of elections for any signature verification fees that
were not paid because of the filing of an undue burden oath.

Section 20.   Section 100.061, Florida Statutes, is amended to read:

100.061 Primary election.-In each year in which a general election is held, a primary election for
nomination of candidates of political parties shall be held on the Tuesday l!l 10 weeks prior to
the general election. The candidate receiving the highest number of votes cast in each contest in
the
primary election shall be declared nominated for such office. Iftwo or more candidates receive an
equal and highest number of votes for the same office, such candidates shall draw lots to determine
which candidate is nominated.
Section 21.   Section 100.101, Florida Statutes, is amended to read: 26
CODING: Words striekeft are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011·40

100.101 Special elections and special primary elections. Euee11t as 11F&Vided ill s. Hl9.111(2), A
special election or special primary election shall be held in the following cases:
(1) If no person has been elected at a general election to fill an office which was required to be
filled by election at such general election.
(2) Ifa vacancy occurs in the e>ffice of state senator or member of the state house  of
representatives.
(3) If it is necessary to elect presidential electors, by reason of the offices of President and
Vice President both having become vacant.
(4) If a vacancy occurs in the office of member from Florida of the House of Representatives  of
Congress.
Section 22.   Section 100.111, Florida Statutes, is amended to read: 100.111    Filling vacancy.-
(l)(a) If any vacancy occurs in any office which is required to be filled pursuant to s. 1(0, Art.
IV of the State Constitution and the remainder of the term of such office is 28 months or longer,
then at the next general election a person shall be elected to fill the unexpired portion of such
term, commencing on the first Tuesday after the first Monday following such general election.
(b) Ifsuch a vacancy occurs prior to the first day set by law for qualifying for election to office
at such general election, any person seeking nomination or election to the unexpired portion of the
term shall qualify within the time prescribed by law for qualifying for other offices to be filled
by election at such general election.
(c) If such a vacancy occurs prior to the primary election but on or after the first day set by law
for qualifying, the Secretary of State shall set dates for qualifying for the unexpired portion of
the term of such office. Any person seeking nomination or election to the unexpired portion of the
term shall qualify within the time set by the Secretary of State. If time does not permit party
nominations to be made in conjunction ·with the primary election, the Governor may call a special
primary election to select party nominees for the unexpired portion of such term.
(:l)(a)   If, iH any state er """" al'Hee re'l"iFed ta be filled by eleetiaa, "
,aealley aeCIH's during aa eleetiall ) eRF by reasaa af the illewnbellt ha'>'illg qlialified as "
eaadidate fur federal al'Hee !llH'Su!lftt ta s. 99.961, llB s11eeial eleetiall is reqllired. Afiy
11eFS01l seekiag aamiHatiaH er eleetiall ta the al'Hee sa vacated shall l!"alifYwithill the time
jH'eseribed bys. 99.961 fur <jlialityillg fur state er e011Hty al'Hees ta be filled by eleetiaa.
(b) If sueh a vae!llley aeCIH'B iH "" eleetiall ) eRF ether thall the Bile immediately 11reeedillg
en11iratiall af the 11resellt term, the Secretary af State shall llatifY the SHpervisa• af
eleetieHS ill eaeh eellftty seFVed by the al'Hee that
27
CODING: Words 5tflekeH are deletions; words                    are additions.

Filed 07/27/12    Page 15 of 45 PagelD 240

 

 

 

Ch. 2011-40                       LAWS  OF FLORIDA                       Ch. 2011-40

a vaealley has beell created. S>ieh llBtiee shall be 11revided te the SH!le1' iser ef eleetieHS net
later th!lll the elese ef the fil'St day set fur qHalif;j iHg fur state er eaHllty el'Hee. The
sH11erviser shall 11rB1' ide !'Hblie lletiee af the·1aealley ill all) maBBeF the See•etRF) af State
deems a1111re11riate.
f2lf31 Whenever there is a vacancy for which a special election is required pursuant to s. 100.101,
the Governor, after consultation with the Secretary of State, shall fix the dates of a special
primary election and a special election. Nominees of political parties shall be chosen under the
primary laws of this state in the special primary election to become candidates in the special
election. Prior to setting the special election dates, the Governor shall consider any upcoming
elections in thejurisdiction where the special election will be held. The dates fixed by the
Governor shall be specific days certain and shall not be established by the happening of a
condition or stated in the alternative. The dates fixed shall provide a minimum of 2 weeks between
each election. In the event a vacancy occurs in the office of state senator or member of the House
of Representatives when the Legislature is in regular legislative session, the minimum times
prescribed by this subsection may be waived upon concurrence of the Governor, the Speaker of the
House of Representatives, and the President of the Senate. If a vacancy occurs in the office of
state senator and no session of the Legislature is scheduled to be held prior to the next general
election, the Governor may fix the dates for the special primary election and for the special
election to coincide with the dates of the primary election and general election. If a vacancy in
office occurs in any district in the state Senate or House of Representatives or in any
congressional district, and no session of the Legislature, or session of Congress if the vacancy is
in a congressional district, is scheduled to be held during the unexpired portion of the term, the
Governor is not required to call a special election to fill such vacancy.
(a) The dates for candidates to qualify in such special election or special primary election shall
be fixed by the Department of State, and candidates shall qualify not later than noon of the last
day so fixed. The dates fixed for qualifying shall allow a minimum of 14 days between the  last day
 of qualifying and the special primary election.
(b) The filing of campaign expense statements by candidates in  such special elections or special
primaries and by 'committees making contribu­ tions or expenditures to influence the results of
such special primaries or special elections shall be not later than such dates as shall be fixed by
the Department of State; and in fixing such dates the Department of State shall take into
consideration  and be governed by the practical time limitations.
(c)  The dates for a candidate to qualify by the petition process pursuant to
s. 99.095 in such special primary or special election  shall be fixed by the Department of State.
In fixing such dates the Department of State shall take into consideration and be governed by the
practical time limitations. Any candidate seeking to qualify  by the petition. process in a special
primary election shall obtain 25 percent  of the signatures required  by s. 99.095.
28
CODING: Words striekea are deletions; words underlined  are additions.


Case 8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011 · 40                       LAWS OF FLORIDA                     Ch. 2011-40

(d) The qualifying fees and party assessments of such candidates as may qualify shall be the same
as collected for the same office at the last previous primary for that office. The party assessment
shall be paid to the appropriate executive committee of the political party to which the candidate
belongs.

(e) Each county canvassing board shall make as speedy a return of the result of such special
primary elections and special elections a8 time will
permit, and the Elections Canvassing Commission likewise shall make as speedy a canvass and
declaration of the nominees as time will permit.
illlf4l(a) In the event that death, resignation, withdrawal, m: removal,,,.. RR:) etheF ea1:1se BF 
e, ent should cause a party to have a vacancy in nomination which leaves no candidate for an office
from such party, the filing officer before whom the candidate qualified DeJJ!lFtment ef State shall
notify the chair of the aJJJlreJJriate state and, distriet, er county political party executive
committee of such party; and;;

1. If the vacancv in nomination is for a statewide office the state party  chair shall within 5
days, the ehair shall call a meeting of his or her executive board eeffiffiittee to consider
designation of a nominee to fill the vacancy.
2. If the vacancv in nomination is for the office of United States Representative. state senator.
state representative. state attorney. or public defender   the state party  chair shall  notifY the
 appropriate   county  chair or chairs and   within  5 days   the appropriate county chair or
chairs shall call a ID\lfil.ing:of the members of the executive committee in the affected county or
counties to consider designation  of a nominee to fill the vacancy.

3. Ifthe vacancy in nomination is for a county office the state partv chair  shall notify the
appropriate county chair and  within 5 days  the appropriate county chair shall call a meeting of
his or her executive committee to consider designation of a nominee to fill the vacang.
The name of any person so designated shall be submitted to the filing officer before whom the
candidate qualified DeJJartment ef State within 7 days after notice to the chair in order that the
person designated may have his or her name on the ballot of the ensuing general election. If the
name of the new nominee is submitted after the certification of results of the preceding primary
election, however, the ballots shall not be changed and the former party nominee's name will appear
on the ballot. Any ballots cast for the former party nominee will be counted for the person
designated by the political party to replace the former party nominee. Ifthere is no opposition to
the party nominee, the person designated by the political party to replace the former party nominee
will be elected to office at the general election. Fiii' JlUrpeses--<>
this-paragraJJh,--the--term--"distpet politieal-party··executive eammittee" means the members ef
the state elteeative eammittee sf a Jlelitieal Jla fFem these eeanties esmJJrising the area
inveJ•;ing a aistriet eflire..
29
CODING: Words sifleken are deletions; words underlined are additions.

Document 22-6    Filed 07/27/12   Page 16 of 45 PagelD 241

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                     Ch. 2011-40

(b) When, under the circumstances set forth in the preceding paragraph, vacancies in nomination are
required to be filled by committee nominations, such vacancies shall be filled by party rule. In
any instance in which a nominee is selected by a committee to fill a vacancy in nomination, such
nominee shall pay the same filing fee and take the same oath as the nominee would have taken had he
or she regularly qualified for election to such office.
(c) Any person who, at the close of qualifying as prescribed in ss. 99.061 and 105.031, was
qualified for nomination or election to or retention in a public office to be filled at the ensuing
general election or who attempted to qualify and failed to qualify is prohibited from qualifying as
a candidate to fill a vacancy in nomination for any other office to be filled at that general
election, even if such person has withdrawn or been eliminated as a candidate for the original
office sought. However, this paragraph does not apply to a candidate for the office of Lieutenant
Governor who applies to fill a vacancy in nomination for the office of Governor on the same ticket
or to a person who has withdrawn or been eliminated as a candidate and who is subsequently
designated as a candidate for Lieutenant Governor under s. 99.063.

(4) A vacancy in nomination is not created if an order of a court that has become final determines
that a nominee did not properly  qualify or did  not meet the necessarv qualifications to hold the
office for which he or she sought

(5) In the event of unforeseeable circumstances not contemplated in these general election laws
concerning the calling and holding of special primary elections and special elections resulting
from court order or other unpre­ dictable circumstances, the Department of State shall have the
authority to provide for the conduct of orderly elections.

Section 23. Subsections (1), (3), (6), (7), and (8) of section 100.371, Florida Statutes, 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 the general
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 filed with
the Secretary of State upon the date the secretary determines  that valid and verified petition
forms have been signed by the constitutionally required number and distribution of electors under
this code, sabjeet to the right of re• oeation established in this seetion.

(3) An initiative petition form circulated for signature may not be bundled with or attached to any
other petition. Each signature shall be dated when made and shall be valid for a period of .ll 4
years following such date, provided all other requirements of law are met. The sponsor shall submit
signed and dated forms to the HJJJl•OJJriate supervisor of elections for
30
CODING: Words striekeR are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Cb. 2011-40

the county of residence listed by the nerson signing the form for verification Qf
as--ta  the  number  of registere&  eleetol'S  ohose valid  signatures
e:ppeaF thereon. If a sirnature on a netition is from a restered vater  in another  countv  the 
supervisor  shall  notify  the  petition  sponsor   of the misfiled petition. The supervisor shall
promptly verify the signatures within 30 days filkr of receipt of the petition forms and payment of
the fee required by s. 99.097. The supervisor shall promptly record, in the manner prescribed by
the Secretary of State, the date each form is received by the supervisor,
and the date the signature on the form is verified as valid. 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 aeetH'lltely sets forth the purported elector's name, street
address, i;ill'. 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 euthori•e& to 1ote in the ll1filll emrnty
in v.hleh hls or her  signatare  is
.
The supervisor shall retain the signature forms for at least 1year following the election in which
the issue appeared on the ballot or until the Division of Elections notifies the supervisors of
elections that the committee that whleh circulated the petition is no longer seeking to obtain
ballot position.
(6)(a) •"dl eleeter's signatare on a jletition ferm may he re•1oked "ithln 150 de:is ofthe date on
whieh he or she signed the jletition ferm by sahmittiag to the ajljlFojll'iate Blljlervisor of
eleetioas a signe& jletition re,,oeatioa ferm.
(e) The jletitioa revoeation ferm an& the m""""" ia ""'hieh signatares are oetaiae&, submitted,
ftftd • el'i!ie& shall he sulijeet to the same rele•1....t re(jwremeats aa& timeli'ames as the
eorresjloa&iag jletitioa ferm aad jlreeesses \lfttter this eo&e aa& shall he "l'l'FO, ed ey the
Seeretary of State eefere any signatare Oft a jletition  re' oeatioft ferm is oetaffiee.
(e) la those eireumstaaees ia wllieh a jletitioa re, oeatioa ferm fer a eorreBjlOftftiftg iftitiati
Ie jletitioft has ftOt eeeft Slihmitteft ftftft lljljlrO • ed, llft eleetor  mey  eoffijllete 
ftftft  s..bmit  a  staRdar&  jletitioft re• oeatioa  ferm
&ireetly to the BHjleF\•isor of eleetiofts. All other Fe(jHiremeats ftftft jlroeesses "!'Ill fer
the BliBmissioR _....& "erilieatiOR of the signat...es as fer imtiati • e jlOtitia-.

(a) Slljlervisors of eleetioftB shall jlro•liile jletitioa revoeatioft farms to the ""\ilie at all
maffi  and eraneh  ofliees.

(e) The jletitioa re• eeatioft ferm shall he  !ilea with the  S<ljle1' isor of eleetioas  ey
Fehfflacy  1 jlrneeiling  the "'°''* geaeral  eleetioa  or, if the
31
CODING: Words BtPiekeB are deletions; words .uru:IJlrlined are additions.

Filed 07/27/12   Page 17 of 45 PagelD 242

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                       Ch. 2011-40

iaitiati•1e ameftdmeat is Hot eerti!ied fer ballot jlosition  iH that eleetion, by Feefflftfj 
1jlrneei!iftg the Helft s"eeessi, e geHeral eleetioH. The s"Ile"isor of
eleetioftB shall jlFOJBjltry ,eriey the signatare OH the jletitioH revoeatioH ferm an& jlroeess
saeh re•1oeatioH "i'OH jlayH>eHt, m ailvaftee, of a fee of 10 eeHts or
the aet..al east of veriJYiHg s"eh signatare, ohlehe.er is less. The S<ljle;t'Visor
shall jlFOmjltry  reeoril  eaeh_  , alid ftfti!  , erilied  signatare OH a jletition re•1oeatioH
ferm m the manner jlresel'ieeil  by the Seeretary of State.
(0 The iii,isiOR shall ai!ojlt Ii .We the jletition re, oeation farms to he "sell "Hiler this
sahseetion.
ilim  The Department of St.ate may adopt rules in accordance with s.
120.54 to carry out the provisions of subsections OHfil tl}(6).
{1}(8) No provision of this code shall be deemed to prohibit a private person exercising lawful
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 to engage in activity
supporting or opposing initiative amendments.
Section 24. Effective July 1, 2012, subsections (3) and (4) of section 101.001, Florida Statutes,
are amended to read:
101.001   Precincts and polling places; boundaries.-
(3)(a) Each supervisor of elections shall maintain a suitable map drawn to a scale no smaller than
3 miles to the inch and clearly delineating all major observable features such as roads, streams,
and railway Jines and showing the current geographical boundaries of each precinct, representative
district, and senatorial district, and other type of district in the county subject to the
elections process in this code.

(bl The supervisor shall provide to the department data on all mecincts in the county associated
with the most recent decennial census blocks within each precinct.

(c)    The department  shall maintain  a searchable database that contains the precincts and the 
couesnonding  most  recent  decennial   census blocks within the precincts for each county
including a historical file that allows the census blocks to be traced through the prior decade.
fd}(h) The supervisor of elections shall notify the Secretary of State in writing within 1J! 3Q
days after any reorganization of precincts and shall furnish a copy of the map showing the current
geographical boundaries and designation of each new precinct. However, if precincts are composed of
whole census blocks, the supervisor may furnish, in lieu of a copy of the map, a list, in an
electronic format prescribed by the Department of State, associating each census block in the
county with its precinct.
fe)(el Any precinct established or altered under the provisions of this section shall consist of
areas bounded on all sides only by census block
32
CODING: Words stPiekeft are deletions; words underlined are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

 Ch. 2011-40                       LAWS OF FLORIDA                      Ch.  2011-40

boundaries from the most recent United States Census. If the census block boundaries split or
conflict with another political boundary listed below the boundary listed below may be used:
1.   Censas hleek hennd!ll"ies fFem the mast reeent United States Censas;
1.2. Governmental unit boundaries reported in the most recent Boundary and Annexation  Survey
published  by the United  States Census Bureau;
2,&. Visible features that are readily distinguishable upon the ground, such as streets, railroads,
tracks, streams, and lakes, and that are indicated upon current census maps, official Department of
Transportation maps, official municipal maps, official county maps, or a combination of such maps;
il...4.  Boundaries of public parks, public school grounds, or churches; or
i._&. Boundaries of counties, incorporated municipalities, or other poli­ tical subdivisions that
meet criteria established by the United States Census Bureau for block boundaries.
(d) Until Jaly 1, 2g12, a SH!lerviser may al'l'IY fer and elitain fFem the Seereta  ef State a
"ai.er ef the re11 irement in l''"agre.l'h (e).
(4)(llj  Within 10 days after there is any change in the division, number, or boundaries  of the
precincts,  or the location  of the polling places,  the supervisor  of elections shall make in
writing  an accurate  description  of any new or altered precincts,  setting forth the boundary
lines and shall identify the location of each new or altered polling place. A copy of the document
describing such changes shall be posted at the supervisor's office.
(b)    Any  changes  in  the  county  precinct  data  shall  be  provided   to  the
.d.!marlment within 10 days after a change.
(c)    Precinct   data  shall   include   all  precincts   for  which   precinct-level
election results and voting history results are renorted.
Section 25.   Section 101.043, Florida Statutes, is amended to read:
101.043  Identification required at polls.-
(1).1..a.l The precinct register, as prescribed in s. 98.461, shall be used at the polls for the
putpose of identifying the elector at the polls  before prier--te allowing him or her to vote. The
clerk or inspector shall require each elector, upon entering the polling place, to present one of
the following current and valid picture identifications:
l,(al  Florida driver's license.
2,\bl Florida identification card issued by the Department of Highway Safety and Motor Vehicles.
il...(e)  United States passport.
33
CODING: Words st.-iekeR are deletions; words                   are additions.

Document 22-6   Filed 07/27/12   Page 18 of 45 PagelD 243

 

 

 

Ch. 2011-40                        LAWS OF FLORIDA                      Ch. 2011-40

.i.W  Debit or credit card.
Ji.tel   Military identification.
.!i,_{f)   Student identification.
1..{gl  Retirement center identification.
a,w  Neighborhood association identification.
l!,(i)   Public assistance identification.
ilil If the picture identification does not contain the signature  of  the elector veter, an
additional identification that provides the elector's veter's signature shall be required. The
address appearing on the identification presented bv the elector may not be used as the basis to
confirm an elector"s legal residence or otherwise challenge an elector's legal residence. The
elector shall sign his or her name in the space provided on the precinct register or on an
electronic device provided for recording the elector's veter's signature. The clerk or inspector
shall compare the signature with that on the identification provided by the elector and enter his
or her initials in the space provided on the precinct register or on an electronic device provided
for that purpose and allow the elector to vote if the clerk or inspector is satisfied as to the
identity of the elector.
(c)    When an elector presents his or her picture identification  to the clerk or inspector and
the elector's address on the picture identification  matches the elector's address in the
supervisor's records. the elector may not be asked to vrovide additional information or to recite
his or her home  address.
(2) If the elector fails to furnish the required identification, the elector shall be allowed to
vote a provisional ballot. The canvassing board shall determine the validity of the ballot 
pursuant to s. 101.048(2).
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 Ne person is not shell-he 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 the precinct in
which the main office of the supervisor, as designated by the supervisor, is located when the
person has no permanent address in the county and it is the person's intention to remain a resident
of Florida and of the county in which he or she is registered to vote. Such persons who are
registered in the precinct in which the main office of the supervisor, as designated by the
supervisor, is located and who are residing outside the  county with  no permanent  address  in the
 county  shall not  be  registered  electors  of  a
34
CODING: Words stFieken are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Cb. 2011-40                      LAWS OF FLORIDA                       Cb. 2011-40

municipality and therefore shall not be permitted to vote in any municipal
election.

(2)(a) An elector who moves from the precinct in which the elector is registered may be permitted
to vote in the precinct to which he or she has moved his or her legal residence, if the chanu-e of
residence is within the same county and the !l•.,.,;ded saeh elector completes an affirmation in
substan­ tially the following form:
Change of Legal Residence of Registered Voter
Under penalties for false swearing, I, ...(Name of voter)..., swear (or affirm) that the former
address· 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 I have not voted in the precinct of my former registration in this election;
that I now reside at ...(Address oflegal residence) ... in the Municipality of ......, in ......
County, Florida, and am therefore eligible to vote in the ...... precinct of ...... County,
F1orida; and I further swear (or affirm) that I am otherwise legally registered and entitled to
vote.
...(Signature of voter whose address oflegal 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
oolling place and vote a regular ballot" however such elector is entitled to vote a provisional
ballot
WM An elector whose name changes because of marriage or other legal process may be permitted to
vote, provided such elector completes an affirmation  in substantially the following form:
Change of Name of Registered Voter
Under penalties for false swearing, I, ...(New name of voter)..., swear (or affirm) that my name
has been changed because of marriage or other legal process. My former name and address of legal
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:
35
CODING: Words strielteft are deletions; words underlined are additions.

Filed 07/27/12    Page 19 of 45 PagelD 244

 

 


Cb. 2011-40                  LAWS OF FLORIDA                  Cb. 2011-40 Name . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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) ...
(dl{el    Instead of the affirmation contained in paragraph (a) or paragraph
.(£)(bl, an elector may complete a voter registration application that indicates the change of name
or change of address of legal residence.
Such affirmation or application, when completed and presented at the precinct in which such elector
is entitled to vote, and upon verification of the elector's registration, shall entitle such
elector to vote as provided in this subsection. Ifthe elector's eligibility to vote cannot be
determined, he or she shall be entitled to vote a provisional ballot, subject to the requirements
and procedures in s. 101.048. Upon receipt of an affirmation or application certifying a change in
address oflegal residence or name, the supervisor shall as soon as practicable make the necessary
changes in the statewide voter registration system to indicate the change in address of legal
residence or name of such elector.

Section 27. Subsection (2) of section 101.131, Florida Statutes, is amended, and subsections (4)
and (5) are added to that section, to read:
101.131  Watchers at polls.-
(2) Each party, each political cammittee, and each candidate requesting to have poll watchers shall
designate, in writing to the supervisors of elections, on a form wescribed by the division, !!dim:
jlf'ieF-00 noon of the second Tuesday preceding the election poll watchers for each polling room on
election day. Designations of poll watchers fot early voting areas shall be submitted in writing to
the supervisor of elections on a form prescribed  by the division before noon at least 14 days
before early voting begins. Tbe poll watchers for eaeh polling rooms f'60ffi shall be approved by
the supervisor of elections on or before the Tuesday before the election. Poll watchers for early
voting areas shall be approved by the supervisor of elections no later than 7 days before early
voting begins. The supervisor shall furnish to each election board a list of the poll watchers
designated  and approved for such polling r!!l!!Ill! f'60ffi or early voting l!Ifil!ll """"· Desi
ation of poll watchers shall be made by the chair of the county executive committee of a political
party  the chair  of  a  politiq!I  committee   or  the  candidate  requesting  to  have  poll

36
CODING: Words stfleken are deletions; words underlined are additions_


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                      Ch. 2011-40

(4) All poll watchers shall be allowed to enter and watch polls in all polling rooms and  early
voting areas within  the county in which  they have been designated if the number of poll watchers
at any particular polling place does not exceed the number provided in this section

(5)    The  supervisor  of  elections  shall  provide  to  each  designated   poll
watcher. no later than 7 days before early voting begins a poll watcher identification  badge  that
 identifies  the  poll  watcher  by  name  Each   poll watcher must wear his or her identification
badge while in the polling room or early voting area.

Section 28. Subsections (1), (2), and (3) of section 101.151, Florida Statutes, are amended to
read:

101.151  Specifications for ballots.-

(l)(a) Marksense ballots shall be printed on paper of such thickness that the printing cannot be
distinguished from the back and shall meet the specifications of the voting system that will be
used to tabulate the ballots.

(b)    Early voting sites may employ a ballot-on-demand  production system to  print   individual  
marksense  ballots,   including  provisional   ballots,   for eligible electors pursuant to s.
101.657. Ballot-on-demand  technology may be used to produce  marksense  absentee and election-day
ballots. Net later than 3Q  days  before  an  eleetien,  the  Secretary  ef  State  may  also 
aatheri•e  in writing the ase ef ballet  en  demand teehnelegy fur the flreilaetien ef eleetien day
 ballets.

(2)(a)   The ballot  shall have  the  following  office  titles headings  under which shall appear
the names ef the eftiees and the names of the candidates for the respective offices in the
following order:

l,_    The  office   titles   of  headffig-"President   and  Vice  President•   and thereunder the
names of the candidates for President and Vice  President of the United States nominated by the
political party  that  received the highest vote for Governor in the last general election of the
Governor in this state. Then shall appear the names of other candidates  for President and Vice
President of the United States who have been  properly nominated.

2. The office titles Thea shall fullew the heailiag "Cengressienal" and thereaniler the offices of
United States Senator and Representative in Congress,;

3. The office titles then the heading "State" and thereaniler the elfiees of Governor and
Lieutenant Governor;, Attorney General;, Chief Financial Officer;, Commissioner of Agriculture;,
State Attorney, with the applica!>k judicial circuit' and Public Defender, with the applicable
judicial  circuit.

i,_ together with the aames ef the candidates fer eaeh effiee and the title of the eftiee which
they seek; thea the heading "Legislative" and therermiler The office titles efllees of State
Senator and State Representative  with the
37
CODING: Words strieken are deletions; words underlined are additions.

Document 22-6    Filed 07/27/12   Page 20 of 45 PagelD 245

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                      Ch. 2011-40

applicable district for the office printed beneath.; thea the heading "Cermty" and-therermilet-

;;.   The office titles of Clerk of the Circuit Court, or Clerk of the  Circuit Court and
Comptroller (whichever is applicable and  when   authorized by lfilv1 Clerk of the County Court
(when authorized by law), Sheriff, Property
Appraiser, Tax Collector, District Superintendent of Schools, and Supervisor of Elections.

6. The office titles Thereafter fullews: members of the Board of County Commissioners with the
applicable district printed beneath each office, and such other county and district offices as are
involved in the election, in the order fixed by the Department of State, followed, in the year of
their election, by "Party Offices," and thereunder  the offices of state and county party executive
conunittee members.
ilil Ina general election, in addition to the names printed on the ballot, a blank space shall be
provided under each heading fur an office for which a write-in candidate has qualified. With
respect to write-in candidates, if two or more candidates are seeking election to one office, only
one blank space shall be provided.

When more than one candidate is nominated for office, the candidates for such office shall qualify
and run in a group or district, and the group or district number shall be printed beneath the name
of the office. Each nominee of a political party chosen in a primary shall appear on the general
election ballot in the same numbered group or district as on the primary election ballot.

@\el Ifin any election all the offices as set forth in paragraph (a) are not involved, those
offices not to be filled shall be omitted and the remaining offices shall be arranged on the ballot
in the order named.

(3)(a) The names of the candidates of the party that received the highest number of votes for
Governor in the last election in which a Governor was elected shall be placed first •miler the
heading for each office on the general election ballot, together with an appropriate abbreviation
of the party name; the names of the candidates of the party that received the second highest vote
for Governor shall be placed second rmiler the heading for each office, together with an
appropriate abbreviation of the party name.

(b) Minor political party candidates aail eaniliilates ., ith ae part) aftiliatiea shall have their
names appear on the general election ballot following the names of recognized political parties, in
the same order as they were qualified  eertffie<I followed by the names of candidates with no party
affiliation   in the order as they were qualified.

Section 29.   Section 101.161, Florida Statutes, is amended to read:

101.161   Referenda; ballots.-
38
CODING: Words strieken are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

(1) Whenever a constitutional amendment or other public measure is submitted to tbe vote of the
people, a ballot summary the siihstanee of such amendment or other public measure shall be printed
in clear and unambiguous language on tbe ballot after tbe list of candidates, followed by tbe word
"yes" and also by tbe word "no," and shall be styled in such a manner tbat a "yes" vote will
indicate approval of the proposal and a "no" vote will indicate rejection. The ballot summary
""erdiag ef the eiihstanee of tbe amendment or other public measure and tbe ballot title to appear
on the ballot· shall be embodied in tbe joint resehitien, constitutional revision commission
proposal, constitutional convention proposal, taxation and budget reform commission proposal, or
enabling resolution or ordinance. The ballot summary Elfeef)t fop amendmente and l!allet lang1iftge
flFOflesed l!y jeint resal..tien, the s"bstanee of the amendment or otber public measure shall be
an explanatory statement, not exceeding 75 words in length, of the chief purpose of tbe measure. In
addition, for every amendment proposed by initiative, the ballot shall include, following the
ballot summary, a separate financial impact statement concerning the measure prepared by the
Financial Impact Estimating Conference in accordance with s. 100.371(5). The ballot title shall
consist ofa caption, not exceeding 15 words in length, by which the measure is commonly referred to
or spoken of. This subsection does not aooly to constitutional amendments or reyisions Proposed by
joint resolution.

(2) The ballot summary eiihstanee and ballot title of a constitutional amendment proposed by
initiative shall be prepared by the sponsor and approved by the Secretary of State in accordance
with rules adopted pursuant to s. 120.54. The Department of State shall give each proposed
constitutional amendment a designating number for convenient reference. This number designation
shall appear on the ballot. Designating numbers shall be assigned in the order of filing or
certification and in accordance witb rules adopted by tbe Department of State. The Department of
State shall furnish the designating number, tbe ballot title, and unless otherwise specified in a
joint resolution  the ballot  surnmarv the-irul>stanee of  each amendment to tbe supervisor of
elections of each county in which  such amendment is to be voted on.
(3)(a) Each joint resolution that proposes a constitutional amendment or revision shall include one
or more ballot statements set forth in order of priority Each ballot statement shall consist of a
ballot title by which the measure is commonly referred to or spoken of not exceeding 15 words in
leneth and either a ballot summary that describes the chief purpose of the amendment or revision in
clear and unambiguous language or the full text of the  amendment  or  revision   The  Department  
of  State  shall  furnish   a desii:nating number pursuant to  subsection  (2) and the  aporopriate
 ballot statement to the S!!Pervisor of elections of each county The ballot statement shall be
printed on the ballot after the list of candidates followed by the word "yes" and also by the word
"no," and shall be stvled in such a manner that a
"yes"vote will indicate approval of the amendment or revision and a "no" yote
will indicate rejection
39
CODING: Words &triekeB are deletions; words .YD.de.rJined are additions.

Filed 07/27/12   Page 21 of 45 PagelD 246

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                       Ch. 2011-40

(bll. Any  action  for  a  judicial  determination  that  one  or  more  ballot statements embodied
in a joint resolution are defective must be commenced by filing a complaint or petition with the
appropriate court within 30 davs after the joint resolution is filed with the Secretary of State 
The comolaint or oetition shall assert all grounds for challenge to each ballot statement. Any
ground not asserted within 30 days after the joint resolution is filed with the Secretary of State
is waived
2. The court including any appellate court shall accord an action described  in subparagraph  1 .
priority  over other pending cases and render a decision as exPeditiously as possible If the court
finds that all  ballot statements embodied in a joint resolution are defective and further appeals
are declined abandoned or exhausted unless otherwise provided in the ioint resolution the Attorney
General shall within 10 days prepare and submit to the Department of State a revised ballot title
or ballot summary that corrects
the deficiencies identified by the court and the Department of State shall furnish a designating
number and the revised ballot title or ballot summary
to the supervisor of elections of each county for placement on the ballot The court shall retain
jurisdiction over challenges to a revised ballot title or ballot summary prepared by the Attorney
General   and any challenge to a revised
. ballot title or ballot  summary must be filed within  1 0 days after a revised ballot title or
ballot summary is submitted to the Department of State.
3 A ballot statement that consists of the full text of an amendment or riwision shall be presumed
to be a clear and unambiguous statement of the substance  and effect of the amendment  or revision 
 proyiding fair notice to the electors of the content of the amendment or revision and 
sufficiently advising eJectors of the issue upon which they are to vote

ID3J(a) For any general election in which the Secretary of State, for any circuit, or the
supervisor of elections, for any county, has ·certified the ballot position for an initiative to
change the method of selection of judges, the ballot for any circuit must contain the statement in
paragraph (b) or paragraph (c) and the ballot for any county must contain the statement in
paragraph (d) or paragraph (e).
(b) In any circuit where the initiative is to change the selection of circuit court judges to
selection by merit selection and retention, the ballot shall state: "Shall the metbod of selecting
circuit court judges in tbe ...(number of the circuit)... judicial circuit be changed from election
by a vote of the people to selection by the judicial nominating commission and appointment by the
Governor with subsequent terms determined  by a retention vote of the people?" This statement must
be followed by the word "yes" and also by the word "no."

(c) In any circuit where tbe initiative is to change the selection of circuit court judges to
election by the voters, the ballot shall state: "Shall the method of selecting circuit court judges
in the ...(number of the circuit)... judicial circuit be changed from selection by tbe judicial
nominating commission and appointment  by  the  Governor  with  subsequent  terms  determined  by 
a
40
CODING: Words strieken are deletions; words underlined  are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                      Ch. 2011-40

retention  vote  of the  people  to  election  by  a  vote  of the people?"  This statement must be
followed by the word "yes" and also by the word "no."
(d) In any county where the initiative is to change the selection of county court judges to merit
selection and retention, the ballot shall state: "Shall the method of selecting county court judges
in ...(name of county)... be changed from election by a vote of the people to selection by the
judicial nominating commission and appointment by the Governor with subsequent terms determined by
a retention vote of the people?" This statement must be followed by the word "yes" and also by the
word "no."

(e) Inany county where the initiative is to change the selection of county courtjudges to election
by the voters, the ballot shall state: "Shall the method of selecting county court judges in
...(name of the county)... be changed from selection by the judicial nominating commission and
appointment by the Governor with subsequent terms determined by a retention vote of the people to
election by a vote of the people?" This statement must be followed by the word "yes" and also by
the word "no."

Section 30.    The  amendment  of section  101.161  Florida  Statutes, made by   this   act 
applies  retroactively  to  all  joint  resolutions  adopted   by   the Legislature  during the 
2011 Regular  Session. except  that  any legal  action challenging a ballot title or ballot summary
embodied in such joint resolution or  challenging   placement   on  the   ballot   of  the   full 
text   of   the   proposed amendment  or revision  to the  State  Constitution  as specified  in 
such joint resolution must be commenced within 30 days after the effective date of this act or
within 30 days after the joint resolution to which a challenge relates is filed with the Secretary
of State  whichever  occurs later.
Section 31. Paragraph (a) of subsection (2) of section 101.5605, Florida Statutes, is amended  to
read:
101.5605   Examination and approval of equipment.-
(2)(a) Any person owning or interested in an electronic or electromecha­ nical voting system may
submit it to the Department of State for examination. The vote counting segment·shall be certified
after a satisfactory evaluation testing has been performed according to the standards adopted under
s. 101.0150) eleetFoHie iHdustey standa•ds. This testing shall include, but is not limited to,
testing of all software required for the voting system's operation; the ballot reader; the rote
processor, especially in its logic and memory components; the digital printer; the fail-safe
operations; the counting center environmental requirements; and the equipment reliability estimate.
For the purpose of assisting in examining the system, the department shall employ or contract for
services of at least one individual who is expert in one or more fields of data processing, 
mechanical engineering, and public administration and shall require from the individual a written
report of his or her examination.
41
CODING: Words stt'ieken are deletions; words underlined are additions.

Document 22-6   Filed 07/27/12   Page 22 of 45 PagelD 247

 

 

 

Ch. 2011-40                        LAWS OF FLORIDA                      Ch. 2011-40

Section 32. Subsection (11) of section 101.5606, Florida Statutes, is amended to read
101.5606 Requirements for approval of systems.-No electronic or electromechanical voting system
shall be approved by the Department of State unless  it is so constructed  that:
(11)   It is capable of automatically producing precinct totals in printed,
marked, er fmnehed form, er a eembinatien the:reef.

Section 33. Subsection (4) is added to section 101.56075, Florida Statutes, to read:
101.56075 Voting methods.-
(4)  By December 31 2013 all voting systems utilized by voters during a state election shall permit
placement  on the ballot of the full text of a constitutional amendment or revision containing
stricken or underlined text.
Section 34. Paragraph (a) of subsection (4) of section 101.5612, Florida Statutes,  is amended  to
read:
101.5612   Testing of tabulating equipment.-
(4)(a)l. For electronic or electromechanical voting systems configured to include electronic or
electromechanical tabulation devices  which are dis­ tributed to the precincts,  all or a sample of
the devices to be used in the election shall be publicly tested. Ifa sample is to be tested, the
sample shall consist of a random selection of at least 5 percent or 10 of the devices for an
optical scan system BF 2 peFeeHt ef the de iees fep a teaehsereen B;} stem er lQ of the ileviees
for either system, as applieahle, whichever is greater. For touchscreen systems used for voters
having a disability a sample of at least 2 percent   of  the   devices  must   be   tested.  The 
test  shall  be  conducted   by processing a group of ballots, causing the device to output results
for  the ballots processed, and comparing the output of results to the results expected for the
ballots processed. The group of ballots shall be produced  so as to record a predetermined number
of valid votes for each candidate and on each measure and to include for each office one or more
ballots  which  have activated voting positions in excess of the number allowed by law in order to
test the ability of the tabulating device to reject such votes.
2.   Ifany tested tabulating device is found to have an error in tabulation, it shall be deemed
unsatisfactory. For each device deemed unsatisfactory, the canvassing board shall take steps to
determine the cause of the error, shall attempt to identify and test other devices that could
reasonably be expected to have the same error, and shall test a number of additional devices
sufficient to determine that all devices are satisfactory. Upon deeming any device unsatisfactory,
the canvassing board may require all devices to be tested or may declare that all devices are
unsatisfactory.
.                                   42
CODING: Words strieken are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP     Document 22-6

 

 

 

Cb. 2011-40                        LAWS OF FLORIDA                      Cb. 2011-40

3. If the operation or output of any tested tabulation device, such as spelling or the order of
candidates on a report, is in error, such problem shall be reported to the canvassing board. The
canvassing board shall then determine if the reported problem warrants its deeming the device
unsatisfactory.
Section 35. Subsection (4) of section 101.5614, Florida Statutes, is amended to read:
101.5614   Canvass of returns.-
(4) Ifballet etmls are ased, '"'"separate write iR ballets BF eft'lelepes fer easting vffite iR •
ates are Hsed, 1ffite iB ilalleta BF the e•h elapes BB "Nhieh write inilallata ha·«e ileeft east
shall Ile serially RHH>ileFed, starting with the RHmBeF eae, aad the same ffilffiBeF shall Ile
plaeed BB the ballet eard af the '"BteF. This preeess ffiey Ile eoJRpleted at eitheF the preeiRet
by the eleetioa iloam BF at the eeatrel eoHBtiBg loeatioa. For each ballot or ballot image aBd
ballot ea.elepe on which write-in votes have been cast, the canvassing board shall compare the
write-in votes with the votes cast on the ballot eard; if the total number of votes for any office
exceeds the number allowed by law, a Rotation te that elfeet, speeieyiag the oftiee iB• el.et!,
shall Ile enteFed BB the haek of the ballot eard OF in a ffiBFgfft if , oting areas BFe priBted on
hath sides of the ballot eaFEI. such votes shall not be counted. All valid votes shall be tallied 
by the canvassing board.
Section 36. Subsection (6) is added to section 101.591, Florida Statutes, to read:
101.591 Voting system audit.-
(6)   If a  manual  recount  is  undertaken  pursuant  to  s   102 166   the canvassing board  is
not required  to perfonn  the audit provided  for in this

Section 37. Paragraphs (a) and (b) of subsection (1) and subsections (3) and (4) of section 
101.62, Florida  Statutes, are amended to read:
101.62  Request for absentee ballots.-
(l)(a) The supervisor shall accept a request for an absentee ballot from an elector in person or in
writing. One request shall be deemed sufficient to receive an absentee ballot for all elections
through the end of the calendar
.l:'.fil!Lllf the second ensuini: ReEt regularly scheduled general election, unless
the elector or the elector's designee indicates at the time the request is made the elections for
which the elector desires to receive an absentee ballot. Such request may be considered canceled
when any first-class mail sent by the supervisor to the elector is returned as undeliverable.
(b) The supervisor may accept a written or telephonic request for an absentee ballot from the
elector, or, if directly instructed by the elector, a member of the elector's immediate family, or
the elector's legal guardian. For
43
CODING: Words striekea are deletions; words .J!Il..d..er.ll are additions.

Filed 07/27/12   Page 23 of 45 PagelD 248

 

 

 

Cb. 2011-40                        LAWS  OF FLORIDA                      Cb. 2011-40

purposes of this section, the term "immediate family" has the same meaning as specified in
paragraph ill(cl f4*bl. The person making the request must disclose:
1.   The name of the elector for whom the ballot is requested.
2.    The elector's address.
3.    The elector's date of birth.
4.   The requester's name.
5.   The requester's address.
6.   The requester's driver's license number, if available.
7.   The requester's relationship to the elector.
8.   The requester's signature (written requests only).
(3) For each request for an absentee ballot received, the supervisor shall record the date the
request was made, the date the absentee ballot was delivered to the voter or the voter's designee
or the date the absentee ballot was delivered to the post office or other carrier, the date the
ballot was received by the supervisor, and such other information he or she may deem necessary.
This information shall be provided  in  electronic  format  as provided by rule adopted by the
division. The information shall be updated and made available no later than 8 a.m.  B8Bft of each
day including weekends beginning 60 days before the primary until 15 days after the general
election and shall be contemporaneously provided to the division. This information shall be
confidential and exempt from the provisions of s.
119.07(1) and shall be made available to or reproduced only for the voter requesting the ballot, a
canvassing board, an election official, a political party or official thereof, a candidate who has
filed qualification papers and is opposed in an upcoming election, and registered political
committees or registered  committees of continuous existence, for political purposes only.
(4)(a) No later than 45 days before each presidential preference primarv election primacy eJection
and general election the supervisor of elections shall send an absentee ballot as provided in
subparagraph W2. \1>)2. to each absent uniformed services voter and to each overseas voter who has
requested an absentee ballot.
(b) The supervisor of elections shall mail an absentee ballot to each absent qualified voter other
than those listed in paragraph (a) who has requested  such  a  ballot   between   the  35th  and 
28th  days  before   the presidential preference primary election  primary  election  and   general
election  Except as otherwise provided in subsection (2) and after the period described in this
Pl!rru:raph. the supervisor  shall  mail   absentee  ballots within 2 business days after receiving
a request for such a ballot
44
CODING: Words strieken are deletions; words                  are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                      Ch. 2011-40

fl;}(bl The supervisor shall provide an absentee ballot to each elector by whom a request for that
ballot has been made by one of the following means:
1. By nonforwardable, return-if-undeliverable mail to the elector's current mailing address on file
with the supervisor or, unless the eJeeteF speeilies in the Fe<juest that:
a. The eleeteF is absent &em the ee and does not plan te return befeFe the-day-e!'-the-eleetioo;
b.   The eleeteF is tempeFaFifj  unable te eeeup the Fesidenee beeause ef
luurieane, tsmade, f.leed, fire, er ether emergeney BF ne-tl:lral. disasteFt-ef'

e. The eleeteF is in a hespital, assisted living faeility, nuFsing heme, shsFt term medieal SF
Fehabilitatisn faeility, SF esFFeetisnal faeility,
in whieh ease the SlljleFYiseF shall mail the ballet by nenfeF1vaFdable, Feturn
if undeli 'emble mail ts any other address the elector specifies in the request.
2. By forwardable mail, e-mail, or facsimile machine transmission to absent uniformed services
voters and overseas voters. The absent uniformed services voter or overseas voter may designate in
the absentee ballot request the preferred method of transmission. If the voter does not designate
the method of transmission, the absentee ballot shall be mailed.
3. By personal delivery before 7 p.m. on election day to the elector, upon presentation  of the
identification required  in s. 101.043.
4. By delivery to a designee on election day or up to 5 days prior to the day of an election. Any
elector may designate in writing a person to pick up the ballot for the elector; however, the
person designated may not pick up more than two absentee ballots per election, other than the
designee's own ballot, except that additional ballots may be picked up for members of the
designee's immediate family. For purposes of this section, "immediate family" means the designee's
spouse or the parent, child, grandparent, or sibling of the designee or of the designee's spouse.
The designee shall provide to the supervisor the written authorization by the elector and a picture
identifica­ tion of the designee and must complete an affidavit. The designee shall state in the
affidavit that the designee is authorized by the elector to pick up that ballot and shall indicate
if the elector is a member of the designee's immediate family and, if so, the relationship. The
department shall prescribe the form of the affidavit. If the supervisor is satisfied that the
designee is authorized to pick up the ballot and that the signature of the elector on the written
authorization matches the signature of the elector on file, the supervisor shall give the ballot to
that designee for delivery to the elector.
Section 38.   Section 101.65, Florida Statutes, is amended to read:
101.65 Instructions to absent electors.-The  supervisor  shall  enclose with each absentee ballot
separate printed instructions in substantially the following form:
45
CODING: Words atFiel<eH are deletions; words underlined are additions.

Document 22-6    Filed 07/27/12   Page 24 of 45 PagelD 249

 

 

 

Ch. 2011-40                        LAWS OF FLORIDA                      Ch. 2011-40

READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
1.  VERY IMPORTANT. In order to ensure that your absentee ballot will be counted, it should be
completed and returned as soon as possible so that it can reach the supervisor of elections of the
county in which your precinct is located no later than 7 p.m. on the day of the election.
2. Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you
are unable  to do so because of blindness, disability, or inability to read or write.
3. Mark only the number of candidates or issue choices for a race as indicated on the ballot. Ifyou
are allowed to "Vote for One" candidate and you vote for more than one candidate, your vote in that
race will not be counted.
4.   Place your marked ballot in the enclosed secrecy envelope.
5. Insert the secrecy envelope into the enclosed mailing envelope which is addressed to the
supervisor.
6. Seal the mailing envelope and completely fill out the Voter's Certificate on the back of the
mailing envelope.
7. VERY IMPORTANT. In order for your absentee ballot to be counted, you must sign your name on the
line above (Voter's Signature). An absentee ballot  will  be considered  illegal and  not be 
counted  if the signature on the voter's certificate does not match the signature on record. The
signature on file at the start of the canvass of the absentee ballots is the signature that will be
used to verify your  signature  on  the  voter's  certificate.  If you  need   to update your
signature for this election   send your signature update on a voter registration  application to
your supervisor of elections  so that it is received no later than the start of the canvassing of
absentee ballots, which occurs no lLarJilu:..tiJJ!JJ.J;.b_!LlJ)_th day before  e!iLcJ;ion..dJ!Y,
8. VERY IMPORTANT. If you are an overseas voter, you must include the date you signed the Voter's
Certificate on the line above (Date) or your ballot may not be counted.
9.   Mail, deliver, or have delivered  the completed mailing envelope. Be
sure there is sufficient postage if mailed.

10. FELONY NOTICE. It is a felony under Florida law to accept any gift, payment, or gratuity in
exchange for your vote for a candidate. It is also a felony under Florida law to vote in an
election using a false identity or false 11ddress, or under any other circumstances making your
ballot false or fraudulent.

Section 39. Subsection (1) of section 101.657, Florida Statutes, is amended to read:
46
CODING: Words striekeR are deletions; words underlined are additions.


Case 8:12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Cb. 2011-40                       LAWS OF FLORIDA                      Cb. 2011-40

101.657   Early voting.-

(l)(a) AB 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 and shall have been
designated and used as such for at least 1year prior to the election. The supervisor may also
designate any city hall or permanent public library facility as early voting sites; however, if so
designated, the sites must be geographically located so as to provide all voters in the county an
equal opportunity to cast a ballot, insofar· as is practicable. The results or tabulation of votes
cast during early voting may not be made before the close of the polls on election day. Results
shall be reported by precinct.

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

(c) All early voting sites in a county shall be OfleB OB the same diey s for the same ams1H1t of
tiffie aBd shall allow any per.son in line at the closing of an early voting site to vote.
(d) Early voting shall begin on the 1llth!&th day before an election that  contains  state  or 
federal  races  and  end on the .3N l!BEi day before  till! "" election and. For fllll'pOSes sf a
special eleetioa held flHFSHaat to s. lGQ.lGl,
early votiag shall begiB OB the 8th diey before "" electioa 1md ead OB the 2ad diey befo•e lift
electiOB. Etll'I) ,otiag shall be provided for no less than 6 8 hours  and  no  more  than   12
hours  per  .diiy  weekday  aBd  8 hoHFS  in the
aggt>egate each   eekead at each site during the applicable Mii!l!! pel'iotls.
The supervisor of elections may provide early voting for elections that are not heJd in coniunction
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. El>Fi) ,otiBg sites shall spea BO sooaer
thaB 7 a.m. aBd close BO late• thaB 7 p.m. oa each "flfllieable diey.

(e)  Notwithstanding the requirements of s. 100.3605, municipalities may provide early voting in
municipal elections that are not held in conjunction with county or state elections. Ifa
municipality provides early voting, it may designate as many sites as necessary and shall conduct
its activities in accordance with the provisions of paragraphs (a)-(c). The supervisor is not
required to conduct early voting if it is provided pursuant to this subsection.
(0 Notwithstanding the requirements of s. 169.405, special districts may provide early voting in
any district election not held in conjunction with county or state elections. If a special district
provides early voting, it may designate  as  many  sites  as necessary  and  shall conduct  its 
activities  in
47
CODING: Words stf'ieken are deletions; words underlined are additions.

Filed 07/27/12    Page 25 of 45 PagelD 250

 

 

 

Cb. 2011-40                       LAWS OF FLORIDA                      Cb. 2011-40

accordance with the provisions of paragraphs (a)-(c). The supervisor is not required to conduct
early voting if it is provided pursuant to this subsection.

Section 40. Paragraph (a) of subsection (2) of section 101.68, Florida Statutes, is amended  to
read:
101.66   Canvassing of absentee ballot.-

(2)(a) The county canvassing board may begin the canvassing of absentee ballots at 7 a.m. on the
llithshrth day before the election, but not later than noon on the day following the election. In
addition, for any county using electronic tabulating equipment, the processing of absentee ballots
through such tabulating equipment may begin at 7 a.m. on the 1 5th siMth day before the election.
However, notwithstanding any such authorization to begin canvassing or otherwise processing
absentee ballots early, no result shall be released until after the closing of the polls in that
county on election day. Any supervisor of elections,  deputy supervisor of elections, canvassing
board member, election board member, or election employee who releases the results of a canvassing
or processing of absentee ballots prior to the closing of the polls in that county on election day
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

Section 41. Subsection (2) of section 101.6923, Florida Statutes, is amended to read:
101.6923   Special  absentee  ballot  instructions  for  certain  first-time
voters.-
(2) A voter covered by this section shall be provided with printed instructions with his or her
absentee ballot in substantially the following form:

READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS
MAY CAUSE YOUR BALLOT NOT TO COUNT.

1. In order to ensure that your absentee ballot will be counted, it should be completed and
returned as soon as possible so that it can reach the supervisor of elections of the county in
which your precinct is located no later than 7 p.m. on the date of the election.

2. Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you
are unable to do ·so because of blindness, disability, or inability to read or write.

3. Mark only the number of candidates or issue choices for a race as indicated on the ballot. Ifyou
are allowed to "Vote for One" candidate and you vote for more than one, your vote in that race will
not be counted.
48
CODING: Words stffekeft are deletions; words                  are additions.


Case 8: 12-cv-01294-JDW-MAP     Document 22-6

 

 

 

Ch. 2011-40                         LAWS  OF FLORIDA                         Ch. 2011-40

4. Place your marked ballot in the enclosed secrecy envelope and seal the envelope.
5. Insert the secrecy envelope into the enclosed envelope bearing the Voter's Certificate. Seal the
envelope and completely fill out the Voter's Certificate on the back of the envelope.
a.  You must sign your name on the line above (Voter's Signature).
b. Ifyou are an overseas voter, you must include the date you signed the Voter's Certificate on the
line above (Date) or your ballot may not be counted.
c. An absentee ballot will be considered illegal and will not be counted if th  ilmi!Lur!LQ!J the
Voter's  Certificate  (i.QfilL@Lmatch  the  sigriatl!re  on record. The sigriature on file at the
start of the canvass of the absentee ballots is  the  signature  that  will  be  used  to  verify 
your  sigriature  on  the Voter's Certificate. If you need to update your signature for this
election  send your signature update on a voter  registration application to your  supervisor  of
elections  so  that  it  is  received   no  later  than  the  start  of  canvassing  of absentee
ballots  which occurs no earlier than the  1 5th day before  election
m
6. Unless you meet one of the exemptions in Item 7., you must make a copy of one of the following
forms of identification:
a. Identification which must include your name and photograph: United States passport; debit or
credit card; military identification; student identification; retirement center identification;
neighborhood association identification; or public assistance identification; or

b. Identification which shows your name and current residence address: current utility bill, bank
statement, government check, paycheck, or government document (excluding voter identification
card).
7.  The identification requirements of Item 6. do not apply if you meet one of the following
requirements:
a.    You are 65 years of age or older.
b.    You have a temporary or permanent physical  disability.
c.    You are a member of a uniformed service on active duty who, by reason
of such active duty, will be absent from the county on election day.
d. You are a member of the Merchant Marine who, by reason of service in the Merchant Marine, will
be absent from the county on election day.
e.  You are the spouse or dependent of a member referred to in paragraph
c. or paragraph d. who, by reason of the active duty or service of the member, will be absent from
the county on election day.
f.   You are currently residing outside the United States.
49
CODING: Words stfleken are deletions; words underlined are additions.

Filed 07/27/12   Page 26 of 45 PagelD 251

 

 

 

Ch. 2011-40                         LAWS  OF FLORIDA                         Ch. 2011-40

8. Place the envelope bearing the Voter's Certificate into the mailing envelope addressed to the
supervisor. Insert a copy of your identification in the mailing envelope. DO NOT PUT YOUR 
IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE
VOTER'S CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.
9. Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient
postage if mailed.
10. FELONY NOTICE. It is a felony under Florida law to accept any gift, payment, or gratuity in
exchange for your vote for a candidate. It is also a felony under Florida law to vote in an
election using a false identity or false address, or under any other circumstances making your
ballot false or fraudulent.
Section 42.  Subsection (3) of section 101.75, Florida Statutes, is amended to read:
101.75   Municipal elections; change of dates for cause.-
(3) Notwithstanding any provision of local law or municipal charter, the governing body of a
municipality may, by ordinance, move the date of any municipal election to a date concurrent with
any statewide or countywide election. The dates for qualifying for the election moved by the
passage of such ordinance shall be specifically provided for in the ordinance and-shall FUH fop HB
less thllH 14 days. The term of office for any elected municipal official shall commence as
provided by the relevant  municipal charter or ordinance.

Section 43. Subsection (4) of section 102.141, Florida Statutes, is amended to read:
102.141  County canvassing board; duties.-
(4) The canvassing board shall reoort all early voting and all tabulated absentee results to the
Department of State within 30 minutes after the polls close. Thereafter  the  canvassing  board 
shall  report   with  the exception  of proyisjonal ballot results updated  precinct  election 
results  to  the  depart­ ment at least every 45 minutes until all results are completely reported.
The supervisor of elections shall notify  the   department   immediately of any circumstances that
do not permit periodic updates as reJl!lired. Results sh!!]) be submitted in a format prescribed by
the department sHBIHit by 11:09 l'.m. BH eleetiaH night the !l•elimiHary retHrns it has Feeeived ta
the De!lartment af State in a faFJHat "'",ided by the del'anJHeat.
Section 44. Subsection (4) of section 102.168,  Florida Statutes, is amended, and subsection (8) is
added to that section, to read:
102.168   Contest of election.-
50
CODING: Words 5tfteken are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                     Ch. 2011-40

(4)   The eeuBty canvassing board resnonsible for canvassing the election is an indispensable Elftd
prepe• party defendant in county and local e)ections.1 The Elections Canvassing Commission is an
indispensable aftd p•epe• party defendant in federal, state, and multicounty  elections and in
elections for justice of the Supreme Court  judge of a district court of apneal  and judge of a
circuit court mees;-aOO The successful candidate is an indispensable party to any action brought to
contest the election or nomination of a candidate.

(8) In any contest that requires a review of the capyassine- board's decision on the Iei:a]ity ofan
absentee ballot pursuant to s 101 68 based upon a comparison of the signature on the voter's
certificate and the signature of the elector in the registration records the circuit court may not
review  or consider any evidence other than the signatures on the voter's certificate and the
signature of the elector in the ree-jstration records The court's review of such issue shall be to
determine only if the canvassing board  abused its discretion in making its decision

Section 45. Paragraph (a) of subsection (4) of section 103.021, Florida Statutes, is amended  to
read;

103.021 Nomination for presidential electors.-Candidates for presiden­ tial electors shall be
nominated in the following manner:

(4Xa) A minor political party that is affiliated with a national party holding a national
convention to nominate candidates for President and Vice President of the United States may have
the names of its candidates for President and Vice President of the United States printed on the
general election ballot by filing with the Department of State a certificate naming the candidates
for President and Vice President and listing the required number of persons to serve as electors.
Notification to the Department of State under this subsection shall be made by September 1 of the
year in which the election is held. When the Department of State has been so notified, it shall
order the names of the candidates nominated by the minor political party to be included on the
ballot and shall permit the required number of persons to be certified as electors in the same
manner as other party candidates. As used in this section, the term "national party" means a
political party that is registered with and recognized as a qualified national committee of a
political party by the Federal Election Commission established aftd adlftitted te the ballet ift at
least efte etate ethe• thftft Flel'ida.
Section 46. Section 103.095, Florida Statutes, is created to read; 103.095 Minor oolitical parties
-
(1)   Any wup of citizens organized for the general purposes of electine- to
office qualified nersons and determining public issues under the democratic processes  of the
United  States may become  a minor  political  party  of this state by  filing with  the 
department  a certificate  showing  the  name  of the organization   the names  and addresses of
jts  current officers   including the members  of its executive  committee   accompanied  by a 
completed uniform
51
CODING: Words &tPiekea are deletions; words underlined are additions.

Filed 07/27/12   Page 27 of 45 PagelD 252

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                      Ch. 2011-40

statewide voter registration application as specified in s. 97.052 for each of its current officers
and members of its executive committee which reflect their affiliation with the proposed minOr
political party and a copy of its constitution. bylaws  and rules and regulations.

(2)  Each elector registered to vote in the minor political party in which he or she has so
designated has a fundamental ria-ht to fully and meaningfully participate  in the business  and 
affairs  of the minor  political  party without any monetary encumbrance. The constitution bylaws
rules  regulations or other equivalent documents must reflect this fundamental  riht and must
provide for and contain reasonable provisions that at a minjmum prescribe procedures to: prescribe
its membership· conduct its meetings accordini to generally accepted parliamentary practices·
timely notify its members as to the time date. and place of all of its meetings· timely publish 
notice  on  its public  and  functioning  website  as to the  time date and place of all of its
meetings; elect its officers; remove its officers· make party nominations when required by law;
conduct camnaigns  for party nominees· raise and exuend party funds; select delegates to its
national  convention. if applicable; select presidential  electors   if  applicable· and  alter  or
 amend  all  of its i:overning documents.

(3)  The  members  of  the  executive  committee  must  elect  a  chair    yice chair secretary and
treasurer. all of whom shall be members of the minor political party and no member may hold more
than one office excent that one person may hold the offices of secretary and treasurer.

(4) Upon apwoyal of the minor political party's filing the department shall process the vnter
registration applications submitted by the minor political party's officers and members of its
executive committee It shall be the duty of the minor political party to notify the department of
any changes in the filing certificate within 5 days after such changes.

(5) The Division of Elections shall adopt rules to prescribe the manner in which political 
parties,  including minor  political  parties  may have  their filings with  the  Department  of
State canceled.  Such rules  shall    at a minimum provide for:

<al   Notice   which  must  contain  the facts and  conduct  that  warrant  the intended action
including but not limited to the failure to have any voters registered in the party the failure to
notify the department of replacement officers the failure to file campaign finance reports  the
failure to adopt and file with the department all governing documents containing the provisions
specified in subsection (2)  and limited  activity.

(bl   Adequate  opportunity  to respond

(cl  Appeal  of  the  decision  to  the  Florida  Elections  Commission.   Such appeals are exempt
from the confidentiality provisions of s. 106.25.
52
CODING: Words strieken are deletions; words underlined are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                         LAWS  OF FLORIDA                         Ch. 2011-40

(6)  The  requirements  of  this  section  are  retroactive  for  any   minor political party 
registered  with the department  on July  1  2011   and must be complied with within 180 days after
the department provides notice to the minor political party of the requirements contained in this
section. Failure of the minor political party to comply with the requirements within 180 days after
receipt of the notice shall automatically result in the cancellation of the minor political party's
registration
Section 47.    Section 103.101, Florida Statutes, is amended to read:
103.101 Presidential preference primary.-
(l)(a)   There shall be a Presidential Preference Primary Date Selection Committee composed of the
Secretary  of State  who shall be a  nonvoting chair  three members  no more than two of whom  may
be  from the same political party appointed by the Governor three members. no more than two of whom
may be from the same political party. appointed by the Speaker of the House of Representatives· and
three members  no more than two of whom may be  from the same political  party,  appointed  by  the
 President  of  the Senate. No later than October  1 of the year  preceding the presidential
preference  primary   the  committee  shall   meet  and  set  a  date  for  the presidential 
preference  primary   The date selected  may be  no earlier than the first Tuesday in January and
no later than the first Tuesda,y in March in the year of the presidential  preference primary. The
presidential preference prima,ry shall be held in each year the number of which is a multiple of
four.
ilil Each political party other than a minor political party shall, on the date selected by the
Presidential Preference Primary Date Selection Committee last Taesilay in Jenaary in each year the
number of which is a multiple of 4, elect one person to be the candidate for nomination of such
party for President of the United States or select delegates to the national nominating convention,
as provided by party rule. Any party rule directing the vote  of delegates at a national 
nominating  convention  shall reasonably reflect the results of the presidential  preference
primarv  if one is held.

(2)(a) The•e shall be a P•esiilential CaHiliilate Seleetian Committee eam-paseil af the See<etary
af State, "ha shall be a nen' eting ehai•; the Speake• ef the Haase ef RepFesenteti, es; the
P•esiilent ef the SeHate; the minerit) leaile• af eaeh haase ef the Legislatare; anil the ehaiF af
eaeh pelitieal part) Fe!juireil te ha·;e a presiileHtial prefurenee primary rmiler this seetieH.
\hl By October 31 of the year preceding the presidential preference primary, each political party
shall submit to the Secretary of State a list of its presidential candidates to be placed on the
presidential preference primary ballot or candidates entitled to have delegates appear on the
presidential preference primary ballot. The Secretary of State shall prepare and publish a list of
the names of the presidential candidates submitted not later than on the first Tuesday after the
first Monday in November of the year preceding the presidential preference primary. The See<etary
ef State shall submit
53
CODING: Words stFiekeR are deletions; words underlined are additions.

Document 22-6    Filed 07/27/12   Page 28 of 45 PagelD 253

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                      Ch. 2011-40

saeh list af names af p•esiileHtial eanwilates ts the seleetian eemmittee sH the first Tesila)
alte• the fi•st Maniley in Ne•1ember af the ) ear p•eeeiliHg the presiilentiel preferenee primary.
Eaeh peman ilesignateil as a presiilen tie! eeniliilate shell ha'le his er her name appear, er
hi>'.ehis a• he• ilelegates' Hames appea<, SH the presiilentiel prefurenee primary  hellet rmless
all eemmittee members sf the same pelitieal pruty as the eeniliilate agree ta delete sueh
eaniliilete's name &em the ballet.
(el The seleetian eammittee shall meet in Tallahassee en the  fi•st Tttesile) alter the first
Manila) in Ne, emher sf the ) ear preeeiling the presidential preference primary . The seleetien
eemmittee shall publiely anneunee enil suhmit ts the Department sf State ne leter then Iip.m. an
the fulls "iHg ila) the Hames sf p•esidentiel eeniliiletes "he shell ha, e their Hames efJpeaF, SF
"he B:Fe eHtitleel te ha-ve theiF delegates' names appeaF, en the presiileHtial preferenee primary 
hallat. The Department of State shall immediately notify each presidential candidate listed
ilesignateil by the Secretary of Sta.te eemmittee. Such notification shall be in writing, by
registered  mail, with return  receipt  requested.
(3) A candidate's name shall be printed on the presidential preference primary ballot unless the
candidate submits to the Department of State, prior to the second Tuesday after the first Monday in
November of the year preceding the presidential preference primary, an affidavit stating that he or
she is not now, and does not presently intend to become, a candidate for President at the upcoming
nominating convention. Ifa candidate withdraws pursuant to this subsection, the Department of State
shall notify the state executive committee that the candidate's name will not be placed on the
ballot. The Department of State shall, no later than the third Tuesday after the first Monday in
November of the year preceding the presidential preference primary, certify to each supervisor of
elections the name of each candidate for political party nomination to be printed on the ballot.
(4) The names of candidates for political party nominations for President of the United States
shall be printed on official ballots for the presidential preference primary election and shall be 
marked, counted, canvassed, returned, and proclaimed in the same manner and under the same
conditions, so far as they are applicable, as in other state elections. If party rule requires the
delegates' names to be printed on the official presidential preference primary ballot, the name of
the presidential candidates for that political party may not be printed separately, but the ballot
may reflect the presidential candidate to whom the delegate is pledged. If, however, a political
party has only one presidential candidate, neither the name of the candidate nor the names of the
candidate's delegates shall be printed on the ballot.

(5) The state executive committee of each party, by rule adopted at least Jill 120 days prior to
the presidential preference primary election, shall determine the number, and establish procedures
to be followed in the selection, of delegates and delegate alternates from among each candidate's
supporters. A copy of any rule adopted by the executive committee shall be
54
CODING: Words stfiekeH are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP     Document 22-6

 

 

 

Ch. 2011-40                      LAWS  OF FLORIDA                        Cb. 2011-40

filed with the Department of State within 7 days after its adoption and shall become a public
record. The Department of State shall review the procedures and shall notify the state executive
committee of each political party of any ballot limitations. The Department of State may promulgate
rules for the orderly conduct of the presidential preference primary ballot.
(6) Delegates Hl"'1t 'llialify lie lateF thall the seeella FFiaay ill Ne •emheF ef the ) ewe
jlFeeeamg the jltesiaeBtial jlFefet.eBee jlrimaey ill the maIIIleF jlFe ii8e8 8) !'wet) mle.
(7)   All 8elegetes shall he alleeate8 as jlFe need h) jl8"ty rule.
{2}\8) All names of candidates or delegates shall be listed as directed by the Department of State.
Section 48.   Section 103.141, Florida Statutes, is amended to read:
103.141 Removal of county executive committee member for violation of oath.-
fB If Where the county executive committee by at least a two-thirds majority vote of the members of
the committee, attending a meeting held after due notice has been given and at which meeting a
quorum is present, determines an incumbent county executive committee member i3*8-be guilty of an
offense involving a violation of the member's oath of office, the sai8 member se·;ielating IHs eF
heF eath shall be removed from office and the office shall be deemed vacant. PF0vided; However, if
the county committee wrongfully removes a county committee member and the committee member se
wrongfully removed files suit in the circuit court alleging his or her removal was wrongful and
wins the. said suit, the committee member shall be restored to office and the county committee
shall pay the costs incurred by the wrongfully removed committee member in bringing the suit,
including reasonable attorney's fees.
(2) t.n:i ellieer, eeWlty eemmitteem8II, eewi.t) eemmittee ..small, jlPeeillet eemmitteeman,
preeiHet eammittee., emaB, er member of a eeaaty e:xeeutive eemmittee ffi8) he reme,ed &em elliee
jlttFBtl8Ilt te s. lll3.161.
Section 49.   Section 103 1 61  Florida Statutes  is repealed
Section 50.    Section 104.29, Florida  Statutes, is amended to read:
104.29 Inspectors refusing to allow watchers while ballots are counted. The inspectors or other
election officials at the polling place shall,
at all times ..hi!e the ballets wee heiilg eewi.ted, allow as many as three persons near to them to
see whether the ballots are being =nciled correctly. pea8 &lift ealle8 a..S the , ates eeFFeetly
tallie8, aBB Any official who denies this privilege or interferes therewith commits is guilty ef a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
55
CODING: Words etrlelreII are deletions; words underlined are additions.

Filed 07/27/12   Page 29 of 45 PagelD 254

 

 

 

Ch. 2011-40                      LAWS  OF FLORIDA                        Ch. 2011-40

Section 51. Paragraph (b) of subsection (4) of section 105.031, Florida Statutes, is amended to
read:
105.031 Qualification; filing fee; candidate's oath; items required to be filed.-
(4)  CANDIDATE'S OATH.-
(b) All candidates for judicial office shall subscribe to an oath or affirmation in writing to be
filed with the appropriate qualifying officer upon qualifying. A printed copy of the oath or
affirmation shall be furnished to the candidate by the qualifying officer and shall be in
substantially the following form:

State of Florida County of ......
Before me, an officer authorized to administer oaths, personally appeared
...(please print name as you wish it to appear on the ballot) ..., to me well known, who, being
sworn, says he or she: is a candidate for the judicial office of ......; that his or her legal
residence is ...... County, Florida; that he or she is a qualified elector of the state and of the
territorial jurisdiction of the court to which he or she seeks election;  that he or she is
qualified under the constitution and laws of Florida to hold the judicial office to which he or she
desires to be elected or in which he or she desires to be retained; thttt-he-m­
she has taken the eath re'!"ired B) SS. 876.0!i 876.10, Flerida stat..tes; that
he or she has qualified for no other public office in the state, the term of which office or any
part thereof runs concurrent to the office he or she seeks; aBd that he or she has resigned from
any office which he or she is required to resign pursuant to s. 99.012, Florida Statutes· and that
he or she will support the Constitution  of the United  States  and the  Constitution  of the 
State of Florida.

...(Signature of candidate)...
...(Address)...

Sworn to and subscribed  before me this ...... day of ......, ...(year)..., at ...... County, 
Florida.

...(Signature and title of officer administering oath)...
Section 52. Subsection (3), paragraph (b) of subsection (5), subsection (15), and paragraph (c) of
subsection (16) of section 106.011, Florida Statutes, are amended to read:
56
CODING: Words stFiekeft are deletions; words                    are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                         LAWS  OF FLORIDA                         Ch. 2011-40

106.011 Definitions.-As used in this chapter, the following terms have the following meanings
unless the context clearly indicates otherwise:
(3)   "Contribution" means:
(a) A gift, subscription, conveyance, deposit, loan, payment, or distribu­ tion of money or
anything of value, including contributions in kind having an attributable monetary value in any
form, made for the purpose of influencing the  results  of an election or making an electioneering 
communication.

(b)  A transfer of funds between political committees, between committees of continuous existence,
between electioneering communications organiza­ tions, or between any combination of these groups.
(c) The payment, by any person other than a candidate or political committee, of compensation for
the personal services of another person which are rendered to a candidate or political committee
without charge to the candidate or committee for such services.
(d) The transfer of funds by a campaign treasurer or deputy camprugn treasurer between a primary
depository and a separate interest-bearing account or certificate of deposit, and the term includes
any interest earned on such account or certificate.

Notwithstanding the foregoing meanings of "contribution," the term may weffi-shall not be construed
to include services, including, but not limited to, legal and accounting services, provided without
compensation by individuals volunteering a portion or all of their time on behalf of a candidate or
political committee. This definition shall not he eanstrueil ta ineh1ile editorial endorsements.

(5)

(b) An expenditure for the purpose of expressly advocating the election or defeat of a candidate
which is made by the national, state, or county executive committee of a political party,
inclllding any subordinate commit­ tee of a national, state, or county committee of a political
party, or by any political committee or committee of continuous existence, or any other person,
shall not be considered an independent expenditure if the committee or person:

I. Communicates with the candidate, the  candidate's  campaign,  or an agent of the candidate
acting on behalf of the candidate, including any pollster, media consultant, advertising agency,
vendor, advisor, or staff member, concerning the preparation of, use of, or payment for, the
specific expenditure  or advertising  campaign  at issue; or

2. Makes a payment in cooperation, consultation, or concert with, at the request or suggestion of,
or pursuant to any general or particular under­ standing with the candidate, the candidate's
camprugn, a political committee
57
CODING: Words striekeR are deletions; words underlined are additions.

Document 22-6    Filed 07/27/12   Page 30 of 45 PagelD 255

 

 

 

Ch. 2011-40                         LAWS  OF FLORIDA                         Ch. 2011-40

supporting the candidate, or an agent of the candidate relating to the specific
expenditure or advertising campaign at issue; or

3. Makes a payment for the dissemination, distribution, or republication, in whole or in part, of
any broadcast or any written, graphic, or other form of camprugn material prepared by the
candidate, the candidate's campaign, or an agent of the candidate, including any pollster, media
consultant, advertising agency, vendor, advisor, or staff member; or

4. Makes a payment based on information about the candidate's plans, projects, or needs
communicated to a member of the committee or person by the candidate or an agent of the candidate,
provided the committee or person uses the information in any way, in whole or in part, either
directly or indirectly, to design, prepare, or pay for the specific expenditure or advertising 
campaign  at issue; or

5. After the last day of the qualifying period prescribed for the candidate far state"' iile ar
legislati, e affiee, consults about the candidate's plans, projects, or needs in connection with
the candidate's pursuit of election to office and the information is used in any way to plan,
create, design, or prepare an independent expenditure or advertising campaign, with:
a. Any officer, director, employee, or agent of a national, state, or county executive committee of
a political party that has made or intends to make expenditures in connection with or contributions
 to the candidate; or

b. Any person whose professional services have been retained by a national, state, or county
executive committee of a political party that has made or intends to make expenditures in
connection with or contributions to the candidate; or

6. After the last day of the qualifying period prescribed for the candidate far statewide er
legislative affiee, retains the professional services of any person also providing those services
to the candidate in connection with the candidate's pursuit of election to office; or

7.   Arranges, coordinates, or directs the expenditure, in any way, with the
candidate or an agent of the candidate.

(15) "Unopposed candidate" means a candidate for nomination or e]ection to an office who, after the
last day on which any person, including a write-in candidate, may qualify, is without opposition in
the election at which the office is to be filled or who is without such opposition after such date
as a result of any primary election or of withdrawal by other candidates seeking the same office. A
candidate is not an unopposed candidate if there is a vacancy to be filled under s. 100.111(3) s.
l(J!J.111(4), if there is a legal proceeding pending regarding the right to a ballot position for
the office sought by the candidate, or if the candidate is seeking retention as ajustice or judge.
58
CODING: Words striekeH are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP     Document 22-6

 

 

 

Ch. 2011-40                      LAWS  OF FLORIDA                        Ch. 2011-40

(16) "Candidate" means any person to whom any one or more of the following apply:

(c) Any person who receives contributions or makes expenditures, or consents for any other person
to receive contributions or make expenditures, with a view to bring about his or her nomination or
election to, or retention in, public office. However, this definition does not include any
candidate for a political    party   executive   committee.    EJ1Pendjtures    related    to  
potential candidate polls as pravided in s 106 17 are not contributions or ex;penditures for
purposes  of this subsection.

Section 53. Subsection (3) of section 106.021, Florida Statutes, is amended to read:

106.021 Campaign treasurers; deputies; primary and secondary deposi­ tories.-

(3) No contribution or expenditure, including contributions or expendi­ tures of a candidate or of
the candidate's family, shall be directly or indirectly made or received in furtherance of the
candidacy of any person for nomination or election to political office in the state or on behalf of
any political committee except through the duly appointed campaign treasurer of the candidate or
political committee, subject .to the following exceptions:

(a)    Independent expenditures;

(b) Reimbursements to a candidate or any other individual for expenses incurred in connection with
the campaign or activities of the political committee by a check drawn upon the campaign account
and reported pursuant to s. 106.07(4). AfteF Jaly 1, 2004, The full name and add.Fess of each
person to whom the candidate or other individual made payment for which reimbursement was made by
check drawn upon the campaign account shall be reported pursuant to s. 106.07(4), together with the
purpose of such payment;

(c) Expenditures made indirectly through a treasurer for goods or services, such as communications
media placement or procurement services, campaign signs, insurance, or other expenditures that
include multiple integral components as part of the expenditure and reported pursuant to s.
106.07(4)(a)l3.; or

(d) Expenditures made directly by any political committee or political party regulated by chapter
103 for obtaining time, space, or services in or by any communications medium for the purpose of
jointly endorsing three or more candidates, and any such expenditure shall not be considered a
contribution or expenditure to or on behalf of any such candidates for the purposes of this
chapter.
Section 54.  Section 106.022, Florida Statutes, is amended to read: 106.022   Appointment of a
registered agent; duties.-
59
CODING: Words &tftelren are deletions; words underlined are additions.

Filed 07/27/12   Page 31 of 45 PagelD 256

 

 

 

Ch. 2011-40                      LAWS  OF FLORIDA                        Ch. 2011-40

(1) Each political committee, committee of continuous existence, or electioneering communications
organization shall have and continuously maintain in this state a registered office and a
registered agent and must file with the filing officer ffivisi6ft a statement of appointment for
the registered office and registered  agent. The statement of appointment must:

(a) Provide the name of the registered agent and the street address and phone number for the
registered office;

(b)   Identify the entity for whom the registered agent serves;

(c)   Designate the address the registered  agent wishes to use to receive
mail;

(d) Include the entity's undertaking to inform the filing officer ffivisi6ft of any change in such
designated address;

(e) Provide for the registered agent's acceptance of the appointment, which must confirm that the
registered agent is familiar with and accepts the obligations of the position as set forth in this
section; and

(f) Contain the signature of the registered agent and the entity engaging the registered  agent.

(2) An entity may change its appointment of registered agent and registered office under this
section by executing a written statement of change and filinv- it with the filing officer The
·statement must satisfy th-at ideRtifies the 16rmeF Fegistered ageRt and FegisteFed address 1md
also satisfies all of the requirements of subsection (1).

(3) A registered agent may resign his or her appointment  as registered agent by executing a
written statement of resignation and filing it with the filing officer ffivisWft. An entity without
a registered agent may not make expenditures or accept contributions until it files a written
statement of change as required in subsection (2).

Section 55. Subsection (1) of section 106.023, Florida Statutes, is amended to read:

106.023   Statement of candidate.-

(1) Each candidate must file a statement with the qualifying officer within 10 days after filing
the appointment of campaign treasurer and designation of campaign depository, stating that the
candidate has read and understands the requirements of this chapter. Such statement shall be
provided by the filing officer and shall be in substantially the following form:
60
CODING: Words stfleken are deletions; words underlined are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                        LAWS  OF FLORIDA                      Ch. 2011-40

STATEMENT OF CANDIDATE

I, ......,candidate for the office of ......, have been provided access to received, read, and
understand  the requirements  of Chapter 106, Florida  Statutes.

...(Signature of candidate)...                                                         ...(Date)...

Willful failure to file this form is a violation of ss. 106.19(l)(c) and 106.25(3), F.S.
Section 56.   Paragraph  (c) of subsection (1) of section 106.025, Florida Statutes, is amended to
read:
106.025   Campaign fund raisers.-

(1)

(c)   Any tickets or advertising for such a campaign fund raiser
from the requirements of s. 106.143shalJ eentain the fellowing  statement:
e fnuehase efa tieket faF, er a eeHtribatian ta, the eampaigH: fu.fl:d FaiseF is
a eentrilmtien ta the eaml'aign ef ...(name ef the caniliilate fer whose benefit the eam"aign fond
raiser is held)....• s..eh tickets er ailveFtising shall alas
esml'l) "ith ether l'r• .isiens sf this ehal'ter relating ta l'Blitieal ail, eFtising.

Section 57.   Subsection (1) and paragraph (d) of subsection (3) of section 106.03, Florida
Statutes, are amended to read:
106.03   Registration of political committees and electioneering commu­
nications organizations.-
(l)(a) Each political committee that receives antiei13ates reeeiuing con­ tributions or makes
making expenditures during a calendar year in an aggregate amount exceeding $500 or that seeks
is-seehlng the signatures of registered electors in support of an initiative shall file a statement
of organization as provided in subsection (3) within 10 days after its organiza­
tion er, iflater, ..ithin rn dft)S after the date en whieh it has infeFmatien that
eaases the eemmittee te aHtieif)ate that it ·nill reeei11e eentribatians er make e>'!leni!itllres
in e"eess ef $800. If a political committee is organized within 10 days of any election, it shall
immediately file the statement of organization required  by this  section.
(b)l.    Each  rn eleetieneering  esmmllnieatisns  ergani•atien  that  re eei. es eentrifrntiens er
maims enpenditmes daring a ealendar yeaF in an aggregate amsllnt eirneeiling $0,000 shall file a
statement of organization as an electioneering communications organization l'ffl • ii!ed in
BtlB!lamg'f'al'h 2.
B) exl'edited deli.ery ., ithin 24 hetlrs after its erganizatien er, iflater, within
24 hours after the date on which it reeei, es eentrilJ..tiens er makes expenditures for an
electioneering communication in excess of $5,000,_jf such  expenditures   are  made   within   the 
 timeframes   specified   in   s.
61
CODING: Words saiekeft are deletions; words underlined are additions.

Document 22-6   Filed 07/27/12   Page 32 of 45 PagelD 257

 

 

 

Ch.  201140                         LAWS OF FLORIDA                       Ch.  201140

1 06.01 1(18)(a)2.  If the  group  makes   exnenditures   for  an   electioneering communication 
in  excess  of  $5 000  before  the  timeframes specified in s. 106.011(18)(al2. it shall file the
statement of organization within 24 hours after the 30th dav before a primary or special primary
election or within 24 hours after the 60th day before any other election  whichever is applicable .

2.a. In a statewide, legislative, or multicounty election, an electioneering communications
organization shall file a statement of organization with the Division of Elections.

b. Ina countywide election or any election held on less than a countywide basis, except as
described in sub-subparagraph c., an electioneering com­ munications organization shall file a
statement of organization with the supervisor of elections of the county in which the election is
being held.

c. In a municipal election, an electioneering communications organiza­ tion shall file a statement
of organization with the officer before whom municipal  candidates  qualify.

d. Any electioneering communications organization that would be required to file a statement of
organization in two or more locations by reaseB ef the eFgani•atien's intention ts """""Ft er
81'1'8Be eanilidates at state er urnltieellnty anil leeal le\•els of go\'emment need only file a
statement of organization with the Division of Elections.

(3)

(d) Any political committee which would be required under this subsec­ tion to file a statement of
organization in two or more locations 8) Peasen ef the eommittee's intention ta ""1'1'8Ft er
81'1'8Be eaniliilates or iss..es at state eP mL:Joltieeun  and leeal le  els efge   em-meat need
file only with the Division of Elections.

Section 58. Subsection  (4) of section 106.04, Florida Statutes, is amended, present subsections
(7) and (8) of that section are amended and renumbered as subsections (8) and (9), respectively,
and a new subsection (7) is added to that section, to read:

106.04    Committees of continuous existence.-

(4)(a) Each committee of continuous existence shall file an annual report with the Division of
Elections during the month of January. Such annual reports shall contain the same information and
shall be accompanied by the same materials as original applications filed pursuant to subsection
(2). However, the charter or bylaws need not be filed if the annual report is accompanied by a
sworn statement by the chair that no changes have been made to such charter or bylaws since the
last filing.

(b)l. Each committee of continuous existence shall file regular reports with the Division of
Elections at the same times and subject to the same filing conditions as are established by s.
106.07(1) and (2) for candidates' reports. In
62
CODING: Words strieken are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

addition when a special election is called to fill a vacancy in office a committee of continuous
existence that makes a contribution or expenditure to influence the results  of  such  special 
election  or  the  precedinir   special primarv election must file campaiirn finance reoorts with
the filing officer on the dates set by the Department  of State pursuant  to s. 100.111.
2. Any committee of continuous existence failing to so file a report with the Division of Elections
or applicable filinir officer pursuant to  this paragraph on the designated due date shall be
subject to a fine for late filing as provided by this section.

(c) All committees of continuous existence shall file their reports with the Division of Elections.
Reports shall be filed in accordance with s. 106.0705 and shall contain the following infonnation:
1. The full name, address, and occupation of each person who has made one or more contributions,
including contributions that represent the payment of membership dues, to the committee during the
reporting period, together with the amounts and dates of such contributions. For corporations, the
report must provide as clear a description as practicable of the principal type of business
conducted by the corporation. However, ifthe contribution is
$100 or less, the occupation of the contributor or principal type of business need not be listed.
However, for any contributions that represent the payment of dues by members in a fixed amount
aggregating no more than
$250 per calendar year, pursuant to the schedule on file with the Division of Elections, only the
aggregate amount of such contributions need be listed, together with the number of members paying
such dues and the amount of the membership dues.
2. The name and address of each political committee or committee of continuous existence from which
the reporting committee received, or  the name and address of each political committee, committee
of continuous existence, or political party to which it made, any transfer of funds, together with
the amounts and dates of all transfers.
3. Any other receipt of funds not listed pursuant to subparagraph 1. or subparagraph 2., including
the sources and amounts of all such funds.
4. The name and address of, and office sought by, each candidate to whom the committee has made a
contribution during the reporting period, together with the amount and date of each contribution.
5. The full name and address of each person to whom expenditures have been made by or on behalf of
the committee within the reporting period; the amount, date, and purpose of each such expenditure;
and the name and address, and office sought by, each candidate on whose behalf such expenditure was
made.
6. The full name and addreas of each person to whom an expenditure for personal services, salary,
or reimbursement for authorized expenses has
63
CODING: Words siPielren are deletions; words                     are additions.

Filed 07/27/12    Page 33 of 45 PagelD 258

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

been made, including the full name and address of each entity to whom the person made payment for
which reimbursement was made by check drawn upon the committee account, together with the amount
and purpose of such payment.

7.   Transaction  infonnation  from  each credit card                etatemeRt that "ill be
iHeluded iH the Delft report fella 11iHg receipt thereof b) the eammittee. Receipts for each credit
card purchase shall be retained by the treasurer with the records for the committee  account.
8. The total sum of expenditures made by the committee during the reporting period.
(d) The treasuer of each committee shall certify as to the correctness of each report and shall
bear the responsibility for its accuracy and veracity. Any treasurer who willfully certifies to the
correctness of a report while knowing that such report is incorrect, false, or incomplete commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(7) Any change in infonnation previously submitted to the division shall be reported within 10 davs
following the change
{8}('f)  If a committee of continuous existence ceases to meet the criteria
prescribed by subsection (1), the Division of Elections shall revoke its certification UHtil sHeh
time as the criteria are again met. The Division of Elections shall .!!d!mt p•amulgate rules to
prescribe the manner in which th!!
5Heft  certification  of  a committee  of  continuous  existence  shall be  revoked.
Such rules shall, at a minimum, provide for:
(a) Notice, which must shall contain the facts and conduct that warrant the intended action.
(b)   Adequate opportunity to respond.
(c)  Appeal of the decision to the Florida Elections Commission. Such appeals      shalJ.-be exempt
from the confidentiality provisions of s. 106.25.
ffilt8l(a) Any committee of continuous existence failing to file a report on the designated due
date illshall-be subject to a fine. The fine shall be $50 per day for the first 3 days late and,
thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or
expenditures, whichever is greater, for the period covered by the late report. However for the
reports immediately   nreceding   each   primary   and   general   election     including   a
special  primary  election  and  a  special  general  election   the  fine  shall  be
$500 per day for each late da,y, not to exceed 25 percent of the total receipts or exoenditures.
whichever is greater for the period covered by the late report, The fine shall be assessed by the
filing officer, and the moneys collected shall be deposited ifil2;
64
CODING: Words striekeH. are deletions; words underlined are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                        Ch. 2011-40

L   -ID The General Revenue Fund, in the case of fines collected by the
Division  of Elections.

2. The general revenue fund of the political  subdivision in the case of fines collected by a
county or municipal filing officer. No separate fine shall be assessed for failure to file a copy
of any report required by this section.
(b) Upon determining that a report is late, the filing officer shall immediately notify the
treasurer of the committee or the committee's registered agent as to the failure to file a report
by the designated due date and that a fine is being assessed for each late day. Upon receipt of the
report, the filing officer shall determine the amount of fine which is due and shall notify the
treasurer of the committee. Notice is deemed complete upon proof of deliverv of written notice to
the mailing or street address on record with the filing officer. The filing officer shall determine
the amount of the fine due based upon the earliest of the following:
1.  When the report is actually received by such officer.
2.   When the report is postmarked.
3.   When the certificate of mailing is dated.
4.  When the receipt from an established courier company is dated.
Such fine shall be paid to the filing officer within 20 days after receipt of the notice of payment
due, unless appeal is made to the Florida Elections Commission pursuant to paragraph (c). An
officer or member of a committee il! shall not he personally liable for such fine.
(c) Any treasurer of a committee may appeal or dispute the fine, based upon unusual circumstances
surrounding the failure to file on the designated due date, and may request and ill shall-be
entitled to a hearing before the Florida Elections Commission, which !lli!Y shall ha, e the
alitharit:; ta waive the fine in whole or in part. Any such request must shall be made within 20
days after receipt of the notice of payment due. Ia Slieh ease, the tl'easlirer 0f The committee
shall file the appeal with , within the 2f) di>) periad, aatifj the liliag affieer ia writiag 0f
his 0r her iateatiaa ta briag the matter befere the commission with a copy provided to the filing
officer.

(d) The filing officer shall notify the Florida Elections Commission of the repeated late filing by
a committee of continuous existence, the failure of a committee of continuous existence to file a
report after notice, or the failure to pay the fine imposed.
Section 59.    Section 106.07, Florida Statutes, is amended to read:
106.07   Reports; certification and filing.-
(1) Each campaign treasurer designated by a candidate or political committee  pursuant   to  s. 
106.021  shall  file  regular   reports   of  all
65
CODING: Words striekeR are deletions; words underlined are additions.

Document 22-6    Filed 07/27/12   Page 34 of 45 PagelD 259

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                        Ch. 2011-40

contributions received, and all expenditures made, by or on behalf of such candidate  or political 
committee.  Except  for  the  third  calendar   quarter immediately preceding a general election
reports shall be filed on the 10th day following the end of each calendar quarter from the time the
campaign treasurer is appointed, except that, if the 10th day following the  end of a calendar
quarter occurs on a Saturday, Sunday, or legal holiday, the report shall be filed on the next
following day which is not a Saturday, Sunday, or legal holiday. Quarterly reports shall include
all contributions  received and expenditures made during the calendar quarter which have  not
otherwise been reported pursuant to this section.
(a)   Except  as  provided  in  paragraph  (b),  fel10.dag  the  last  di>)   af
<11llliifying-faHJlliee, the reports shall also be filed on the 32nd, 18th, and 4th days
immediately preceding the primary and on the 46th, 32nd, 18th, and 4th days immediately preceding
the election, for a candidate who is opposed in seeking nomination or election to any office, for a
political committee, or for a committee  of continuous  existence.

(b) Fallawiag the last da) af Ejlialifyiagfer affiee, Any statewide candidate who has requested to
receive contributions pursuant to from the fllu:ida Election Campaign Financing Act Trest Fand or
any statewide candidate in a race with a candidate who has requested to receive contributions
pursuant 12 from the m:l; tl'1ist-fu...! shall l!!fil! file reports on the 4th, 11th, 18th, 25th,
and 32nd days prior to the primary election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th,
and 53rd days prior to the general election.

(c) Following the last day of qualifying for office, any unopposed candidate need only file a
report within 90 days after the date such candidate became unopposed. Such report shall contain all
previously unreported contributions and expenditures as required by this section and shall reflect
disposition of funds as required by s. 106.141.
(d)l. When a special election is called to fill a vacancy in office, all political committees aad
eammittees af eastisualis "'dstesee making con­ tributions or expenditures to influence the results
of such special election m: the preceding special primary election shall file campaign treasurers'
reports with the filing officer on the dates set by the Department of State pursuant to s. 100.111.

2. When an election is called for an issue to appear on the ballot at a time when no candidates are
scheduled to appear on the ballot, all political committees making contributions or expenditures in
support of or in opposition to such issue shall file reports on the 18th and 4th days prior to such
election.

(e) The filing officer shall provide each candidate with a schedule designating the beginning and
end of reporting periods as well as the corresponding  designated  due dates.
66
CODING: Words striekeR are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

(2)(a)l. All reports required of a candidate by this section shall be filed with the officer before
whom the candidate is required by law to qualify. All candidates who file with the Department of
State shall file their reports pursuant to s. 106.0705. Except as provided in s. 106.0705, reports
shall be filed not later than 5 p.m. of the day designated; however, any report postmarked by the
United States Postal Service no later than midnight of the day designated shall be deemed to have
been filed in a timely manner. Any report received by the filing officer within 5 days aft.er the
designated due date that was delivered by the United States Postal Service shall be deemed timely
filed unless it has a postmark that indicates that the report was mailed after the designated due
date. A certificate of mailing obtained from and dated by the United States Postal Service at the
time of mailing, or a receipt from an established courier company, which bears a date on or before
the date on which the report is due, shall be proof of mailing in a timely manner. Reports shall
contain information of all previously unreported contributions received and expenditures m'ade as
of the preceding Friday, except that the report filed on the Friday immediately preceding tbe
election shall contain information of all previously unreported contributions received and
expenditures made as of the day preceding that designated due date. All such reports shall be open
to public inspection.

2. This subsection does not prohibit the governing body of a political subdivision, by ordinance or
resolution, from imposing upon it.s own officers and candidates electronic filing requirements not
in conflict with s. 106.0705. Expenditure of public funds for such purpose is deemed to be for a
valid public purpose.
(b)l.  Any report thfilwlHeh is deemed to be incomplete by the officer with whom the candidate
qualifies shall be accepted on a conditional basis.,.-ftft<I The campaign treasurer shall be
notified by             registered mail l!L.l!)' another  method   usini  a  common   carrier  that
 provides   a  proof   of  deliyezy  of as to why the report is incomplete and
:willillL1he-give....a days
aft.er ffem receipt of such notice !ill!fil t& file an addendum to the report providing all
information necessary to complete the report in compliance with this section. Failure to file a
complete report after such notice constitutes a violation of this chapter.
2. Notice is deemed  complete upon  proof of deliyerv of a written notice to the mailing or street
address of the campai treasurer or registered agent of record with the filing officer Ia lie" ef
the 1tetiee by registered mail as FeljWred ift Stib!'aFagfa!'h l., the ljHaHfyiftg eflieer maj
ftetif:i the eam!'aig>i treae tH'er hy telel'he1te that the rel'eFt is i1teeml'lete a1td re11Hest
the iftfermatien neeessaey te Ceffi!llete the Fe!leff. If, he h'e' er, SHeft iftfermatien is net
reeei • ed h the 1jHalifyi1tg eflieer ,,;thin 3 da s after the tele!'ftene reljliest therefer,
netiee shall he se1tt registered mail ae l're.ided in SliB!laragral'h l.
(3) Reports required of a political committee shall be filed with the agency or officer before whom
such committee registers pursuant to s. 106.03(3) and shall be subject to the same filing
conditions as established for
67
CODING: Words striekeft are deletions; words underlined are additions.

Filed 07/27/12   Page 35 of 45 PagelD 260

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                       Ch. 2011-40

candidates' reports. Incomplete reports by political committees shall be treated in the manner
provided for incomplete report.a by candidates in subsection (2).
(4)(a)  Each report required by this section !ill!fil shall contain:
1. The full name, address, and occupation, if any of each person who has made one or more
contributions to or for such committee or candidate within the reporting period, together with the
amount and date of such contribu­ tions. For corporations, the report must provide as clear a
description as practicable of the principal type of business conducted by the corporation. However,
if the contribution is $100 or less or is from a relative, as defined in
s. 112.312, provided that the relationship is reported, the occupation of the contributor or the
principal type of business need not be listed.
2. The name and address of each political committee from which the reporting committee or the
candidate received, or to which the reporting committee or candidate made, any transfer of funds,
together with the amounts and dates of all transfers.
3. Each loan for campaign purposes  to or from any person or political committee within the
reporting period, together with the full names, addresses, and occupations, and principal places of
business, if any, of the lender and endorsers, if any, and the date and amount of such loans.
4.    A statement of each contribution, rebate, refund, or other receipt not
otherwise listed under subparagraphs 1. through 3.
5. The total sums ofall loans, in-kind contributions, and other receipts by or for such committee
or candidate during the reporting period. The reporting forms shall be designed to elicit separate
totals for in-kind contributions, loans, and other receipts.
6. The full name and address of each person to whom expenditures have been made by or on behalfof
the committee or candidate within the reporting period; the amount, date, and purpose of each such
expenditure; and  the name and address of, and office sought by, each candidate on whose behalf
such expenditure was made. However, expenditures made from the petty cash fund provided by s.
106.12 need not be reported individually.
7. The full name and address of each person to whom an expenditure for personal services, salary,
or reimbursement for authorized expenses as provided in s. 106.021(3) has been made and which is
not otherwise reported, including the amount, date, and purpose of such expenditure. However,
expenditures made from the petty cash fund provided for in s. 106.12 need not be reported
individually.  Receipt.a  for  reimbursement  for   authorized expenditures shall be retained by
the treasurer along with the records for the campaign account.
8. The total amount withdrawn and the total amount spent for petty cash purposes pursuant to this
chapter during the reporting period.
68
CODING: Words stFiekeft are deletions; words underlined are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

 Ch. 2011-40                         LAWS OF FLORIDA                         Ch. 2011-40

9. The total sum of expenditures made by such committee or candidate during the reporting period.
10. The amount and nature of debts and obligations owed by or to the committee or candidate, which
relate to the conduct of any political campaign.
11. Transaction information for each credit card purchase. II. espy af eaeh CFedit eard statement
..hieh shall be inehided in the nei<t repart fella ..ing reeeipt thereaf by the e1mdidate er
palitieal eammittee. Receipts for each credit card purchase shall be retained by the treasurer with
the records for the campaign account.
12. The amount and nature of any separate interest-bearing accounts or certificates of deposit and
identification of the financial institution in which such accounts or certificates of deposit are
located.

13. The primary purposes of an expenditure made indirectly through a campaign treasurer pursuant to
s. 106.021(3) for goods and services such as communications media placement or procurement
setvices, campaign signs, insurance, and other expenditures that include multiple components as
part of the expenditure. The  primary purpose of  an expenditure shall be that purpose, including
integral and directly related components, that comprises 80 percent of such expenditure.
(b) The filing officer shall make available to any candidate or committee a reporting form which
the candidate or committee may use to indicate contributions received by the candidate or committee
but returned to the contributor before deposit.
(5) The candidate and his or her campaign treasurer, in the case of a candidate, or the political
committee chair and campaign treasurer of the committee, in the case of a political committee,
shall certify as to the correctness of  each report; and each person so certifying shall bear the
responsibility for the accuracy and veracity of each report. Any campaign treasurer, candidate, or
political committee chair who willfully certifies the correctness of any report while knowing that
such report is incorrect, false, or incomplete commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(6)  The eampaign depository shall ret\irn all eheel<s Elra •IH ""the aeealint ta the eampaign
treas •er ,.he shall retain the reeerds pliFSliant ta s. HlEHlS. The records maintained by the
campaign depository with respect to filU'. campaign account regulated by this chapter are Slieh
aeearmt shall he subject to inspection by an agent of the Division of Elections or the Florida
Elections Commission at any time during normal banking hours, and such depository shall furnish
certified copies of any of such records to the Division of Elections or Florida Elections
Commission upon request.
69
CODING: Words s-tfieken are deletions; words underlined are additions.

Document 22-6   Filed 07/27/12   Page 36 of 45 PagelD 261

 

 

 

Ch. 2011-40                         LAWS  OF FLORIDA                         Ch.  2011-40

(7) Notwithstanding any other provisions of this chapter, in any report­ ing period during whlch a
candidate, political committee, or committee of continuous existence has not received funds, made
any contributions,  or expended any reportable funds, the filing of the required report for that
period is waived. However, the next report filed must specify that the report covers the entire
period between the last submitted report and the report being filed, and any candidate, political
committee, or committee of continuoua existence not reporting by virtue of thls subsection on dates
prescribed elsewhere in this chapter shall notify the filing officer in writing on the prescribed
reporting date that no report is being filed on that date.
(8)(a) Any candidate or political committee failing to file a report on the designated due date .i§
shall-be subject to a fine as provided in paragraph (b) for each late day, and, in the case of a
candidate, such fine shall be paid only from personal funds of the candidate. The fine shall be
assessed by the filing officer and the moneys collected shall be deposited:
1. Inthe General Revenue Fund, in the case of a candidate for state office or a political committee
that registers with the Division of Elections; or
2. Inthe general revenue fund of the political subdivision, in the case of a candidate for an
office of a political subdivision or a political committee that registers with an officer of a
political subdivision.

No separate fine shall be assessed  for failure to file a copy of any report required  by this
section.
(b) Upon determining that a report is late, the filing officer shall immediately notify the
candidate or chair of the political committee as to the failure to file a report by the designated
due date and that a fme is being assessed for each late day. The fine shall be $50 per day for the
first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25 percent of the
total receipts or expenditures, whichever is greater, for the period covered by the late report.
However, for the reports immediately preceding each special primacy election special election
primary  and general election, the fine shall be $500 per day for each late day, not to exceed 25
percent of the total receipts or expenditures, whichever is greater, for the period covered by the
late report. For reports required under s. 106.141(7), the fine is $50 per day for each late day,
not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the
period covered by the late report. Upon receipt of the report, the filing officer shall determine
the amount of the fine which is due and shall notify the candidate or chair m: recistered agent of
the political committee. The filing officer shall determine the amount of the fine due based upon
the earliest of the following:
1.  When the report is actually received by such officer.
2.   When the report is postmarked.
3.  When the certificate of mailing is dated.
70
CODING: Words stReken are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

4.   When the receipt from an established courier company is dated.
5. When the electronic receipt issued pursuant to s. 106.0705 or other electronic filing system
authorized in this section is dated.
Such fine shall be paid to the filing officer within 20 days after receipt of the notice of payment
due, unless appeal is made to the Florida Elections Commission pursuant to paragraph (c). Notice is
deemed complete upon oroof of delivery of written notice to the mailing or street address on record
with the filing officer In the case of a candidate, such fine shall not be an allowable campaign
expenditure and shall be paid only from personal funds of the candidate. An officer or member of a
political committee shall not be personally liable for such fine.
(c) Any candidate or chair of a political committee may appeal or dispute the fine, based upon, but
not limited to, unusual circumstances surrounding the failure to file on the designated due date,
and may request and shall be entitled to a hearing before the Florida Elections Commission, which
shall have the authority to waive the fine in whole or in part. The Florida Elections Commission
must consider the mitigating and aggravating circumstances contained in s. 106.265(1) when
determining the amount ofa fine, ifany, to be waived. Any such request shall be made within 20 days
after receipt of the notice of payment due. In such case, the candidate or chair of the political
committee shall, within the 20-day period, notify the filing officer in writing of his or her
intention to bring the matter before the commission.
(d) The appropriate filing officer shall notify the Florida Elections Commission of the repeated
late filing by a candidate or political committee, the failure of a candidate or political
committee to file a report after notice, or the failure to pay the fine imposed. The commission
shall investigate only those alleged late filing violations specifically identified by the filing
officer and as set forth in the notification. Any other alleged violations must be separately
stated and reported by the division to the commission under s. 106.25(2).

(9) The Department of State may prescribe by rule the requirements for filing campaign treasurers'
reports as set forth in this chapter.
Section 60. Subsections (8) and (9) of section 106.0703, Florida Statutes, are amended to read:
106.0703 Electioneering communications organizations; reporting re­ quirements; certification and
filing; penalties.-
(8) AB electioneering eamm!Hlieatians e..gllftiatian shall, within 2 day<! after reeei • ing its
iBitial jlaSS•• ard er seeure sig» ea from the llejlarimeat ef State allawiag eenlideatial aeeess
ta the dejlarimeBt's eleekeaie ellffijlaiga Hftllftee liliHg stem, electrenieally lile the
jlel'iadic rejlafts that "ewd have been Fe<j>lifea JllH'SBllftt ta this seetiaa fer Pejleriehle
activities that eceBFfed since the date af the last geaeml electiea.
71
CODING: Words stPielreft are deletions; words                    are additions.

Filed 07/27/12   Page 37 of 45 PagelD 262

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                       Ch. 2011-40

{fil{9}    Electioneering communications organizations shall not use credit
cards.
Section 61. Paragraphs (a) and (c) of subsection (2) and subsections (3) and (7) of section
106.0705, Florida Statutes, are amended to read:
106.0705   Electronic filing of campaign treasurer's reports.-
(2)(a)  Each individual eaB<lidate who is required to file reports with the
.diYilillm pursuant to s. 106.07 or s  106 141 .nth the diiisiea must file such reports with the
di, isian by means of the division's electronic filing system.
(c) Each person or organization that is required to file reports with the division under s.
106.071must file such reports "ith the di. isien by means of the division's electronic filing
system.
(3) Reports filed pursuant to this section shall be completed and filed through the electronic
filing system not later than midnight of the day designated. Reports not filed by midnight of the
day designated are late filed and are subject to the penalties under s 1 06 04(9) s. Hl6.Q4{8), s.
106.07(8), s. 106.0703(7), or s. 106.29(3), as applicable.
(7)   Mat ,fithstllftding aaything in law ta the cafttrary, any rejlari re!jllired ta ha, c been
liled !Hlder this seetiaft fer the jleriad eftded lllllfch 31, 2QQli, shall he deemed ta ha, e
heeft  time!:; liled if the rejlari is liled Bnder this seeties ea BF Befe:f'e JHfte  1, 2QQ0.

Section 62. Subsections (3) and (6) of section 106.08, Florida Statutes, are amended to read:
106.08 Contributions; limitations on.-
(3)(a) Any contribution received by a candidate with opposition in an election or by the campaign
treasurer or a deputy campaign treasurer of such a candidate on the day of that election or less
than 5 days prior to the day of that election must be returned by him or her to the person or
committee contributing it and may not be used or expended by or on behalf of the candidate.
(b) Except as otherwise provided in paragraph (c), any contribution received by a candidate or by
the campaign treasurer or a deputy campaign treasurer of a candidate after the date at which the
candidate withdraws his or her candidacy, or after the date the candidate is defeated, becomes
unopposed, or is elected to office must be returned to the person or committee contributing it and
may not be used or expended by or on behalf of the candidate.
{e) 'Ncith resjlect ta llBY camjlaiga fer an aftice in whieh BB indeJlendeBt er miner Jlllfty
eBBiliilate has !ilea as FC<jllired in s. 99.Q900 er s. 99.{)96, hilt whose qm11ilicatian is
Jlending a determination by the llejlBl'tment efState er
72
CODING: Words strielreft are deletions; words underlined are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                      Ch. 2011-40

S!iflen•is9l' of e!eetions as to ¥'1letheF OF not the Felj!iired H!imheF of fletitian sigHat!iFeB
'Nas obtaiaeil:
1. The ilepaFtmeat OF S!ipeFViSBF shall, "" late• thaa a ilajs alteF that ilete.miaatiaa has been
maile, notify in mitiag all other eaniliilates fer that offiee af that determiaatioa.
2.  Any eantrib!itian Feeei'.•ed by a eaailidate BF the eampaigH tFeaS!iFeF OF deputy  eampaigH 
tFeasUFeF  of a eaniliilate  alter the  eandiilate has been notified in "Fiting by the ilepaFtment
BF supeFVisaF that he or she has beeome uaappaseil as a result af an inilepenilent OF minaF paFty
eanilidate failing to obtain the Fe11uiFed numhe• of petition sigHatUFes shall be Fet ..med to the
J..itieal eemmittee, er eammittee ef eeHtin11eus existenee eentribtit­
ing it and shall net be used BF elqlended b) BF on behalf ef the eandidate.
(6)(a)   A political  party may not accept any contribution  that has been specifically  designated
 for  the  partial  or  exclusive  use  of  a  particular candidate.   Any   contribution   so 
designated   must   be   returned   to   the contributor and may not be used or expended by or on
behalfof the candidate.
(b)l. A political party may not accept any in-kind contribution that fails to provide a clirect
benefit to the political party. A "direct benefit" includes, but is not limited to, fundraising or
furthering the objectives of the political party.
2.a. An in-kind contribution to a state political party may be accepted only by the chairperson of
the state political party or by the chairperson's designee or designees whose names are on file
with the division in a form acceptable to the clivision prior to the date of the written notice
required in sub-subparagraph b. An in-kind contribution to a county political  party may be
accepted only by the chairperson of the county political party or by the county chairperson's
designee or designees whose names are on file with the supervisor of elections of the respective
county prior to the date of the written notice required in sub-subparagraph b.
b. A person making an in-kind contribution to a state political party or county political party
must provide prior written notice of the contribution to a person described in sub-subparagraph a.
The prior written notice must be signed and dated and may be provided by an electronic or facsimile
message. However, prior written notice is not required for an in-kind contribution that consists of
food and beverage in an aggregate amount not exceeding $1,500 which is consumed at a single sitting
or event if such in-kind contribution is accepted in advance by a person specified in
sub-subparagraph a.
c. A person described in sub-subparagraph a. may accept an in-kind contribution requiring prior
written notice only in a writing that is signed and dated before the in-kind contribution is made.
Failure to obtain the required written acceptance of an in-kind contribution to a state or county
political party constitutes a refusal of the contribution.
73
CODING: Words strieknn are deletions; words underlined are additions.

Document 22-6    Filed 07/27/12   Page 38 of 45 PagelD 263

 

 

 

Ch. 2011-40                         LAWS OF FLORIDA                         Ch. 2011-40

d. A copy of each prior written acceptance required under sub-subpar­ agraph c. must be filed with
the iii.isian at the time the regular reports of contributions and expenditures required under s.
106.29 are filed by the state executive committee and county executive committee. A state 
executive committee and an affiliated narty committee must file with the division. A county 
executive  committee  must  file  with  the  county's   supervisor  of elections.
e. An in-kind contribution may not be given to a state or county political party unless the in-kind
contribution is made as provided in this subpar­ agraph.
Section 63.  Section 106.09, Florida Statutes, is amended to read:
106.09    Cash contributions  and contribution  by cashier's checks.-
(1)\J!.l   A person may not make an aggregate e• aeeejlt a cash contribution or  contribution  by 
means  of  a  cashier's  check  to  the  same  candidate   or committee in excess of $50 per
election.
(bl A person may not accept an awegate cash contribution or contribu­ tion by means of a cashier's
check from the same contributor inexcess of $50 per election.

(2)(a) Any person who makes or accepts a contribution in eireess-el'-$50 in violation of subsection
(1) this seetiaa commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
(b) Any person who knowingly and willfully makes or accepts a contribution in excess of $5,000 in
violation of subsection (1) this seetion commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Section 64. Paragraph (b) of subsection  (1) and paragraph (a) of subsection (2) of section 106.11,
Florida Statutes, are amended, and subsection (6) is added to that section, to read:
106.11 Expenses of and expenditures by candidates and political committees.- Each candidate and
each political committee which designates a primary campaign depository pursuant to s. 106.021(1)
shall make expenditures from funds on deposit in such primary campaign depository only in the
following manner, with the exception of expenclitures made from petty cash funds provided by s.
106.12:
(1)

(b) The checks for such account shall contain, as a minimum, the following information:
1. The statement "CampaigH Aeeount af ...(name of candidate or political committee) ... Campaign
Account."
74
CODING: Words striekett are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP     Document 22-6

 

 

 

Ch. 2011-40                        LAWS  OF FLORIDA                       Ch. 2011·40

2.   The account number and the name of the bank.
3.   The exact amount of the expenditure.
4.   The signature of the campaign treasurer or deputy treasurer.
5.   The exact purpose for which the expenditure is authorized.
6.   The name of the payee.
(2)(a)    For  purposes  of  this  section,  debit  cards  are  considered  bank checks, if:

1.   Debit cards are obtained from the same bank that has been designated as the candidate's or
political committee's primary campaign depository.
2.  Debit cards are issued in the name of the treasurer, deputy treasurer, or authorized user and
state "CampaigB f,ee01u1t of ...(name of candidate or political committee) ... Campaiim Account.•
3.   No more than three debit cards are requested and issued.
4.    Bef6re a debit card is used, a list of all pers011s authori•ed to use the card is filed ,,;th
the dP.·ieio11.
a. 1\JI debit cards issued to a ea11didate's eampaigH OP a political COHlHlittee e!lfli•e 110 later
thaH HlidHight of the last day ef the mo11th of the ge11eral eleeti011.
1,.6.   The person using the debit card does not receive cash as part of, or
independent of, any transaction for goods or services.
li,1-.  All receipts for debit card transactions contain:
a.  The la.st four digits of the debit card number.
b.   The exact amount of the expenditure.
c.   The name of the payee.
d.   The  signature  of  the  campaign  treasurer,  deputy  treasurer,  or authorized user.
e.  The exact purpose for which the expenditure is authorized.
Any information required by this subparagraph but not included on the debit card transaction
receipt may be handwritten on, or attached to, the receipt by the authorized user before submission
to the treasurer.
(6) A candidate who makes a loan to his or her campaien and reoorts the loan as required by s.
106.07 may be reimbursed for the loan at any time the campaiim account has sufficient funds to
repay the loan and satisfy its other obligations
75
CODING: Words sffiekeft are deletions; words                     are additions.

Filed 07/27/12   Page 39 of 45 PagelD 264

 

 

 

Ch. 2011-40                        LAWS OF FLORIDA                       Ch. 2011-40

Section 65. Subsection (4) of section 106.141, Florida Statutes, is amended to read:
106.141   Disposition of surplus funds by candidates.-
(4)(a) Except as provided in paragraph (b), any candidate required to dispose of funds pursuant to
this section shall, at the option of the candidate, dispose of such funds by any of the following
means, or any combination thereof:
1. Return pro rata to each contributor the funds that have not been spent or obligated.
2. Donate the funds that have not been spent or obligated to a charitable organization or
organizations that meet the qualifications of s. 50l(c)(3) of the Internal Revenue Code.
3. Give 110t more than $Hl,!l!l!l of the funds that have not been spent or obligated to the
political party of which such candidate is a member,-e><eejlt that " efllldidate fur the Flaridfl
Senate miry gi 'e net more thflll $2Q,QQQ af aueh fwids to the political pa of which the ea11didate
is a Hleftlber.
4.   Give the funds that have not been spent or obligated:
a. Inthe case of a candidate for state office, to the state, to be deposited in either the Election
Campaign Financing Trust Fund or the General Revenue Fund, as designated by the candidate; or
b. In the case of a candidate for an office of a political subdivision, to such political
subdivision, to be deposited in the general fund thereof.
(b) Any candidate required to dispose of funds pursuant to this section who has received 
contributions pursuant to ffem the Florida Election Campaign Financing Act Trost FH11d shall after
all monetary commitments pursuant to s 106.1H5l(bl and (cl have been met return  all  surplus
campaign funds to the General  Revenue Eleetio11 CampaigH Finfl1lei11g Trust  Fund.
Section 66.   Section 106.143, Florida Statutes, is amended to read:
106.143   Political advertisements  circulated  prior to election; require·
ments.-

(l)(a) Any political advertisement that is paid for by a candidate except a write-in candidate, and
that is published, displayed, or circulated before, or on the day of, any election must prominently
state:
1. "Political advertisement paid for and approved by ...(name of candidate)..., ...(party
affiliation)..., for ...(office sought)..."; or
2. "Paid by ...(name of candidate)..., ...(party affiliation)..., for ...(office sought)...."
76
CODING: Words strieken are deletions; words underlined are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                      Ch.  2011-40

(b) Any political advertisement that is paid for by a write-in candidate and that is published 
displayed. or circulated before. or on the day of. any election must prominently state:

1.   "Political   advertisement   paid   for   and   approved   by   ...(name   of candidate) ....
write-in candidate  for ...(office sought)..."· or
2.  "Paid  by  ...(name  of  candidate)...  write-in  candidate.  for   ...(office soughtl.. .."
(£)\bl Any other political advertisement published, displayed, or circu­ lated before, or on the
day of, any election must prominently:
1. Be marked "paid political advertisement" or with the abbreviation "pd. pol. adv."
2.   State the name and address of the persons paying for sponsoring the
advertisement.

3.a.fl} State whether the advertisement and the cost of production is paid for or provided in kind
by or at the expense of the entity publishing, displaying, broadcasting, or circulating the
political advertisement.t-<>r
(II) State who provided or  paid for the advertisement and east of prodHetion, if dift'erent from
the selifee ef spensership.
b. This Blihparagraph dees net appl) if the seHree ef the sponsership is patent!) elear frem the
eontent er format of the pelitieal advertisement.
1dl\el Any political advertisement made pursuant to s.106.021(3)(d) must Be maFke8 "paid pelitieal
ad, effisemeHt" BF ..ith the aBBFe • iatiea "f:ld. 13el. ad,." aad must prominently  state the 
name  and  address  of  the  political committee or  political party  paying  for the 
advertisement.,  "Paiel feF and spensered hy ...(name  ef person paying for pelitieal  
advertisement) ....
f.p pre , ed B)  ...(names  sf persons,  party  aftiliation, and effiees seHght in
the pelitieal ad" ertisement)...."
(2)   Political  advertisements  made  as  in-kind  contributions  from  a political  party must
prominently  state: "Paid political  advertisement  paid for by in-kind by... (name of political
party).... Approved by  ...(name of person  party affiliation  and office sought in the political
advertisement)  ,,."
fQ1f2J Any political advertisement of a candidate running for partisan office shall express the
name of the political party of which the candidate is seeking nomination or is the nominee. If the
candidate for partisan office is running as a candidate with no party affiliation, any political
advertisement of the candidate must state that the candidate has no party affiliation. A political
advertisement of a candidate running for nonpartisan office may not s,tate the
candidate's_political party aff.!)iation. This section do. e§_ng_t_prnhibit a  political  
advertisement   from   stating  the   candidate's   partisan-related
77
CODING: Words striekeB are deletions; words underlined are additions.

Document 22-6    Filed 07/27/12   Page 40 of 45 PagelD 265

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                      Ch.  2011-40

experience. A candidate for nonpartisan  office is prohibited  from campaign­ ing based on party
affiliation.
ID3)  It is unlawful for any candidate or person on behalf of a candidate to represent that any
person or organization supports such candidate, unless the person or organization so represented
has given specific approval in writing to the candidate to make such representation. However, this
subsection does not apply to:

(a) Editorial endorsement by any newspaper, radio or television station, or other recognized news
medium.
(b)   Publication  by  a party  committee  advocating  the  candidacy  of its
nominees.

{fil(4J(a)   Any  political  advertisement  not  paid  for  by  a   candidate, including those paid
for by a political party, other than an  independent expenditure, offered by-M on behalf of a
candidate must be  approved in advance by the candidate. Such political advertisement must
expressly state that the content of the advertisement was approved by the candidate unless the
political advertisement is published displayed or  circulated in com­ pliance with subparagraph
(l)(a)2.. and must state  who paid for the advertisement. The candidate shall provide a written
statement of author­ ization to the newspaper, radio station, television  station, or other medium
for each such advertisement submitted for publication, display, broadcast, or other distribution.
(b) Any person who makes an independent expenditure for a political advertisement shall provide a
written statement that no candidate  has approved the advertisement to the  newspaper, radio
station, television station, or other medium for each such advertisement submitted for publication,
display, broadcast, or other distribution. The advertisement must also contain a statement that no
candidate has approved the advertisement.
(e) This sHbseetian daes aat appl) te eam1mign messages Hsed B) a eandidate and his er her
Slippal'ters if these messages Me designed ta be "em 13) a persen.
{fil(&} No political advertisement of a candidate who is not an incumbent of the office for which
the candidate is running shall use the word "re-elect." Additionally, such advertisement must
include the word "for" between the candidate's name and the office for which the candidate is
running, in order that incumbency is not implied. This subsection does not apply to bumper stickers
or items designed to be worn by a person.
(7)    Political advertisements paid for by a political party or an affiliated
party  committee  may use names  and abbreviations  as registered  under  s.
103.081 in the disclaimer.
78
CODING: Words stfielren are deletions; words underlined are additions.


Case 8:12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

ffi}(G)    Thls section does not apply to novelty items having a retail value of
$10 or less which support, but do not oppose, a candidate or issue.
Any political advertisement which is published, displayed, or produced in a language other than
English may provide the information required by this section in the language used in the
advertisement.
@X8J This section does not apply to any campaign message or political advertisement used by a
candidate and the candidate's supporters or by a political committee if the message or
advertisement is:
(a)   Designed to be worn by a person.
(b) Placed as a paid link on an Internet website, provided the message or advertisement is no more
than 200 characters in length and the link directs the user to another Internet website that
complies with subsection (1).
(c) Placed as a graphic or picture link where compliance with the requirements of this section is
not reasonably practical due to the size of the graphic or picture link and the link directs the
user to another Internet website that complies with subsection (1).

(d) Placed at no cost on an Internet website for which there is no cost to post content for public
users.

(e)  Placed   or  distributed  on  an  unpaid  profile  or  account  which  is available to the
public without charge or on a social networking Internet website, as long as the source of the
message or advertisement is patently clear from the content or format of the message or
advertisement. A candidate or political committee may prominently display a statement indicating
that the website or account is an official website or account of the candidate or political
committee and is approved by the candidate or political committee. A website or account may not be
marked as official without prior approval by the candidate or political committee.
(f) Distributed as a text message or other message via Short Message Service, provided the message
is no more than 200 characters in length or requires the recipient to sign up or opt in to receive
it.
(g) Connected with or included in any software application or accom­ panying function, provided
that the user signs up, opts in, downloads, or otherwise accesses the application from or through a
website that complies with subsection (1).
(h) Sent by a third-party user from or through a campaign or committee's website, provided the
website complies with subsection (1).
(i) Contained in or distributed  through  any  other  technology-related item, service, or device
for which compliance with subsection (1) is not reasonably practical due to the size or nature of
such item, service, or device
79
CODING: Words 5'rielteft are deletions; words underlined are additions.

Filed 07/27/12    Page 41 of 45 PagelD 266

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

as available, or the means of displaying the message or advertisement makes compliance with
subsection (1) impracticable.
ill)(9) Any person who willfully violates any provision of this section is subject to the civil
penalties prescribed in s. 106.265.
Section 67.   Section 106.1437, Florida Statutes, is amended to read: 106.1437    Miscellaneous  
advertisements.-Any   advertisement,   other
than a political advertisement, independent expenditure, or electioneering
communication, on billboards, bumper stickers, radio, or television, or in a newspaper, a magazine,
or a periodical, intended to influence public policy or the vote of a public official, shall
clearly designate the sponsor of such advertisement by including a clearly readable statement of
sponsorship. If the advertisement is broadcast on television, the advertisement shall also contain
a verbal statement of sponsorship. This section lli!im shall not apply to an editorial endorsement.
For  purposes  of this chapter   an  expenditure
made for or in furtherance of. a miscellaneous advertisement is not considered to  be  a 
contribution  to  or  on  behalf  of  a  candidate  and   does not   constitute   an   independent 
 expenditure    Such   expenditures   are not subject to the limitations applicable to indeoondent
expenditures.
Section 68.   Section 106.17, Florida Statutes, is amended to read:
106.17 Polls and surveys relating to candidacies.-Any candidate, political committee, committee of
continuous existence electioneering communication organization, or state or county executive
committee of a political party may authorize or conduct a political poll, survey, index, or
measurement of any kind relating to candidacy for public office so long as the candidate, political
committee, committee of continuous existence, electio­ neering communication organization, or
political party maintains complete jurisdiction over the poll in all its aspects. State and county
executive committees of a political party or an affiliated party committee may authorize and
conduct oolitical polls for the purpose of determining the viability of potential candidates. Such
poll  results mav be  shared  with potential candidates and expenditures incurred by state and  
county executive committees or an affiliated party committee for potential candidate polls are not
contributions to the potential candidates.
Section 69. Subsection (4) is added to section 106.19, Florida Statutes, to read:
106.19 Violations by candidates, persons connected with campaigns, and political  committees.-
(4) Except  as otherwise  expressly stated  the failure by  a candidate  to comply with the
requirements of this chapter has no effect upon whether the candidate has qualified for the office
the candidate is seeking.
Section 70. Subsections (2) and (3), paragraph (i) of subsection (4), and subsection (5) of section
106.25, Florida Statutes, are amended to read:
80
CODING: Words stPieken are deletions; words                  are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                      Ch. 2011-40

106.25 Reports of alleged violations to Florida Elections Commission; disposition  of  findings.-
(2) The commission shall investigate all violations of this chapter and chapter 104, but only after
having received either a sworn complaint or information reported to it under this subsection by the
Division of Elections. Such sworn complaint must be based upon personal information or information
other than hearsay. Any person, other than the division, having information of any violation of
this chapter or chapter 104 shall file a sworn complaint with the commission. The commission shall
investigate only those alleged violations specifically contained within the sworn complaint. If any
complainant fails to allege all violations that arise from the facts or allegations alleged in a
complaint, the commission shall be barred from investigating a subsequent complaint from such
complainant that is based upon such facts or allegations that were raised or could have been raised
in the first complaint. If the complaint includes allegations of violations relating to expense
items reimbursed by a candidate, committee, or organization to the campaign account  before  a
sworn  complaint  is filed, the commission shall be barred from investigating such allegations.
Such sworn complaint shall state whether a complaint of the same violation has been made to any
state attorney. Within 5 days after receipt of a sworn complaint, the commission shall transmit a
copy of the complaint to the alleged violator. The resoondent shall have 14 days after receiot of
the  complaint  to  file  an  initial  response    and  the  executive  director  may  not
determine the legal sufficiency of the complaint during that time period. If the executive director
finds that  the  complaint  is  legally  sufficient, the respondent shall be notified of such
fincling by letter, which  sets forth the statutory provisions alleged to have been violated and
the  alleged  factual basis that supports the finding. All sworn complaints  alleging violations 
of the  Florida  Election  Code  over  which  the  commission  has jurisdiction shall be filed with
the commission within 2 years after the alleged violations. The period of limitations is tolled on
the day a sworn complaint is filed with the commission.  The  complainant  may  withdraw  the sworn
complaint at any time prior to a probable cause hearing if good cause is shown. Withdrawal shall be
requested in writing, signed by the complainant, and witnessed by a notary public, stating the
facts and circumstances constituting good cause. The executive director  shall prepare  a written
recommendation regarcling disposition of the request which shall  be given to the commission
together with the request. "G<lod cause" shall  be determined based upon the legal sufficiency or
insufficiency of the  complaint  to  allege  a violation  and  the reasons given by the complainant
for wishing to withdraw the complaint. If withdrawal is permitted, the commission must close the
investigation  and the case. No further action may be taken. The complaint will become a public
record at the time of withdrawal.
(3) For the purposes of commission jurisdiction, a violation shall mean the willful performance
ofan act prohibited by this chapter or chapter 104 or the willful failure to perform an act
required by this chapter or chapter 104. The commission  may not by rule determine what 
constitutes willfulness  or
81
CODING: Words striekeft are deletions; words underlined are additions.

Document 22-6   Filed 07/27/12   Page 42 of 45 PagelD 267

 

 

 

Ch. 2011-40                         LAWS  OF FLORIDA                         Ch. 2011-40

further define the term "willful" for purooses of this chapter or chapter 104. Willfulness is a
determination of fact; however, at the request of the respondent at any time after probable cause
is found, willfulness may be considered and determined in an informal hearing before the
commission.
(4) The commission shall undertake a preliminary investigation to determine if the facts alleged in
a sworn complaint or a matter initiated by the clivision constitute probable cause to believe that
a violation has occurred.
(i)l. Upon a commission fincling of probable cause, the counsel for the commission shall attempt to
reach a consent agreement with the respondent. At any time the commission may enter into a consent
order with a respondent without requiring the resoondent to admit to a violation of law within the
jurisdiction of the commission.
2.  A consent agreement is not binding upon either party unless and until it is signed by the
respondent and by counsel for the commission upon approval by the commission.
3. Nothing herein shall be construed to prevent the commission from entering into a consent
agreement with a respondent prior to a commission finding of probable cause ifa respondent
indicates in writing a desire to enter into negotiations directed towards reaching such a consent
agreement. Any consent agreement reached under this subparagraph is subject to the provisions of
subparagraph 2. and shall have the same force and effect as a consent agreement reached after the
commission finding of probable cause.
In a case where probable cause is found, the commission shall make a preliminary determination to
consider the matter or to refer the matter to the state attorney  for the judicial circuit in which
the alleged violation occurred. Notwithstanding any other provisions of this section, the commis­
sion may, at its discretion, dismiss any complaint at any stage of disposition if it determines
that the public interest would not be served by proceecling further, in which case the commission
shall issue a public report stating with particularity its reasons for the dismissal.
(5) 'lfflless A person alleged by the Elections Commission to have committed a violation of this
chapter or chapter 104 may elect as a matter of right eleeta, within 30 days after the date of the
filing of the commission's allegations, to have a formal administrative er iafarmal hearing
conducted befare the eammissiaa, er eleet;e ta resalve the eamplaiat by eaaseat a•<ief', saeh
persaa shall be entitled ta a farmal admiaistrati, e hea•iag eaadaeted  by an administrative
lawjudge in the Division of Administrative Hearings. The administrative law judge in such
proceedings shall enter a final order...Jtllli;h may include the imposition of civil oenalties 
subject to appeal as provided in
s. 120.68. If the person does not elect to have a hearing by an administrative law judge and does
not elect to resolve the complaint by a consent order the person is entitled  to  a formal  or 
informal  hearing  conducted  before   the commission.
82
CODING: Words striekeft are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP    Document 22-6

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                      Ch. 2011-40

Section 71.    Subsection (1) of section 106.26, Florida Statutes, is amended
to read:
106.26 Powers of commission; rights and responsibilities of parties; findings by  commission.-

(1) The commission shall, pursuant to rules adopted and published in accordance with chapter 120,
consider all sworn complaints filed with it and all matters reported to it by the Division of
Elections. Inorder to carry out the responsibilities prescribed by this chapter, the commission is
empowered to subpoena and bring before it, or its duly authorized representatives, any person in
the state, or any person doing business in the state, or any person who has filed or is required to
have filed any application, document, papers, or other information with an office or agency of this
state or a political subdivision thereof and to require the production of any papers, books, or
other records relevant to any investigation, including the records and accounts of any bank or
trust company doing business in this state. Duly authorized representatives of the commission are
empowered to administer all oaths and affirmations in the manner prescribed by Jaw to witnesses who
shall appear before them concerning any relevant matter. Should any witness fail to respond to the
lawful subpoena of the commission or, having responded, fail to answer all lawful inquiries or to
turn over evidence that has been subpoenaed, the commission may file a complaint in the hefere any
circuit court where the witness resides ef the state setting up such failure on the part of the
witness. On the filing of such complaint, the court shall take jurisdiction of the witness and the
subject matter of said complaint and shall direct the witness to respond to all lawful questions
and to produce all documentary evidence in the witness's possession which is  lawfully demanded.
The failure of any witness to comply with such order of the court shall constitute a direct and
criminal contempt of court, and the court shall punish said witness accordingly. However, the
refusal by a witness to answer inquiries or turn over evidence on the basis that such testimony or
material will tend to incriminate such witness shall not be deemed refusal to comply with the
provisions of this chapter. The sheriffs in the several counties shall make such service and
execute all process or orders when required by the commission. Sheriffs shall be paid for these
services by the commission as provided for in s. 30.231. Any person who is served with a subpoena
to attend a hearing of the commission also shall be served with a general statement informing him
or her of the subject matter of the commission's investigation or inquiry and a notice that he or
she may be accompanied at the hearing by counsel of his or her own choosing.

Section 72. Subsections (1) through (4) of section 106.265,  Florida Statutes, are amended and
renumbered, and present  subsection (5) of that section is renumbered as subsection (6), to read:

106.265    Civil penalties.-

(1) The commission or, in cases referred to the Division of Administrative Hearings pursuant to s.
106.25(5), the administrative law judi:e is authorized
83
CODING: Words stHekeH are deletions; words                   are additions.

Filed 07/27/12   Page 43 of 45 PagelD 268

 

 

 

Ch. 2011-40                       LAWS OF FLORIDA                      Ch. 2011-40

upon the finding of a violation of this chapter or chapter 104 to impose civil penalties in the
form of fines not to exceed $1,000 per count or if aoulicable,  to impose a civil nenalty as
provided in s  1 04.271 or s  1 06 1 9.
.(2) In determining the amount of such civil penalties, the commission m: administrative law judge
shall consider, among other mitigating and aggravating  circumstances:

(a)   The gravity of the act or omission;

(b)   Any previous history of similar acts or omissions;

(c) The appropriateness of such penalty to the financial resources of the person, political
committee, committee of continuous existence. electioneer­ in&r communications  Ofianizatjon,  or
political  party; and

(d) Whether the person, political committee, committee of continuous existence, electioneering
communications onization, or political party has shown good faith in attempting to comply with the
provisions of this chapter or chapter 104.

U}{21 If any person, political committee, committee of continuous existence electioneering
communications organization or political party fails or 'refuses to pay to the commission any civil
penalties assessed pursuant to the provisions of this section, the commission shall be responsible
for collecting the civil penalties resulting from such action.

(11\01 Any civil penalty collected pursuant to the provisions of this section shall be deposited
into the General Revenue Fund Eleetieft Camjlaigft Fiftaaeffig Trust FlHul.

fQ2\4) Netwithstanding aey ether jlFB 1isiefts ef this ehlljlter, Any  fine assessed pursuant to
the .isiefts ef this chapter shall, '<Yhieh Hfte is desigsated te he defJesited er "hieh ..euld
ethe...ise be deposited into the General Revenue Fund ef the state, shall he defJesited iftte the
Eleetieft CamIJaigs Fiftaneing Trust F"""·
Section 73. Subsection (1) and paragraph (b) of subsection (3) of section 106.29, Florida Statutes,
are amended to read:
106.29 Reports by political parties; restrictions on contributions and expenditures;    penalties.-

(!)  The state executive committee and each county executive committee of each political party
regulated by chapter 103 shall file regular reports of all contributions received and all
expenditures made by such committee. However, the reports shall not  include  contributions  and 
expenditures that  are reported  to the Federal  Election  Commission   In addition   when  a
special election is called  to fill  a vacancy  in office  each state  executive committee.   each 
 affiliated   party   committee,   and   each   county executive committee making contributions or
expenditures to influence the results of
84
CODING: Words etriekeft are deletions; words underlined are additions.


Case  8: 12-cv-01294-JDW-MAP

 

 

 

Ch. 2011-40                      LAWS  OF FLORIDA                       Ch. 2011-40

the  special  election  or  the  preceding   special  primary   election   must   file campaign
treasurers' reports on the dates set by the Department  of State pursuant to s 100 111 Such reports
shall contain the same information as do reports required of candidates by s. 106.07 and shall be
filed on the 10th day following the end of each calendar quarter, except that, during the period
from the last day for candidate qualifying until the general  election, such reports shall be filed
on the Friday  immediately  preceding  each  special primary election   special election  hath-the
primary election,. and the general election. In addition to the reports filed under this section,
the state executive committee and each county executive committee shall file a copy of each prior
written acceptance of an in-kind contribution given by the committee during the preceding calendar
quarter as required under s. 106.08(6). Each state executive committee shall file the sriginel and
sne espy sf its reports with the Division of Elections. Each county executive committee shall file
its reports with the supervisor of elections in the county in which such committee exists. Any
state or county executive committee  failing to  file  a  report  on  the designated due date shall
be subject to a fine as provided in subsection (3). No separate fine shall be assessed for failure
to file a copy of any report required by this section.
(3)

(b) Upon determining that a report is late, the filing officer shall immediately notify the chair
of the executive committee as to the failure to file a report by the designated due date and that a
fine is being assessed for each late day. The fine shall be $1,000 for a state executive committee,
and
$50 for a county executive committee, per day for each late day, not to exceed 25 percent of the
total receipts or expenditures, whichever is greater, for the period covered by the late report.
However, if an executive committee fails to file a report on the Friday immediately preceding the
special election  or general election, the fine shall be $10,000 per day for each day a state
executive committee is late and $500 per day for each day a county executive committee is late.
Upon receipt of the report, the filing officer shall determine the amount of the fine which is due
and shall notify the chair. N_otice is  deemed complete upon proof of delivery of written notice to
the mailing or street address on record with the filing officer  The filing officer  shall
determine the amount of the fine due based upon the earliest of the following:
l. When the report is actually received by such officer.
2.   When the report is postmarked.
3.   When the certificate of mailing is dated.
4.   When the receipt from an established courier company is dated.
5.   When the electronic receipt issued pursuant to s. 106.0705 is dated.
Such fine shall be paid to the filing officer within 20 days after receipt of the notice  of 
payment  due,  unless  appeal  is  made  to  the  Florida  Elections
85
CODING: Words strieken are deletions; words underlined are additions.

Document 22-6    Filed 07/27/12   Page 44 of 45 PagelD 269

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                      Ch. 2011-40

Commission pursuant to paragraph (c). An officer or member of an executive committee shall not be
personally liable for such fine.

Section 74.  Subsection (5) of section 106.35, Florida Statutes, is amended to read:
106.35   Distribution of funds.-
(5) The division shall adopt rules providing for the weekly reports and certification and
distribution of funds pursuant thereto required by this section. Such rules shall, at a minimum,
provide for!

(a) Speeilieatisns fer printed eampaign treasurer's repsrts suUining the fermat fer sueh ref!sl'ts,
ifteleiling si•e sf I'll!'er, tyflefaee, ealar af f!riRt, and placement sf reljuired infermatisn an
the ferm.
fb)b specifications for electronically transmitted campaign treasurer's reports outlining
communication parameters and protocol, data record formats, and provisions  for ensuring security
of data and transmission.

2.   ."JI eleetrsnieally transmitted eamf!aig'fl treasurer's ref!arls must also be Hied in f!rinted
fermat. Printed format shall net inelude eamf!aig'fl treasurer's ref!SFts  submitted  by eleetranie
faesimile traasmissiaa.
Section 75. Paragraph (b) of subsection (12) of section 112.312, Florida Statutes, is amended  to
read:
112.312 Definitions.-Aa used in this part and for purposes of the provisions of s. 8, Art. II of
the State Constitution, unless the context otherwise requires:
(12)
(b)   "Gift" does not include:
1. Salary, benefits, services, fees, comm1ss10ns, gifts, or expenses associated primarily with the
donee's employment, business, or service as an officer or director of a corporation or
organization.

,   2.    Contributions   or  expenditures  reported   pursuant  to  chapter  106, contributions  
or  expenditures   reported   pursuant   to   federal   election   law campaign-related   personal 
 services   provided   without   compensation   by individuals volunteering their time, or any
other contribution or expenditure by a political  party.

3. An honorarium or an expense related to an honorarium event paid to a person or the person's
spouse.

4.   An award, plaque, certificate, or similar personalized item given in
recognition of the donee's public, civic, charitable, or professional service.
86
CODING: Words strieken are deletions; words underlined are additions.


Case 8: 12-cv-01294-JDW-MAP     Document 22-6

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch. 2011-40

5. An honorary membership in a service or fraternal organization presented merely as a courtesy by
such organization.
6. The use of a public facility or public property, made avaHable by a governmental agency, for a
public purpose.
7. Transportation provided to a public officer or employee by an agency in relation to officially
approved governmental business.

8. Gifts provided directly or indirectly by a state, regional, or national organization which
promotes 'the exchange of ideas between, or the professional development of, governmental officials
or employees, and whose membership is primarily composed of elected or appointed public officials
or staff, to members of that organization or officials or staff of a governmental agency that is a
member of that organization.

Section 76. Paragraph (d) of subsection (1) of section 112.3215, Florida Statutes, is amended to
read:

112.3215 Lobbying before the executive branch or the Constitution Revision Commission; registration
and reporting; investigation by commis­ sion.-
(1)   For the purposes of this section:
(d) "Expenditure" means a payment, distribution, loan, advance, reim­ bursement, deposit, or
anything of value made by a lobbyist or principal for the purpose oflobbying. The term
"expenditure" does not include contribu­ tions or expenditures  reported pursuant to chapter 106 or
contributions or ellj)enditures reported pursuant to federal election law, campaign-related
personal services provided without compensation by individuals volunteer­ ing their time, any other
contribution or expenditure made by or to a political party, or any other contribution or
expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s.
50l(c)(4).
Section 77. Subsection (1) of section 876.05, Florida Statutes, is amended to read:
876.05  Public employees; oath.-

(1) All persons who now or hereafter are employed by or who now or hereafter are on the payroll of
the state, or any of its departments and agencies, subdivisions, counties, cities, school boards
and districts of the free public school system of the state or counties, or institutions of higher
learning, ruul all eaadidates foF puelie eftiee, except candidates for federal office, are required
to take an oath before any person duly authorized to take acknowledgments of instruments for public
record in the state in the following form:

Filed 07/27/12   Page 45 of 45 PagelD 270

 

 

 

Ch. 2011-40                      LAWS OF FLORIDA                       Ch.  2011-40

I, ......, a citizen of the State of Florida and of the United States of America, and being
employed by or an officer of ...... and a recipient of public funds as such employee or officer, do
hereby solemnly swear or affirm that Iwill support the Constitution of the United States and of the
State of Florida.
Section 78.   Section 876.07, Florida Statutes, is repealed.
Section 79. If any provision of this act or its application to any person or circumstance is held
invalid the invalidity does not affect other provisions or applications of the act which can be
civen effect without the invalid provision or application  and to this end the nrovisions of this
act are severable.
Section 80. Except as otherwise expressly provided in this act, this act shall take effect upon
becoming a law.
Approved by the Governor May 19, 2011.
Filed in Office Secretary of State May 19, 2011.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


87
CODING: Words stPiekeft are, deletions; words underlined are additions.
.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


88
CODING: Words stFielrea are deletions; words underlined are additions.


Case 8:12-cv-01294-JDW-MAP   Document 22-7    Filed 07/27/12   Page 1 of 27 PageID 271

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 2c


Document
"
22-7

Filed 07/27/12

 

 

 

 

FLORIDA DEPARTMENT OFSTATE
CHAPTER 2011-40, LAWS OF FLORIDA (HB 1355)

DEPARTMENT OF JUSTICE PRE-CLEARANCE SUBMISSION
PURSUAi'\'T TO SECTION 5OF THE VOTING RIGHTS ACT

 

 

 

 

 

 

 

 

 

 

1                97.012

 

 


2                  97.021

 

 

 

 

 

 

 

 


Sets out the Secretary of State's duties as the chief elections official ofthe state ranging from
maintaining uniformity in the interpretation of the elections laws to administering the Florida
Voter Registration System to conducting preliminary investigations into voting and registration
irregularities or fraud.

Detmes words or phrases as l1Se<l throughout the Florida Election Code (chapters 97-106, Florida
Statutes).

 

 

 

 

 

 

 

 


• Adds that the Secretary of State has the duty to provide written direction and opinions that
would apply uniformly throughout the state to all supervisors of elections regarding their duties
under the Florida Election Code or rules adopted by the Department of State's Division of
Elections. The Division of Elections over whom the Secretary has over.sight already issues advisory
opinions to those persons or entities specified in law as beina able to r   uest the o inion.
• Revises the definition for 'minor political party" to cross­ reference a newly created section
illchapter I 03, Florida Statutes, relating to the presidential electors; political parties and
committees.
Cf Sections 46 of chapter 2011-40, Laws ofFlorida

 

 

 

 

 

 

 

 

.. : Eff. Date·••

 

May 19,
2011

 

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

 

 

4

tlMla.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

97.025

 

 

97.0575

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Requires the Department of State to print the Florida Election Code which comprises chapters
97-106, Florida Statutes, into a publication separate and apart from the Florida Statutes.

Sets forth registration and requirements for third­ party voter registration organizations:
• A "third-party voter registration organization"
is defined·as by § 97.021(37), Flmida Statutes,
as "any IlersOri, entity, or organization soliciting dr collecting  voter  registration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Requires the publication to be made available to each candidate who qualifies with the Department
arid to the Supervisors of Eleetions which means that the publication can be provided online in
lieu of by hardcopy.

Amends registration and reporting requirements for third-party voter registration organizations as
follows:
•  Retains existing requirement that third-party voter registration organizations register with the
Division of Elections before engaging inany voter registration activities. Amends reaistration r   
irements to include the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May 19,
2011

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


:r
m
=i
DOJ Predearance Submi!ision for Elections Law, Chapter 2011-40, Laws of Florida


Case 8:12-cv-01294-JDW-MAP    Document 22-7     Filed 07/27/12

 

 

 

 


applications" with the exception of a person registering or collecting an application from that
person' s spouse, child or parent; or a person who collects voter registration applications as an
employee or agent of the Division of Elections, Supervisor of Elections' office, the Department of
Highway Safety and Motor Vehicles or a voter registration agency.
•   Third-party voter registration organizations must register with the Division of Elections prior
to engaging inany voter registration activities.
•   Third-party voter registration organizations must submit a report to the Division of Elections
on or before the 15th day after the end of each calendar quarter providing the date and location of
any organ.ized voter registration drives conducted by the organization in the prior calendar
quarter.
•  Third-party voter registrations must promptly deliver voter registration applications to the
Division of Elections or Supervisor of Elections.
•  Provides that third-party voter registration organizations are subject to fines: (l) for each
application submitted mor.e than I0 days after the applicant delivered the completed application to
the third-party registration organization; (2) for each application collected by a third-party
voter registration organization before book dosing for a given election and received by the
Division of Elections or Supervisor of Elections after the book dosing deadline for the election;
and (3) for each application collected by a third-party voter

 

 

 


w                                                                                       Eff; Date
names and addresses of third-party voter registration organization's registration agent and removes
requirement that third-party voter registration .organizations provide names of their board of
directors. Requires registration agents to provide a sworn statement that the agent will obey all
state laws and rules regarding the registration of voters.
•   Requires the State and Supervisors of Elections to provide vote. registration forms to
thirdparty voter registration organizations. Requires forms to contain information identifying the
organiz.ation to which they were provided.
•   Requires the Division of Elections to maintain a database of all third-party voter registration
organizations and the voter registration forms assigned to each organization. Requires Supervisors
of Elections to provide information to the Division regarding voter registration forms provided to
and received from third-party voter registration organizations.
•   Amends existing requirement that third-party voter registration organizations "promptly"
deliver each voter registration application to the Division of Elections or Supervisor of Elections
to Specifically require that applications be delivered within 48 hours (or the next business day if
the appropriate office is closed for the 48- hour period).
•   Amends schedule of fines imposed on third-party voter registration organizations for failure to
promptly deliver voter registration applications to conform to 48-hour delivery requirement.
Retains existing fine amounts and aggregate fine limit of $1,000 per third-party voter registration
organization for violations committed in a calendar year. Removes provision providing for reduction
in fines based on compliance with registration requirements.
•  Requires Division of Elections to adopt rules to ensure the integrity of the registration proce
'.inlu<Iing rules

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Preclearancc Submission for Elections Law, Chapter 2011-40, Laws of Florida                    
                                                                                                   
         2

 

 

 

 

Scitute/Law  ·

 

 

 


·. Status"){faw' rior t6 effectiv((l.ate of c)!ang-- registration  organization  that is not
submitted to the Division of Elections  or Supervisor of Elections.
•  Provides for waiver of fines by :the Secretary of State upon a showing that failure to deliver
the voter registration application promptly is based upon force majeure or impossibility of
performance.
•    Provides that the aggregate fine that may be assessed against a third-party voter registration
organization for violations committed in a calendar year is $1,000. Provides that fines will be
reduced by three-fourths for third-party voter registration organizations that have complied with
the registration requirements of
§ 97.0575, Florida Statutes.
•  Provides the Division of Elections with authority to investigate any violation of § 97.0575,
Florida Statutes, and to assess civil fmes.
•    Provides that civil fines provided in §97.0575, Florida StatuteS7 are in addition to any
applicable criminal penalties.
•   Requires the Department of State to adopt rules as necessary to implement the statutory
provision:.

 

 

 

 

· Chall etc>Jaw •
requiring third-party voter registration organizations to account for registration forms used by
their registration agents.
•  Amends provision authorizing Division of Elections to investigate violations of and enforce the
provisions of § 97_0575. Florida Statutes, to instead authorize the Secretary of State to refer
potential violations to the Attorney General for enforcement.
•    Provides that amendments to § 97.0575, Florida Statutes, apply to any third-party voter
registration organization registered with the Department of State as of the effective day of Ch.
2011-40, Laws of Florida. Third-party voter registration organizations must comply with law as
amended within 90 days after the Department provide.s notice of the amended requirements.Provides
that failure to comply with the law as amended within 90 days will result inthe cancellation of a
third-party voter registration organization's registration.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


The list of 3'd party voter registration organizations registered with the State is made available
currently on a Excel spreadsheet at: http://election.dos.state.fl.us/tpvr/

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


5 and 6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

97.071

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Requires voter information card to contain the following information:
•  Voter registration number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


• Requires new voter information cards issued on or after A%onst 1, 2012, to include polling place
address in addition to information  reviousl        ·red.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


August 1,
2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DOJ Preclearance Submissfon for Elections Law, Chapter 2011-40, Laws of Florida                    
                                                                                                   
          3


Case 8: 12-cv-01294-JDW-MAP   Document 22-7    Filed 07/27/12   Page 5 of 27 PagelD 275

 

 

 


section····  skfot/Law

 

 

 

 

 


7                   97.073

 

 


8
97.1031

 

 

 

 


•  Date of registration
•   Full name
•  Party affiliation
•   Date of birth
•   Address of legal residence
•  Precinct number
•  Name of and contact ihfonnation for Supervisor of Elections
• Other information deemed necessary

Requires a voter information card to be issued anytime the voter requests a replacement card, or
makes an address, name or  olitical  arty change.
Requires the Supervisor of Elections to notify an applicant regarding the disposition of his or her
voter registration application.

•   Requires a person to update his or her voter registration record whenever there is an address
change, name change, or political party affiliation change_

•  For in-county address changes, requires that a voter notify the Supervisor of Elections within
that county using a signed written notice, by telephone, or electronic means. Notification
other than by signed, written notice must include the voter's date of birth.

•   For address changes from one county to another county, requires that a voter notify a voter
registration official using a voter registration application.

 

 

 

 


• Adds requirement that Supervisor of Elections issue new voter information card to a voter when a
polling place address changes.

 

 

 

 

 

• Imposes a 5 business day timeframe inwhich the Supervisor of Elections must notify an applicant
that his or her application has been approved, is incomplete, has been denied, or is a duplicate of
an existing rev-istration.
• Expands options for a voter to change his or her residence address inthe voter registration
record by allowing notification of both in-county and county-to-county address changes to be
provided to Supervisor of Elections: (1) by telephone or electronic means (with dateof birth); (2)
using a voter registration application; or (3) by other signed written notice.
• Expands options for a voter to change his or her political party affiliation by allowing
notification to be provided to Supervisor of Elections or other voter registration official by
using a signed written notice containing the voter's date of birth or voter registration number,
rather than requiring change to be submitted on a voter registration application.
• Expands options for a voter to submit <:hanges to his or her name in the voter registration
rec-0rd by allowing notification to be provided to Supervisor of Elections or other voter
registration official by using a signed writteu notice containing the voter's date of birth 0r
voter r    ·stration number, rather than re  uirina

 

 

 


· Eff. Date.·;.·

 

 

 

 

 

 


May 19,
2011

 

 

 

 

 

May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Preclearnnce Submission for Elections Law, Chapter 2011-40, Laws of Florida                    
                                                                                                   
                   4


Case 8:12-cv-01294-JDW-MAP    Document 22-7     Filed 07/27/12   Page 6 of 27 PagelD 276

 

 

 


'.Section     . Statute/Law . ... ...  StatusOf la:W:prfor to effective date ofchallQe  . .·.
.Chini?;e to kw \

 

 

 


.·•••·•···•     ..· >  < - Eft Date / .

 

 

 

 

 

 

 

 

 

9                  98-075

 

 

 


10                98_093

 

 

 

 

•   For changes to a voter'sname or political party affiliation, requires that a voter notify a
voter registration official using a voter registration application_
Requires Department of State to identify registered voters who are deceased using information
received from the Florida Department of Health_

Requires supervisors to remove the name of a deceased registered voter upon receipt of the
information from the Department of Health or United States Social Security Administration thnmgh
the statewide voter registration system

 

 

Requires state and local governmental agencies to provide information and access to the Department
of State to ensure the maintenance of accurate and current voter registration records_

 

 

 

 

change to be submitted on voter registration application..

 


• Expands the data/information sources that may be used to remove registered voters identified as
deceased to include information obtained from the United States Social Security Administration,
including any master death file or index
• Imposes 7-day deadline for supervisors of elections to remove the name of a deceased registered
voter after receipt of information from the Department of Health or United States Social Security
Administration through the statewide voter registration system.
• Requires supervisors of elections to remove the name of a deceased registered voter from the
statewide voter registration system upon receipt of a copy of a death certificate issued by a
governmental agency authorized to issue death certificates.
• Updates the law to reflect that the Florida Parole Commission rather than the Board of Executive
Clemency is now responsible for furnishing clemency data.
• Changes the frequency of clemency reports to be submitted to the Department of State from monthly
to bimonthly.
• Specifies additional information that must be included in clemency data, to include driver? s
license number, Florida identification card number, the last four digits of the person's social
security number, ifavailable, and record identifiers assigned by the Department of Law Enforcement.
• Clarifies that the role of the Department of Corrections is to provide information to enable the
Department of State to identify registere<l voters who are convicted felons and to meet its
obligations under state and federal law.

 

 

 

 

 

 

 

 

 

May 19,
2011

 

 

 

 

 

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


11                                                  •  Requires supervisors of elections to
transmit completely updated voting history information

 


DOJ Predearam:e Submission for Elections Law, Chapter 2011-40, Laws of Florida

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

•   Amends the reporting deadl for supervisors of elections to transmit voting history and precinct
levei results to the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Eff. July 1,
2012

 


5

case 8:12-cv-6'1294-J ow-MAP    DacLi'ment 22· 7 ..,°Fi1 d 07727112

 

 

 

 

Sectio

 

 

 


tatiite!Law   Status ofJaw i:iriorfoeffective date ilf C:li.anie..
for each qualified voter who voted within 45 days after a general election.

•  Requires the Department of State to prepare a report using the voting data provided by
supervisors of elections and submit a report containing specified information to the Florida
Legislature within 60 days after a general election.

• Requires Supervisors of Elections to collect and submit to the Department of State precinct-level
election results containing specified data within

 

 

 


·.    · Changeto Jaw •··· •···. .··· .·.· · ...· ...          .        1<  ·.    >< Department  of
State  from 45 days to 30 days after certification by  the Elections Canvassing  Commission  of a
presidential  preference primary,  special election, primary election, or  general  election.
•   Amends the reporting deadline for the Department of State to submit a report to the Florida
Legislature from 60 days to 45 days after certification of election results by the
Elections canvassing Commission of a presidential preference primary, special election, primary
election, or general election.
•  Codifies the file specifications for voting history and election results data.

 

 

 

 

 

 

 

 

 

 

 

45 days after a presidential preference primary election, special election, or general election

 

 

 

 

 

 

 

 

 

 


•   Requires the Supervisors of Elections to reconcile election results with voting history data.

 

 

 

 

 

 

 

 

 

 

 

 

•   Requires precinct-level election results received from the Supervisor of Elections within 30
days after the certification of election results in specified elections to be made _publicly
available ina searchable, sortable and downloadable database per statutory file specifications.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12                 99.012

 

 

 

13                99.021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provides that the name of any person who does not comply with Florida's resign-to-nm requirements
may be removed from the ballot when ordered by a circuit eourt.

 


Provides the requirements for completing a candidate oath.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

• Clarifies that if an order of a court that has become final determines that a person did not
comply with Florida's resign­ to-run requirements, the person shall not be qualified as a
cantjidate for election and his or.her name may not appear oi;i the ballot.
• Amends law to expressly exclude persons seeking the office of President or Vice President of the
United States from Florida's resign-to-run law.
• Removes reference inthe candidate oath to public employee loyalty oath that is taken only after a
candidate has been elected and becomes a public official
• Revises the candidate oath to require support of the United States Constitution and Florida
Constitution.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


May 19,
2011

 

 

May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Preclearance Submission for Elections Law, Chapter 2011-40; Laws of Florida                    
                                                                                                   
         6

'-<};;.      ,':..iv.

Case 8: 12-cv-01.294-JDW-MAP   Document 22-7

Filed 07/27/12   Page 8 of 27 PagelD 278

 

 

 


'Seetiori    ·  Stafote!Law

 

 

 


:Status of law prior to effective d3:te ofcliange ·.

 

 

 


"change.to.1aw

 

 

 

 

······.

 

 

 

..··     .       r ··. ... .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


14                 99.061

 

 

 

 

 

 

 

 

 

 

Provides the method for qualifying as a nominee or candidate for federal, state, county or district
office including all the forms and information that must be provided.

 

 

 

 


• Codifies existing practice in which candidates who are qualifying for presidency under Chapter
I03, Florida Statutes, (relating to presidential electors, political party committees) are not
required to complete the state candidate oath.
• Replaces requirement that a printed copy of the oath to be furnished to the candidate by the
qualifying officer with a requirement that the oath be made available to the candjdate.
• Revises oath for candidates seeking nomination of political party to state that the candidate has
not been registered as a member of another party for 365 days before the beginning of qualifying.
Cf. s. 51, ch. 2011-40, Laws of Florida
• Requires financial disclosure statements and candidate's oath to be executed before a notary or
other person authorized to administer oaths.
• Requires the qualifying check drawn upon candidate's account to be made payable to the person or
entity prescribed by the filing office\ (unless the candidate obtained the required mnnber of
signatures to qualify by petition).
• Removes reference to public employee loyalty -0ath that is taken only after a candidate has been
elected and becomes a public official.
• Provides that a candidate whose qualifying checl< is returned by the bank for any reason shall
have until the end of qualifying to pay the fee with a ·cashier's check (rather than ·48 hours
after notification by the qualifying officer regarding the returned check).
• Codifies case law that filing officer performs a ministerial function in reviC\¥ing qualifying
papers and review is limited to whether all required items have been properly filed and whether
each item is complete on its face and not whether the contents of the qualifying papers are
accurate.
• Provides that the decision of a qualifying officer czmceming

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DOJ Preclearance Submission for Elections Law, Chapter 201140, Laws of Florida                     
                                                                                                   
         7

 

 

 

 

Section:        Statute/Law         Stafos·of law  rior to effective.

 

 

 

 

whether a candidate is qualilied is exempt from administrative review under chapter 12D, Florida
Statutes (relating to the A<lJ11inistrative Procedures Act).

 

 

 

 

 

 

 

 


15                99.063

 

 

 

 

 

 

 

 

Provides the method for qualifying as a candidate for Lt. Governor.

 

 

 

 

 

 

 


• Now requires candidate's oath for Lt. Governor to be executed before notary or other person
authorized to administer oaths.
• Removes reference to public employee loyalty oath that is taken     May 19, only after a
candidate has been elected and becomes a public           2011
official.

 

 

 

 

 

 

 

 

 

 

 

Requires election assessment fees which are a part of the qualifying fees to be deposited intothe
Clearing
16               99.092                   Funds Trust Fund and then transferred to the
Elections Commission Trust Fund '.vithin the Department of Legal Affairs.
Requires municipal candidate's election assessment

 

 

 

 

 

 

 

 

 

 

 


• Streamlines the deposit of the election assessment by requiring     May 19, transfer directly
into the Elections Commission Trust Fund.          2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

fees which are a part of the qualifying fees to be           • Requires the municipal candidate's
election assessment to be       May 19,
17               99.093                     forwarded to th.e Department of State for transfer to  
           forwarded directly to the Florida Elections Commission for             2011
the Elections Commission Trust Fund within the                     deposit into the Elections
Commission Trust Fund. De  artment of Legal Affairs,
Provides the method for qualifying for office by             • Provides special provisions for
county or district candidates petition in lieu of qualifying fee and party                       
qualifying_ by petition in year of appor:tionment, allowing
assessments.                                                                             
signatures to be obtained from any registered voter inthe                May 19,
18                99.095                                                                           
                                              respective county, without regard for district
boundaries, and          2011 providing that candidate shall obtain at least the number of
signatures of one percent of the total number of registered voters divided b   the total number of
districts of the office involved.
• Sets forth the requirements for verifying              • Codifies existing rule that signatures
for citizen initiative
signatures on petitions including candidate and               petitions may not be verified by the
random sample method.            May 19,
19                 99.097                             initiative petitions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


• Revises signature verification process to require all other           2011
re  uirements of the     tition to be satisfied before the signature

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DOJ Precle:u-ance Su.omission for Elections Law, Chapter 2011-40, Laws of Florida                  
                                                                                                   
                     8

Case 8:12-cv-01':2"94'...JbW-MAP Document22f Filed d?/27112 Pag'e 10 of 27 PagelD 28b

 

·section     Statute/Law·      Status oflaw prior to effective, date of'.chan2:e<• ·•·.·· ···  
Change to,faw

 

 

 

 

 

 

 

 

 

 

 

 

 


20                 100.061

 

21                  100.101

 

 

 

22                  100.111

 

 

 

 


• Provides two methods for signature verification:
1) name-by-name/signature-by-signature  or 2) random sample method..

• Allows petition verification results by random sample method to be contested in circuit court.

• Permits a candidate, person, or organization to have petition signatures verified at no cost
where payment of signature verification fee would result inan undue burden on the resources of the
party filing the undue burden certification.

 

 

Sets the date for holding a primary election for political party candidates on the Tuesday of the
10th week before the general election.
Sets forth events requiring a special election and special primary election.

 

Sets forth the process for filling a vacancy in office or nomination.
•   Provides that no special election is required to fill a vacancy in a state or county office
required to be filled by election where, during an election year, the incumbent has qualified as a
candidate for federal office. Instead, persons seeking nomination or election to the vacated office
shall qualify during the state qualifying period.

 

 

 

 


can be verified as valid.
• Revises language describing signature verification process while retaining substantive standard
that signatures shall be verified and counted as valid for a registered voter if the supervisor is
able to determine that the petition signer is the same as the registered voter, even if the name on
the petition is not in substantially the same form as in the voter registration system.
• Provides that an undue burden oath may not be filed in lieu of paying the signature verification
fee where a person has been paid to collect signatures on a petition.
• Requires payment of signature verification fee by a candidate, person, or organization submitting
an undue burden oath where payment is subsequently made to any person to solicit signature5 on a
petition. Payment shall be made from any contributions received under chapter l 06, Florida
Statutes (relating to campaiw. financing)
• Moves the State'sprimary election from 10 weeks to 12 weeks before the general election;
therefore, the primary in 2012 will be held on August 14, 2012.
• Eliminates an exception to holding a special election in the event a vacancy in state or county
office is created when an incumbent officeholder qualifies for federal office. See also section 22
of ch. 2011-40, Laws of Florida, which eliminates reference to these two types of vacancies.
• Removes exemption from special election requirements when a vacancy occurs in a state or county
office by reason of the incumbent having qualified as a candidate for federal office.
• Revises the process for notifying the political party executive cmnmittee regarding a vacancy in
nomination created by death, resignation, withdrawal, or removal. Requires the filing officer,
rather than the Department of State, to notify the chair of the state or county political party
executive committee. Clarifies which political party committee is responsible for filling a

 

 

 

 

 

 

 

 

 

 

 

 

 

May 19,
2011


May 19,
2011

 

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DO.J Preclearance Submission for Elections Law, Chapter 2011-40, Laws of Florida                   
                                                                                                   
         9


Case 8:12-cv-01294-JDW-MAP    Document 22-7     Filed 07/27/12   Page 11 of 27 PagelD 281

 

 

 


''Section  ··.    ·StatutC!La

 

 

 


tatus of faw nrior to effective ifate of chall!!e   . , .. .      chari2e t<>·faw. >;  •.. / ;/ /
.··. •  ·

 

 

 

.                                 . . .I. .·..··.•     . .

 

 

 


..   .

 

 

 


·trr.•fihtF   ·

 

 

 

 

•   Requires Secretary of State to notify supervisor            vacancy in nomination in different
offices_
of elections where such a vacancy OC{;UfS in an       • Requires political parties to submit the
name of the person election year other than the one immediately            designated to fill a
vacancy in nomination to the :filing officer preceding eA-piration of the present term and         
   rather than always to the Department of State.
requiring supervisor to provide public notice of

 

 

 

 

 

 


the vacancy_
•   Requires Department of State to notify the chair of the appropriate political party executive
committee in the event that death, resignation, withdrawal, removal, or any other
· cause or event causes the party to have a vacancy in nomination.

 

 

 

 

 

 


• Provides that a vacancy in nomination is not created ifan order of a court that has become final
determines that a nominee did not properly qualif)' or did not meet the necessary qualifications to
hold the office for which he or she sought to qualify.

 

 

 

 

 

 

 

 

 

 

 


•   Sets forth the process for ballot placement of           • Clarifies that the
"appropriate"supervisor of elections to whom constitutional amendments proposed by                 
    signed petitions must be submitted for verification is the initiative, including verification
of petition                  supervisor of elections for the county of residence listed by the
signatures.                                                                   person signing the
form. Requires supervisors of elections to
notify petition sponsDr Df misfiled petitions.
•   Provides process for revoking petition signatures            Amends the requirement that the
petition signer had to be a by sponsoring committee opposing citizen

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

initiative or by signer of petition.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

registered voter of the county where the petition was submitted
for verification at the time of signing the petition. It is now            May 19,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


23                 100.371                                                                         
                                      sufficient that the voter be a registered voter of the State
of             2011
Florida (not a specific county) at the time of signing and at the
time of verification.
• Amends the period of validity for signed petitions from 4 yars to 2 years.
•  Eliminates provisions in law relating to revocation of citizen initiative petitions that were
declared unconstitutional in
Browning v. Florida Hometown Democracy, Inc_, PAC, 29 So.
3d 1053 (Fla. 2010).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

24                   Hl l.001

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Pertains to setting precinct boundaries and polling          • Requires supervisors to provide to
the Department of State data     Effective places as follows:                                      
                      on all nrecincts in each county associated with the most recent       July J
, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Preclearancc Submission for Elections Law, Chapter 2011-40, Laws of Florida                    
                                                                                                   
        lO


Page 12 of 27 PagelD 282

 

 

 


  S tatute/Law        

 

 

 

 

 

 

 

 

 

 

 

 

 


25                  101.043

 

 

 

 

 

•    Requires Supervisors of Elections to maintain maps regarding geographical boundaries and
designation for precincts in accordance with one of five categories of designation:  I)census
blocks, 2) governmental units, 3) visible street, stream, rail, lakes, etc appearing on maps, 4)
public parks, public school grounds or churches,
5) political subdivisions.

•  Requires any changes to boundaries or designation of precincts or polling places to be posted at
the supervisor's office.

 

 

 

 


Requires every voter to present a photo and signature identification at the polls before voting.
Nine acceptable forms of ID exist:
• Florida driver's license
• Florida identification card issued by the Department of Highway Safety and Motor Vehicles.
• United States passport.
• Debit or credit card.
• Military identification.
• Student identification.
• Retirement center identification.

 

 

 

 


decennial census. Requires the Department of State to maintain a searchable database containing the
precincts and the corresponding most recent decennial census blocks within the precincts.
• Establishes that the latest U.S. decennial census block is to be used as the default basic unit
for creating or changing precinct boundaries.
• Provides an exception ifthe census block boundaries split or conflict with another political
boundary, then the precinct boundaries may still be defined along the other four categories of
designation currently existing in law.
• Repeals provision providing that, prior to July 1, 2012, a supervisor of elections could apply
for and obtain from the Secretary of State a waiver of the precinct boundary requirements.
• Adds requirement that changes to county precinct data must be reported to the Department of State
within 10 days after the change.
• Requires precinct boundary data to be provided for aII precincts for which precinct-level
election results and voting history results are re orted.


• Prohibits use of the address appearing on the identification presented by the voter as the basis
to confirm the voter's legal residence or otherwise challenge the voter's legal residence.
• Provides that a voter may not be asked to provide additional information or to recite his or her
home address when he or she presents picture identification to the clerk or inspector and the
address on the identification matches the address in the supervisor's records.

 

 

 


i Eff.J>ate ·

 

 

 

 

 

 

 

 

 

 

May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Predeara nce Submission for Elections Law, Chapter 2011-40, Laws of Florida                    
                                                                                                  
II


Case 8:12-cv-01294-JDW-MAP    Document 22-7     Filed 07/27/12   Page 13 of 27 PagelD 283

 

 

 


Section     ·    Statute/Law ··           Status of Jaw.ririor to effective date of chl:m1!e   ·...
• Neighborhood association identification.
• Public assistance identification.
The signature part of the requirement may be satisfied with some other form of identification if
nDt on the photo ID.
Requires that electors vote in precinct in which they are registered and in which they have legal
residence.

Provides that an elector who moves from the precinct in which the elector is registered may vote in
the precinct to which he or shehas moved his or her
legal residence provided the elector completes an

 

 

 


Cllane:e to law ·• •          .. ·.              ·..·     .

 

 


•   Provides that an elector who moves from the precinct in
which he or she is registered to another precinct within the
same county may vote in the precinct to which he or she has
moved his or her legal residence, provided the affirmation or voter registration application are
completed by the elector as provided under prior law.

 

 

 


Eff. Date. '·

 

 

 

 

 

 

 

 

 

 

 

26      101.045

 

 

 

 

 

 

 

 

 

 

affirmation regarding the change oflegal residence or completes a voter registration application
indicating the address change.

 

 

 

 

 

 

 

 

 

 

•   Provides that, 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 <lr her legal
residence at the polling place and vote a regular ballot, but is entitle.cl to vote a provisional
ballot.
•  A ballot of a person casting a provisional ballot "shall be counted" unless the canvassing board
determines by a
preponderance of evidence that the person was not entitled to vote (i.e., n<Jt a registe;-ed
voter-, n-0t voting in pnxinct corresponding to new address on provisional ballot certificate,
voted before in same election, or fraud). See § 10L048, Fla. Stat.

 

 

 

 

 

 

 

 

 

 

 

May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


27      101.131

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provides the process and timelines for designating and approving poll watchers for parties,
political contmittees and candidates for specific polling places and early voting sites and for
specific hours.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


• Requires poll watcher designations. to be submitted to supervisors of elections on a fonn
prescribed by the Department of State, Division of Elections.
• Specifies that the officials entitled to designate poll watchers are the chair of a political
party county executive committee, the chair of a political committee, and a candidate.
• Provides that poll watchers shall be allowed to enter and watch polls illall polling rooms and
early voting areas within the county in which they have been designated, if the number of poll
watchers in any narticu!ar    ···      e does not exceed the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Predearance Submission for Elections Law, Chapter 2011-40, Laws of Florida                     
                                                                                                   
                  12

case 8:12=6v=o1294-J5W-MAP
,, , , ,.j,,;."'"        ;. ..·  J>.J                       ,. ··-r·'  ·..,. , ,...;"
Page 14 of 27 PagelD 284

 

 

 


Section     ·  Statute/Law   ···.· · ·.     Status'Of iawprior to effective ditte of cha.iufo >    
                                                                         ·.
number allowed for each candidate, political committee or political party.
• Requires supervisors of elections to pnwide poll watcher identification badges to poll watchers
no later than 7 days before early voting begins. Requires each poll watcher to wear his or her
identification badge while in the polling room ot e.arly
voting area

 

 

 

 

 

 

 

 

 

 

 

28      101.151

 

 

 

 

 


29, 30          10U61

 

 

 

 

 

 

 

 

•  Sets forth ballot specifications such as the use of marksense ballots and ballot on demand
technology.
• Allows the use of ballot-on-demand technology to produce absentee ballots and generate ballots
during early voting.
•     Requires prior approval of Secretary of State to use ballot-on-demand  technology  for
generating ballot.<> at the polls on Election Day.
•    Provides that minor political party candidates and candidates with no party affiliation shall
have their names appear on th;;: general election ballot in the same order as they were certified.
Provides the parameters for how a constitutional amendment or other public referendum is placed on
the ballot.

 

 

 

 

 

 

 

 

• Expands authority of Supervisors of Elections to use ballot--on­ demand technology to produce
marksense election-day ballots without requiring prior approval from Secretary of State.
• Revises the ballot layout to remove redundant beadings that preceded office titles.
• Provides that the names of minor political party candidates shall appear on the general election
ballot in the order they were qualified, followed by the names of candidates with no party
affiliation, in the order they were qualified.

 


• Clarifies exemption of constitutional amendments proposed by joint resolution from ballot summary
requirements.
• Sets up a new process by which joint resolutions proposing a constitutional amendment or revision
are placed on the ballot which includes:
o   A 30 day window from the date a joint legislative resolution is filed with the Secretary of
State to challenge the joint resolution's ballot statement
o    Authority of the Attorney General to prepare a revised ballot title or summary inthe event the
Court finds that all ballot statements embodied in ajoint resolution are defective.  (must be
completed within 10 days)
o   A 10-day window to challenge judicially the Attorney

 

 

 

 

 

 

 

 

 

 

 

May 19,
2011

 

 

 

 

 

 

May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DOJ Predearance Submission for Elections Law, Chapter 2011-40, Laws of Florida                     
                                                                                                   
                  13


Case 8:12-cv-01294-JDW-MAP    Document 22-7     Filed 07/27/12   Page 15 of 27 PagelD 285

 

 

 


·..     Stafote!Law

 

 

 

 

 

 

 


31                 101.5605


32                I     lOl.5606

 


33                 101.56075

 

 

 


Status of law pri<>Fto effective date;of change /

 

 

 

 

 

Sets forth the process for examining and approving voting equipment.

Sets forth the requirements for approving electronic voting systems.
Sets forth the primary method for voting in Florida which is by marksense ballot with an exception
for persons with disabilities who may opt to use touch screen technology.

 

Sets forth the methodology for testing voting systems.

 

 

 

 

General's revision of the ballot statement
o     Expressly authorizes the use of the full text of the amendment or revision in place of a
ballot summary. Provides a statutory presumption that a ballot statement that consists of the full
text of an amendment or revision is a clear and unambiguous statement of the substance and effect
of the amendment or revision, providing fair notice to the electors of the content of the amendment
or revision and sufficiently advising electors of the issue upon which they are to vote.
•  Provides that amendment of section 101.161 applies retroactively to alljoint resolutions adopted
by the Legislature during the 2011 Regular Session.
• Corrects an error in law that referred to non-existent electronic industry standards for
evaluating voting systems and replaces it with cross-reference to standards adopted by department
rule.
• Eliminates reference to outmoded mods of producing nrecinct totals.
• Mandates that, by December 3I, 2013, all voting systems used in the state for a state election
must be capable of placing th.e entire text of a constitutional amendment including stricken or
underlined text on the ballot. (This corresponds to changes in section 29).This represents a change
from current practice which isjust to place the ballot summary of a constitutional amendment or
revision.         .
• Changes the random sample testing of voting systems:
o    Requires testing of either 5 percent or 10 of the optical scan machines, whichever is greater;
and

 

 

 

 

 

 

 

 

 

 

 


May 19,
2011

May 19,
2011

 

May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

34                 101.5612

 

 

 

 

DOJ Preclearance Submission for Elections Law, Chapter 2011-40, Laws of Florida

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


o  Requires testing of least 2 percent of the touch screen systems.
This reflects Florida's elimination of the touch screen voting devices as the primary Il),od for
voting in Florida, while

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May 19, 20ll

 

 

 


14


Case 8:12-cv-01294-JDW-MAP    Document

 

 

fote/Law          Status of law  ·rior to effective date ofC:han e

 

 

 

 

 


35                 101.5614

 


36                lDl.591

 

 

 

 

 

 


37                  101.62

 

 

 

 

 

,    Provides the process for public  canvassing of election returns and duplicating damaged
absentee ballots and write-in  ballots.
Requires a voting system audit to be conducted after certificati-0n of each election. The audit
consists of a public manual tally of votes cast in one rand-0mly selected race that appears on the
ballot. The audit must be completed no later than 7 days after certification and a report must be
filed with the Department of State within 15 days thereafter.
•   Sets forth the process for requesting, delivering and returning an absentee ballot.
•    Mandates the daily reporting by no-0n of the following day all prior day absentee ballot
request and ballot processing information including who requested, how many were requested, how
many voted, etc.  ·
•    Requires absentee ballots to be sent no later than 45 days before each election via the method
specified by the voter (e-mail, mail, or fax; default: mail) to the uniformed services voter and
overseas voters (UOCAVA voters).
•    Requires absentee ballots to be mailed (nonforwardable, return-if-undeliverable) to all other
(rton-UOCAVA) voters to the mailing address on record unless the person specifies that he or she is
out of county, temporarily -0ut of home due to natural disaster, or ina medical, rehabilitative or
corrections facility; then to another mailing address.

 

 

 

 

 

• Clarifies the process for canvassing write-in votes cast on a ballot to allow for review of
ballot or ballot image_

 

• Creates an exception for conducting amandatory post-elections voting systems audit if a manual
recount is undertaken pursuant to § I02.166, Fla. Stat.

 

 


• Oarifies that a request for an absentee ballot shall be deemed sufficientto receive an abs.entee
ballot for all elections through the end of the calendar year of the second ensuing regularly
scheduled general election.
• Amends time for supervisors of elections to provide information regarding absentee ballot
requests from noon to 8 am. and expressly includes weekends.
• Imposes a 7-day window in which absentee ballots must be mailed to all non-UOCAVA voters (Between
the 351h and 281h day before an election), and thereafter requires supervisors of elections to mail
absentee ballots within 2 business days after receiving  arequest.
• Requires absentee ballot to be mailed to. the mailing address on record or any other address
specified in the request.

 

 

 

 

 

May 19,
2011

 

May l9, 20ll

 

 

 

 

 

 

May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


38               10L65

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provides the content for absentee ballot instructions.           ·es the ballot instructions to
include notice to the voter that:
•  The absentee ballot will not be counted if the signature on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Prcclearance Submission for Elections Law, Chapter 2011-40, Laws of Fforida                    
                                                                                                   
       15


Case 8:12-cv-01294-JDW-MAP    Document 22-7     Filed 07/27/12   Page 17 of 27 PagelD 287

 

 

 


Section        Statute/Law      ·..     Status of law.!>I-for to effec'tive date'of i:hange

 

 

•     Provides for early voting in county, state, and federal elections beginning  an the 15th day
before an election and ending on the 2nd day before  an election.

 

 

 

 


the voter's certificate does not match the signature on record (which is the cun-ent standard under
section l 01.68, Florida Statutes, for not counting an absentee ballot), and
•    Signature updates for purposes of absentee or provisional ballot canvassing, can be made up
until canvassing of absentee ballots starts (canvassing may start as early as 15 days before
election). Cf. Section 40 of chapter 2011-40, Laws of Florida
• Requires supervisors of elections to provide to the djvision no later than the 30th day before an
election the address of each early voting site and the hours that early voting will occur at
each site.

 

 

 

 

 

 

 

 

 

 

 

 

 


39                 101.657

 

 

 

 

 

 

 

 

 

 


•   Early voting shall be provided for 8 hours per weekday and 8 hours inthe aggregate each weekend
at each site.
•   Early voting sites shall open no sooner than 7
a.m. and close no later than 7 p.m. on each
applicable day.
•  Early voting is optional for municipal and special district elections not held in conjunction
with a county, state, or federal election.
•   For special elections held pursuant to § 100.101, Florida Statutes, provides for early voting
beginning on the 8th day before an election and ending on the 2nd day before an election.
.                                   .

 

 

 

 

 

 

 

 

 

 


• Compresses the same maximum number of early voting hours (96) from a 14-<lay period into an 8-day
period, beginning on the 10th day and ending on the 3rd day before the election.
• Requires no less than 6 hours of early voting and no more than 12 hours of early voting to be hdd
at each site (compared to 8 hours under prior law).
• Retains existing requirement that all early voting sites allow any person in line at the closing
of the site to vote.
• Provides supervisors of elections flexibility in scheduling early voting by eliminating
requirement that all early voting sites in a county be open on the same days for the same amount of
time.
• Increases weekend early voting hours from 16 aggregate hours (under prior law) to a minimum of 18
and maximum of 36 hours of weekend early voting.
• Makes it an option to hold early voting for county elections not held in conjunction with federal
or state election.

 

 

 

 

 

 

 

 

 

 

 

 

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


40                  101.68

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Provides the process for canvassing absentee ballots which can begin as early as 7 a.m. on the 6th
day before the election

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


• Allows for earlier canvassing of absentee ballots beginning at 7
a.m. on the 15th day before the election.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

41                 IO I.6923                  Provides the content for absentee ballot instruction
for certain first-time mail-in registrants who are

 


DOJ Preclearance Submission for Elections Law, Chapter 2011-40, Laws of Florida

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May 19, vises the ballot instructions to include notice to tht voter that:           20ll

 

16

Case 8: 12-cv-01294-JDW-MAP  Document 22-7  Filed 07/27/12  Page 18 of 27 PagelD 288

 

 

 


atute/Law    Status ·oflaw ·. dorto. effective dlite of challoe . referred to as "MRG" voters in
Florida (Mail-in ReGistrants) pursuantto section 97.535, Florida Statutes. These are persons who
have been confirmed to have no Florida driver's license number, no state identification number or
social security number and are registering by mail and for the lst time inFlorida. They are
pennitted to register and vote if they provide a form of identification required by law for which
they produce with the registration form or before they vote. Exceptions to special IDrequirement
for persons subject Voting Accessibility for the Elderly and Handicapped Act, and the UnifoTITied
and Overseas Citizens Absentee Votin   Act.
Provides authority for a municipality to change the date for a municipal election. Requires a
14-day

 

 

 

 


• The absentee ballot will not count ifthe signature on the ballot certificate does not match the
signature on record (which is the current standard under section l01.68, Florida Statutes, for not
counting an absentee ballot), and
•    Signature updates for purposes of absentee or provisional  ballot canvassing, can be made up
until canvassing of absentee ballots starts (canvassing may start as early as 15 days before
election). Cf. Section 40 of chapter 2011-40, Laws of Florida.

 

 

 

• Removes requirement for 14-day qualifying period and allo;vs a

 

 

 


E!f. Date' .

 

 

 

 

 

 

 

 

May 19,

 

 

 

 

 

 

 

 

 

 

 

 

42                 101.75

 

 

 


43                 102.141

 

 

 


44                 102.168

 

 

 

 

 

 

 

 

 

 

 

 

qualifying period for municipal candidates (current law sets a 4-day qualifying period for county,
state and federal offices .
Provides the composition and duties of the county canvassing board including the responsibility to
submit to the Department of State preliminary election results by 11:59 p.m. on election night.

 

 

 

 

Provides a cause of action to contest an election in circuit court including identification
ofindispensable parties to the action, the grounds upon which a contest may be based, timeline for
filin , servinrr and

 

 

 

 

 

 

 

 

 

 

 

 

municipality to set by ordinance its own qualifying period for municipal offices.

Changes election night result reporting timeline as follows for the canvassing board and/or
supervisor of elections:
•  Report all early voting and tabulated absentee ballot results within 30 minutes after the polls
close.
•  Report all other precinct election results in 45-rninute periodic increments until all results
are completely submitted (excludes provisional ballot results).
•  Notify the Department of State if periodic updates canuot be done as required.
•  Submit results in a format prribed by the Department of State.

• Clarifies that the canvassing board responsible for canvassing the election is an indispensable
party defendant in county and local elections., and the Elections Canvassing Commission is an

 

 

 

 

 

 

 

 

 

 

 

 


2011

 

 

 


May 19,
20ll

 

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Predearance Submission for Elections Law, Chapter 2011-40, Laws of Florida                     
                                                                                                   
                17

' ')
Case 8:12-cv-01294-JDW-MAP    Document 22-7    Filed 07/27/12   Page 19 of 27 PagelD   89

 

 

 


•    Section ·.

 

 

 


tu1:eJLaw  ·

 

 

 

 

us of law prior to effective clate ofchan2e  .
responding to  mplaint; and setting of hing.

 

 

 

 

Provides the process for placing the names of candidates for President and Vice-President on the
general election ballot depending on whether they are associated with a major political party, a
minor

 

 

 

 


·  --·  iitdispensable party  in fdl, state, multicounty,  and judicial elections (with the
exception of county  court ele<;tions).
• Provides that in any contest requiring review of the canvassing board's decision on the legality
of an absentee ballot based upon a signature comparison, the crrcuit court may not review or
consider any evidence other than the signatures on the certificate and in the registration records.
The court's review of this issue is to detennine oniy if the canvassing board abused its discretion
in making its decision.
• Changes the defmition for "national party'; from a political party that is established and
admitted to the ballot in one other state to a political party that is registered with and
recognized as a qualified national committee of a political party by the Federal

 

 

 


<Eff; J)ite ··.

 

 

 

 

 

 

 

 

 

 

 

45                 103.021

 

 

 

 

 

46     !03.095

 

 

 

47                 103.101

 

 

 

 

 

 

 

 

 

 

 

political party affiliated or not affiliated with a national party, or without a political party
affiliation.

 


The substantive provision for creating or registering a minor political party is set forth in
definition only. creation of minor political parties is contained entirely in definition under
section 97.021 which states that a minor political party is a group with less than 5% of the total
number of registered voters in
·the state and has filed a certificate with the department of state that lists the names of the
current officers and members of the executive committee and includs a copy ofits constitution or
bylaws.


•   Sets the Presidential Primary Election (PPP) date as the last Tuesday in January in the year
for electing a president and vice-president. I

 

 

 

 

 

 

 

 

 

 

 

Election Commission.
(There are currently 71 minor political parties registered in Florida of which possibly 7 would
fall into the above category) http://election.dos. statefl.us/candida:te/parties.shtml
• h
• Creates new procedures for minor political parties to register in Florida (e.g., requires filing
of certifjcme showing name of organization, names and addresses of officers, completed uniform
statewide voter registration applications reflecting affiliation of officers with proposed minor
political party); procedures are retroactive for those groups currently registered as minor
political parties.
• Provides the Division rule-making authority for dissolution of political parties.
Cf. Section 2 of chapter 2011-40, Laws ofFlorida (revising definition for "minor political party")
• Eliminates the current date for the PPP and creates a l0-member PPP Date Selection Committee that
is directed to set a new PPP date every  four years to fall sometime between  the  first Tuesday in
January and fue first Tuesday  in March.

 

 

 

 

 

 

 

 

 

 

 

May 19,
2011

 

 

 

 


May 19, 20ll

 

 

 

May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


I
DOJ Predearance Submission for Elections Law, Cha pter 2-0ll-40, Laws of ,Florida                  
                                                                                                   
                    18

 

 

 

 

Section       ·statute/Law          Status ()flaw prior: to effective date.of change ·•·•          
      cllarige fo taw;::t .• :.. .   -·• '··- .  ..•   :·:. '  .   .

 

 

 


. , .,••••.• ./i; :·"c ::2/"X:; ••.            rr.:n.ite· ··

 

 

 


: .:.                     .
·-                                                                                                 
                                                                                                   
                                                      ·······-                                     
                                                                                                   
                                         '

 

 

 

 


•  Vests the Presidential Candidate Selection                • Specifies that the Committee shall
consist oe three persons Committee (consisting of the Secretary of State,          selected by the
Governor, no more than two of whom can be the Speaker of the Florida House of                      
     from the same political party; three persons selected by the Representatives, the Senate
Preside!Jt, and the             Speaker of the House of Representatives, no more than two of chair
of each political party required to have a            vihom can be from the same political party;
three persons presidential preference primary) as the body                selected by the President
of the Senate, no more than two of
responsible for designating the names of                          whom can be from the smne
political party; and the Secretary of candidates who wiH appear on the PPP ballot.                
State, who shall serve as the nonvoting chair. The Comm.ittee
must meet and select the date no later than October 1 of the year
•  Requites the state executive committee to                    preceding the PPP election.
designate the number of delegates and alternates

 

 

 

 

 

 

 

 

 

 

in accordance with procedures adopted by rule at least 120 days (4 months before the presidential
preference primary election.

 

 

 

 

 

 

 

 

 

 

• Eliminates the Presidential Candidate Selection Committee and provides a new process for how
presidential candidates will be selected and submitted to the Secretary of State for publication no
later than the Ist Tuesday after the lst Monday inNov¢mber of the year preceding the PPP.
• Requires the state executive committee to adopt rules for designating delegates and altemates 60
days (2 months) in lieu of 120 days before the presidential preference primary election..

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Provides that a county executive committee member may be removed for violation of an oath either by
at
48,49    103.141                     least a 2/3 majority vote of the committee members
or by the unilateral decision of the chair of the county executive committee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


• Eliminates the state executive committee chair's authority to         May 19, unilaterally remove
a member for violation of an oath.                  20ll

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provides a lst degree misdemeanor if an election                ._ Revises the criminal violation
to clarify that the election official      May 19,
50                  104.29                      official does not allow a maximum of three people
to            must allow as many as 3 people to view the reconciliation of           2011 publicly
view the tallying of ballots.                                         ballots after the polls
close. The penalty remains the same.
Provides the form of the candidate's oath forjudicial    • Revises thejudicial candidate oath form
to eliminate reference
races.                                                                                           to
a public employee oath and add references to support of the        May 19,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


51                  105.031

 

52                 106.011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

United States and Florida Constitutions.                                              20II Cf. s.
1.3, chapter 20 l I-40, Laws of Florida
i Provides the definitions for use in chapter 106,               • Clarifies that the definition
for "contribution" does not include       May 19, Florida Statutes, relating to campaign financing 
               editorial endorsements. fNote:Lelrislative drafting error omitted    20II

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DOJ Predearance Submission for Elections Law, Chapter 2011-40, Laws of Florida                     
                                                                                                   
                   19

Ca e 8: 12   61294.=J'Dw-IViAP  Document 22-7
''. >, ';;'' '··                                                            '"'                ., .
                      . ......
Filed 07/27/12   Page 21 of 27 PagelD 291

 

 

 


:section        Statute!Law         :status oflaw prior to effective date ofchan!!'.e     >     
.ehanite to faw . .      >           ····: .. ·...                                                 
  ' > ·.·· .       ..   .>•>   
including, but not limited to, for what constitutes a             a comma and the word "or'']
political committee, committees of continuous • Clarifies that the relevant time period for
determining whether existence, contributions, independent expenditures,      independent
expenditure conditions apply ina candidate's race etc.                                             
                                       is after the last day of the qualifying period for that
candidate,
rather than the default qualifying period for statewide or

 

 

 


             ate   ·..••

 

 

 

 

 

 


Provides circumstances in which an expenditure does not constitute an independent expenditure.

 

 

 

 

 

 

 

legislative office.
• Conforms the statutory cross-reference in the defmition for "unopposed candidate" to reflect a
subsection of law also renumbered by the new law.
• Revises the defmition of "candidate"to provide that expenditures related to potential candidate
polls are not contributions or expenditures for the purpose of the triggering a candidacy.

 

 

 

 

 

 

 

 

 

 

 


53                106.021

 

 

 

 

 

 

 

 

 

 

 

Provides the appointment process for campaign              • Eliminates the reporting requirement
to provide address of a         May 19, treasurers and deputies and setting up depositories.       
     person to whom a reimbursement was made.                                2011
Requires each political committee, committee of continuous existence or electioneering
communications organization to appoint a registered   • Requires the entity's registere<l agent's
statement of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

54                106.022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

agent and to file a statement of such appointment                   appointment to be filed with
the filing officer corresponding to

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May 19,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

with the Division of Elections.                                                  whom the entity
registered in the first place which may or may        2011
not have been the Division of Elections.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Sets forth the agent's duties for such committees or organizations.
Requires a candidate to submit a sworn or affirmed statement that the candidate "received," read,
and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

• Revises the statutory candidate's statement to reflect that the      May 19,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

55                  106.023                    understands the requirements of chapter 106, Florida
           candidate was "provided access m,'' read, and understands the         2011 Statutes.    
                                                                                requirements of
chapter 106, Florida Statutes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


56                 106.025

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Pr_ovides requirements for conducting campaign fund

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


• Exempts tickets and advertising for campaign fund raisers from

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


May 19,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


57                  106.03

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


nusers                                                                               political
advertisement and printed disclaimer requirements.           2011 Requires the registration of
political committees and      • Changes the threshold for registering as a political committee
electioneering communi<:ation organizations (ECO)              such that such person or entity no
longer has to register based          May 19,
upon certain contribution or expenditures thresholds.            solely on the anticipation of
rather than the "actual" receipt of         2011
contnbutions or expenditure in excess of $500 in a calendar

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Predearance Submission for Elections Law, Chapter 2011-40, Laws of Florida                     
                                                                                                   
            20


Case 8:12-cv-01294-JDW-MAP    Document 22-7     Filed 07/27/12   Page 22 of 27 PagelD 292

 

 

 


'Sectkin

 

 

 


,,.,

 

 

 


Statiite!Law           Status of law prior tO effectiVe date of change

 

 

 


.    Change to law ·
year.

 

 

 


...                        )

 

 

 


:  <    ..      ..•   .   ,,.
.

 

 

 


·J      .   EmDate ··

 

 

 


 

• Changes ECO registration requirements such that registration is no longer dependent upon the
amount of any contributions received by the entity, but is dependent solely upon its expenditures. 
ECOs must now register within:  (a) 24 hours of the date on which it makes expenditures for an
electioneering communication in excess of $5,000 if such expenditures occur within 30 days of a
primary or special primary election or 60 days before any other election; or (b) 24 hours after1he
30th day before a primary or special ptirnary election, or within 24 hours
after the 60th day before any other election, as applicable, if it
makes expenditures for an electioneering communication in excess of $5,000 before the "30/60 day"
election window.
Cf, also Section 60 of ch. 2011-40, Laws of Florida
Provides the requirements for committees of                   • Relocates an existing provision of
law in section 106.07(l)(d)L, continuous existence to report expenditures and               
Florida Statutes (requiring any committee of continuous contributions.                             
                                       existence [CCE] that contributes or expends funds to
influence a
special primary election and special election to fill a vacancy in office to file campaign
reports).
• Increases late-filing fines for reports immediately preceding primary and special election to
$500/day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for
the period covered by the late report.

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

May 19,

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 


58                Section 106.04                                                                   
                             • Adds that notice to the committee treasurer or registered agent     
  2011 that a late report is deemed sufficient when there is proof of
delivery to the address on record with the filing officer.
• Modifies 1he process by which the CCE treasurer may appeal a late filing fee fine within 20 days
after receipt of notice. The appeal must now be directly filed with the commission with a copy to
the filing officer who assessed 1hefme rather than just notifying the filing officer that the CCE
intends to appeal or dispute the matter before the Florida Ele.ctious Commission.
• Adds a new requirement for CCEs to report any change in

 

 

DOJ Preclearance Submission for Elections Law, Chapter 2011-40, Laws of Florida                    
                                                                                                   
       21


Case 8:12-cv-6'1294-JDW-MA•P   Document 22-7    Filed 07/27/12   Page 23 of 27 PagelD 293

 

 

 


Section

 

 

 


Statute/Law         Status of faw.prioJ:' to effective date of chanlie

 

 

 


·• Change tofaw··         .• >           J ••   •···                          .·   ···•···· .·.  
.::)'\\ ]{ ,          
information previously subitted- ithin 10 days after the change.
• Clarifies tliat if a CCE ceases to meet the criteria for certification, the certification will be
revoked.
• Specifies the depositories for fines assessed against CCEs.

 

 

 


rt.Date ·· .·.·

 

 

 

 

 

 

 

 

 

 

 

 

59                 106.07

 

 

 

 

 

60      106.0703

 

61                 106.0705

 

 

 

 

 

 

 


Requires periodic campaign finance reports by the candidate's or political committee's campaign
treasurer and sets forth periodic filing deadlines before and after the elections.

 

 

 

 

 

 


Provides the certification, reporting and filing requirements for electiOneering communications
organizations.


Provides for electronic filing of campaign treasurer's reports with the state.

Provides for limits on contributions.

 

 

 

 

 

 

 

 

• Provides that: (l) Notification to the campaign treasurer of incomplete candidate reports must
now be by certified (no
longer registered) mail or by any common carrier that provides a proof of delivery.  Notice is
deemed sufficient when there is proof of delivery to the address on record with the filing officer.
The treasurer has 7 days (formerly 3) after receipt of the notice to file an addendum to the
report.  (2) Treasurers must now
retain receipts for reimbursement of authorized expenditures. (3) Copies of credit card statements
are no longer required, but the report must reflect the transaction information for each credit
card purchase. (4)  Campaign depositories need no longer return all checks to the campaign
treasurer.  (5) Increased fines for late filed reports also apply to special primary and special
elections, not merely to primary and general elections.  (6) Notice of fines for late filed reports
by political committees can now also be served on the registered agent of the political committee
(in addition to the candidate or chair).
• Eliminates the 'retroactive' electronic reporting requirement for electioneering comniunications
organizations who engage in activities prior to registration.
Cf. 57 of ch. 2011-40, Laws of Florida
• Requires a former candidate to report electronically to the Division of Elections his or her
disposition of surplus funds via the electronic reporting system.
• Eliminates the exceptions for having to return contributions

 

 

 

 

 

 

 

 

 

 

 


May 19,
2011

 

 

 

 


May 19,
2011


May 19,
2011

May 19, ·

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

62                 106.08

 

 

DOJ Predearance Submission for Elections Law, Chapter 2011-40, Laws of Florida

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

received after a candidate withdraws or is defeated or becomes u             ' or is elected to
office. fNote: The chapter law fails

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

201 I

 

 

22

...... ,,·                                 ..
Case 8:12-cv-01294-JDW-MAP    Document 22-7     Filed 07/27/12   Page 24 of 27 PagelD 294

 

 

 


.&ction      Statute/Law   . . .      .Status of Iaw.prfor to effective date ofchange

 

 

 


. ..

 

 

 

.      .Change.t6 law

 

 

 

. ·:. :··..                         .  Erf.:DatK. •;  .·'..

 

 

 


···-                  ·····-

 

 

 


.·.·         ...    .

 

 

 

 

<::: ...             ....       .•    :              :

 

 

 

 

to remove cross-reference to paragraph (c) which was eliminated
in paragraph (b)]
• Changes the filing of the written acceptance of in-kind contributions by political parties from
always being filed with the Division. County executive committees now file with the applicable SOE.

 

 

 

 

 

 

 


63                 106.09

 

 

 

 

 

 

 


·-··
Provides for a $50 limit on cash or cashier check            • Clarifies that the $50 cap on
cash/cashier's check contributions      May 19, contribution.                                      
                                is an aggregated cap per candidate/committee             ion.      
      2011
Provides the parameters for expenditures by                  • Eliminates the requirement that a
candidate or political candidates and political committees.                                
committee include in its filing with the Division a list of all
authorized debit card users and the card's expiration date.

 

 

 

 

 

 

 

 

 

 

64                 106.11                                                                          
                                        • Adds that a candidate who makes a loan to the campaign
does        May 19, not have to wait until the campaign is over to be reimbursed;         20ll
instead, the candidate may be reimbursed by the campaign at any time the campaign has sufficient
fim.ds to repay the loan and satisfy its other obligations.

 

 

 

 

 

 

 

 

 

 

 

 


Provides how a candidate can dispose of surplus
funds after a campaign including donating funds to         • Removes the caps on the amount of
post-campaign surplus           May 19,
65     106.141                  the candidate's registered political party (a maximum         
funds that a candidate may give to the candidate's political            2011 of $5,000 to the party
or, in the case of a Florida                party.
senate candidate, no more than $30,000).
Provides the requirements for political disclaimers         • Creates a specific political
advertising disclaimer for write-in which apply regardless of whethet the candidate is           
candidates, which is essentially distinct from other partisan partisan, non-partisan, or a write-in
candidate.                  canqida:te disclaimers in that the.words "write-in candidate".
instead of the phrase "party affiliation" must follow the name of the write-in candidate.
• Specifies the disclaimer for political ads made as an in-kind          May 19,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

66                  106.143

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


contribution from a political party.                                                      2011
• Revises disclaimer for joint endorsement political advertisements.
• Provides that a political advertisement paid for by a candidate need not expressly indicate that
the ad was approved by the candidate.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Preclearance Submission for Elections Law, Chapter 2011-40, Laws of Florida                    
                                                                                                   
      23


Case 8:12-cv-01294-JDW-MAP    Document 22-7     Filed 07/27/12   Page 25 of 27 PagelD 295

 

 

 


• sedion            Statute/fat

 

 

 


tus of law orior io effective·Clateof chani!;e    ·.       .· 'Cbanie to'law, •· .. . .· .·.

 

 

 


··.·
·....•.·

 

 

 


.·.·

 

 

 


Eff Date

 

 

 

 

 

 

 

 

 

 


67                 106.1437

 

 


6S                  I06.I7

 


69                 106.19

 

 


70                 106.25

 

 

 

 

 

 

 

 

 

Provides parameters for miscellanoous advertisements (those intended to influence public policy or
the vote of a public official and those do not otherwise a political ad, independent expenditure,
or electioneering communication) which includes dearly designating the sponsor.
Allows candidate polls and surveys to be conducted.

 

 

 

Prohibits certain activities by candidates, political committees and those persons or entities
connected with campaigns that could subject the person or entity to civil and/or criminal
penalties.
Provides the authority of and the process for the Florida Elections Commission to investigate
complaints or violations of chapters 104 and 106, Florida Statutes.

 

 

 

 


• Provides that political advertisements paid for by a political party or affiliated party
committee may use names and abbreviations registered with the Department of State in the
disclaimer.
• States that a non-partisan candidate is prohibited from campaigning based on party affiliation.
• Adds that although a political ad for a nonpartisan candidate cannot refer to the candidate's
political party, it can refer to the candidate's  partisan-related  experience.

• States that an expenditure made for, or in furtherance of, a miscellaneous advertisement is
neither a contribution to or on behalf of a candidate and does not constitute an independent
expenditure.

• Authorizes political party committees to conduct political polls for the purpose of detennining
the viability of potential candidates.

• Allows the results of the poll to be shared with potential candidates and provides that
expenditures relating to such polls are not considered contributfrms to the potential candidates.
Expressly states that a candidate's failure to comply with the requirements of chapter 106, Florida
Statutes, does not affect whether the candidate has qualified for office.

• Provides a respondent 14 days to file a response to an initial complaint before the commission's
executive director may determine the legal sufficiency of the complaint
• Expressly prohibits the Commission from adopting by rule any determination of what constitutes
"willfulness" or defining the term "willful"
• Allows a respondent to enter into a consent order with the Commission without having to admit to
any violation of law

 

 

 

 

 

 

 

 

 

 

May 19,
2011

 

 

May 19,
2011

 


May 19,
20ll

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Predearance Submission for Elections Law, Chapter 2011-40, Laws of Florida                     
                                                                                                   
       24

.,_, ,,..< .. ,, -               ,,;,,.,,: .c "' -· "·'"'1r;\: .'."''''.,..
Case 8: 12-cv-01294-JOW-MAP
: , ,      .•:,:..   ,:,,.        ::: ,,;,,"'''"          : n•::::·:···         ,  '"''""'''''·'' "
.
Document 22-7     Filed 07/27/12   Page 26 of 27 PagelD 296

 

 

 

 

 

 

 

 


71                 106.26

 

 

72                 106-265

 

 

 

 

73                  106.29

 

 

 


Status oflaw   rfor'toeffectivedate'ofcha:n  e

 

 

 

Sets forth the Florida Elections Commissioners' powers

Authorizes the Florida Elections Commission to impose civil penalties for violations of chapters l
04 and 106, Florida Statutes.

 


Requires state and county executive committees of political parties to file regular reports of all
contributions and expenditures in accordance with the same filing deadlines as those imposed on
candioates.

Sets late filing fees and process for notifying the committee and for payment_

Provides for restrictions and expenditures on contributions and ex  enditures, and penalties.

 

 

 

 


within the commission'sjurisdiction_
• Clarifies that a person alleged to have committed a violation of chapter l04 or 106, Florida
Statutes has the right to a formal administrative hearing conducted by an administrative lawjudge
in the Division of Administrative Hearings.
• Authorizes the administrative law judge to impose civil penalties in a formal administrative
hearing.
• Adds that if the commission files a complaint against a witness who fails to respond to a
subpoena, the complaint must be filed in the circuit court where the witness resides_
• Authorizes administrative law judge to impose civil penalties when a case is referred to the
Division of Administrative Hearings_
• Clarifies that electioneering communications organizations are also subject to civil penalties.
• Clarifies that the fines asse.ssed go to the General Revenue Fund in lieu of the Election
Campaign Financ·   Trust Fund.
• Expressly excludes political parties from reporting contributions and expenditures that are
reported to the Federal Election Commission.
• Requires political party committees to file campaign tre.asurers' reports for any contnlmtions or
expenditures made to influence the results of a special election or preceding special primary
election held to fill a vacancy in office.
• Ad<ls that written notice to the chair of the committee of late filing is deemed complete upon
proof of delivery to the mailing or street address on record with the filing officer.

 

 

 

 

 

 

 

 

May 19,
2011

 

May 19,
20II

 

 

 

May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


10635                 Provides for the distribution of funds from the
Election Ounpaign Financing TruSt Fund.
I   Provides for definitions of terms used in Part III of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


• Eliminates superfluous requirements for printed copies of
cam  aim treasurer's re    rts that are alread   filed electronicallv.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

75      112312

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

chapter 112, Florida Statutes, relating to the Code of Ethics for Public Officers and Em lo ees.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

• Excludes from the definition of "Gift" contributions or expenditures that are reported pursuant
to federal law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May 19,
2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

76                 I123215                   Sets parameters for lobbying before the executive

 


DOJ Preclearan Submission for Elections Law, Chapter 2011-40, Laws of Florida

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

• Excludes from the definition of<'Ex enditure" contrib

 

 

25

:·,,.,;:,,,,,,.,,:•• •• :·' •                                             •   ,••,,,,.,, ..,. <·   
,                                              ,•• '.,:··. :'•x:xv.,.:,:··,.     , ·  :.-:.        
                    :..;:,.,,          '·-:.:;>.: : 'AC·:<···           ··· «">':;
Case 8: 12-cv-01294-JDW-MAP   Document 22-7    Filed 07/27/12   Page 27 of 27 PagelD 297

 

 

 


.· Statllte!L .·


77                 &76.05

 

 

 

 


branch or the Constitution Revision Commission. Provides the requisite oath to be completed by
current and new public employees.

Provides that a candidate who refuses to file the

 

 

 

 


expenditures that are reported.pursuant to federal law.
• Excludes the requirement for candidates for public office from having to execute the public
employee oath because they are not
blic em  loyees unless and until they are elected.
• Repeals this provision.

 

 

 

 

 

May 19,
2011

. May 19,

 

 

 

 

 

 

 

7&

.... I
79

 

 

 

 

 

 

 

876.07

 

 

 

 

 

 

 

public employee oafu does not qualify for public office imd the name cannot be placed on the ballot

 

 

 

 

 

 

 

Cf Section 77 of chapter 2011-40, Laws of Florida, amending s. 876JJ5, Florida Statutes.
• Provides a severabili ·  clause.

 

 

 

 

 

 

 

2011

 

 

 

 

 

 

 

 


&O                                                                                                 
                                            • Provides that the bill takes effect upon becoming law
(Signed by
Governor Scott on May 19,2011).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


DOJ Predearance Submission for Elections Law, Chapter 2011-40, Laws of Florida                     
                                                                                                   
                      26.


Case 8:12-cv-01294-JDW-MAP   Document 22-8    Filed 07/27/12   Page 1 of 2 PageID 298

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 2d


Case 8:12-cv-01294-JDW-MAP\ ; Document 22-8

Filed 07/27/12
,,Page 2 of 2 PagelD 299
.J.

 

U.S. Department of Justice
Civil Rights Division

 

 

 

 

TCH:RSB:RPL:ESS:TAL:tst DJ 166-012-3
2011-2187

 

 

 

 

Voting Seel/on - NWB
950 Pennsylvania Avenue. NW Washington, DC  20530

 

August 8, 2011

 

 

 

 

 

 

 

The Honorable Kurt S. Browning Secretary of State
500 South Bronough Street Tallahassee, Florida 32399-0250

Dear Secretary Browning:

This refers to Chapter 2011-40, Laws of Florida (CS/CS/HB 1355), which amends numerous provisions
of the Florida Election Code and other Florida Statutes, submitted to the Attorney General pursuant
to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973c. We received your submission on June
9, 2011; additional information was received through July 29, 2011.

Your July 29, 2011, letter withdraws Sections 4, 23, 26, and 39 of Chapter 2011-40 from Section 5
review.  Accordingly, no determination by the Attorney General is required concerning these
provisions.  Procedures for the Administration of Section 5 of the Voting Rights Act of 1965, 28
C.F.R. 51.25(a).  Your letter advises that the State of Florida has instead filed a declaratory
judgment action under Section 5 concerning Sections 4, 23, 26, and 39 of Chapter 2011-40 in the
District Court for the District of Columbia.

The Attorney General does not interpose any objection to the remaining changes contained in the
legislation.  However, we note that Section 5 expressly provides that the failure of the Attorney
General to object does not bar subsequent litigation to enjoin the enforcement of the changes.  28
C.F.R. 51.41.

Chapter 2011-40 includes provisions that are enabling in nature.  Therefore, any changes affecting
voting that are adopted pursuant to this legislation will be subject to Section 5 review. 28 C.F.R.
51.15.

incerely,


T. Christian Herren, Jr. Chief, Voting Section


Case 8:12-cv-01294-JDW-MAP   Document 22-9    Filed 07/27/12   Page 1 of 3 PageID 300

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 3

 

 

 

S1NV
Read more at nap!esmnMs.corn

 

Collier elections chief: Voter roll review already under way will continue
By JENNA BUZZACCO-FOERSTER

Thursday, June "7, 2012

NAPLES - Collier County's elections chief said Thursday her office won't halt its effort to
identify and purge noncitizens from voter registration rolls despite a request from the federal
government to Florida elections officials to do just that.

Collier Supervisor of Elections Jennifer Edwards said the staff already has sent out letters to 27
registered voters - 10 of which have been removed from the voter rolls - identified in the state
search, and now are just waiting to hear back about their status.

The decision to continue the process comes about a week after federal officials sent Florida
Secretary of State Ken Detzner a letter demanding the state end the search for noncitizen voters.
The request - made by T. Christian Herren, voting section chief for the Department of Justice -
claimed Florida's purge violates federal anti­ discrimination and voter registration laws.

Florida began looking for noncitizens on its voter rolls last year by comparing driver license
information to voter registration lists. An initial search showed that as many as 182,000
registered voters may not be citizens. State officials sent out an initial list of more than 2,600
names earlier this year and asked county election officials to verify the information and remove
ineligible voters.

But Herren in his letter wrote that the state's procedures to identify noncitizens hasn't been
reviewed to make sure it isn't discriminatory. Florida must secure approval for changes in voting
procedures because five counties - including Collier - still are covered by the Voting Rights Act
of 1965.

Edwards said state law outlines the procedure for maintaining registration records, and as such the
policy is in compliance.

"It's already been pre-cleared," she said.

Lee County elections officials couldn't be reached for comment Thursday.

_ The Associated Press contributed to this report.

 

 

 

http://www.naplesnews.com/news/2012/jun/07 /elections-supervisor-collier-voter-registrati...     
7/20/2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

http ://www.naplesnews.com/news/2012/jun/07 /elections-supervisor-collier-voter-registrati...     
7/20/2012


Case 8:12-cv-01294-JDW-MAP   Document 22-10    Filed 07/27/12   Page 1 of 3 PageID 303

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 4


-01294-JDW-MAP  Document 22-10   Filed 07/27/12  Pao 2 of 3 PagelD 304
.        U.S. Department of Jusbce                                  .
Civil Rights Division


Voting Section - NWB
950 Pennsylvania Ave, NW Washington, DC 20530

 

May 31, 2012

The Honorable Ken Detzner Florida Secretary of State Florida Department of State
R.A. Gray Building      · 500 South Bronough Street
Tallahassee, Florida  32399-0250 Dear Secretary Detzner:
This refers to certain new procedures that the State of Florida has recently implemented to attempt
to verify the eligibility ofregistered voters.  Specifically, we understand that the
. Florida Secretary of State is working in coordination with the Florida Department of Highway
Safety and Motor Vehicles ("DHSMV") to identify registered voters for possible removal from
the Florida Votr Registration System ("FVRS"). Based on recent news reports, public comments by
state and local officials, and our review of a Florida Department of State training
presentation, it appears tha:t Florida is seeking.(1) to verify voter registration records in FVRS
against databases maintained by DHSMV, as well as possibly other agencies, for purposes of
identifying potentially ineligible voters based on citizenship, and (2) to distribute the results
of this matching process to county supervisors of elections for further action, including possible
removal of registered voters from the voter rolls.  News reports and other information, including a
press release from your office, indicate thatthis procedure has been initiated and is ongoing.

The practice described above appears to be differentfrom the benchmark practice
.currently in force or effect in the five covered counties in Florida subject to the requirements
of
· Section 5 of the Voting Rights Act.  42 U.S.C. 1973c.

Our records do not reflect that these changes affecting voting have been submitted to the .
United States District Court for the District of Columbia for judicial review or to the Attorney
General for administrative review as required by Section 5 of the Voting Rights Act.  42 U.S.C.
1973c(a).  Accordingly, it is necessary that they either be brought before that court or submitted
to the Attorney General for a determination that they neither have the purpose nor will have the
effect of discriminating on account ofrace, color, or membership in a language minority group
'                                   '
under Section 5.  Changes that affect voting are legally unenforceable in the five covered  .
counties unless and until the·requisite determination under Section 5 has been obtained.  Clark v.
Roemer, 500 U.S. 646 (1991).  Should you desire to make an administrative submission of these
changes under Section 5, please refer to file number 2012-:3250 in your response so that it may  be
channeled correctly.

We also note that the State of Florida, as a whole, is subject to the requirements of the National
Voter Registration Act of 1993 ("NVRA"), 42 U.S.C. 1973g.g-1973gg-10.  Section 8

Case 8:12-cv-01294-JDW-MAP    Document 22-10    Filed 07/27/12   Page 3 of 3 PagelD 305


of the NVRA provides the standards for conducting list maintenance for voter registration lists
used for elections for federal office.  We have a shared interest in ensuring that the NVRA's goal
of maintaining accurate and current registration rolls for federal elections is met.  At the same
time, Section ·g of theNVRA reflects Congress's determination that list maintenance efforts must
also be conducted within an appropriate time period, and in a uniform and non-discriminatory      ·
manner.

In particular, Section 8(c)(2)(A) of the NVRA provides that "[a] State shall complete, not later
than 90 days prior to the date of a primary or general election for Federal office, any  program
the purpose of which is to systematically remove the names of ineligible voters. from the official
lists of eligible voters."  42 U.S.C.  1973gg-6(c)(2)(A).  Further, Section 8(b)(l) of the NVRA
provides that programs and activities aimed at "ensurit).g the maintenance of an accurate and
current voter registration roll" shall be "uniform, nondiscriminatory,  and in compliance with the
Voting Rights Act of 1965...." 42 U.S.C.  1973gg"-6(b)(l).  The practice described above appears to
be a program to systematically remove the names of potentially ineligible voters from the official
list of eligible·voters within the meaning of Section 8 of the NVRA, and does not appear to fall
within any of the exceptions allowed within the 90 day period before a federal election.  Because
Florida's primary election for federal office is August  14, 2012, that 90 day period began on May
16, 2012.  As a consequence, the practice appears to violate the NVRA.

To enable us to meet our responsibility to enforce federal law, please inform us by June 6 of the
action that the State of Florida plans to take concerning the matters discussed in this letter.
Specifically, please advise whether the State intends to cease the practice discussed above, so
that the Department can determine what further action, if any, is necessary.  Ifyou have any
questions, please call Voting Section attorney Elise Sandra Shore at 202-305-0070.   ·

 

 

1stian Herren, Jr. Cliief, Voting Section  .

 

cc:        Attorney General Pam Bondi Daniel Nordby, Esq.

 

 

 

 

 

2 ·


Case 8:12-cv-01294-JDW-MAP   Document 22-11    Filed 07/27/12   Page 1 of 28 PageID 306

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 5

 

 

 

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA  DIVISION

JOSE MORALES, on behalf of himself  and those similarly situated,

 

 

 

 

 

 

 


Plaintiff,
v.

KAREN HANDEL, in her official capacity as Georgia Secretary of State,

 

 

 

 

 

 

 


CIVIL CASE NO.
1:OSMCVM3172

ThreeMjudge court (SFB, JTC, WSD)

 

 

 

 

 

 

 

 

 

 

 

 


        Defendant.                                          

O R D E R

I. INTRODUCTION

"No right is more precious in a free country than that of having a voice in the election of those
who make the laws under which, as good citizens, we must live. Other rights, even the most basic,
are illusory if the right to vote is undermined." Wesberry v. Sanders, 376 U.S. 1, 17, 84 S. Ct.
526, 535 (1964).
Accordingly, "[e]very voter . . . , whether he votes for a candidate with little chance of winning
or for one with little chance of losing, has a right under the Constitution to have his vote fairly
counted, without its being distorted by fraudulently cast votes." Anderson v. United States, 417
U.S.
211, 227, 94 S. Ct. 2253, 2263-64 (1974). "The right to vote freely for the candidate of one's
choice is of the essence of a democratic society, and any restrictions  on that right  strike at
the heart of representative  government.

 

 

 

And the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's
vote just as effectively as by wholly prohibiting the free exercise of the franchise." Reynolds v.
Sims, 377 U.S. 533, 555, 84 S. Ct.
1362, 1378 (1964).

"Confidence in the integrity of our electoral processes is essential to the functioning of our
participatory democracy. Voter fraud drives honest citizens out of the democratic process and
breeds distrust of our government. Voters who fear their legitimate votes will be outweighed by
fraudulent ones will feel disenfranchised." Purcell v. Gonzalez, 549 U.S. 1, 3, 127 S. Ct. 5, 7
(2006).
"[T]he electoral system cannot inspire public confidence if no safeguards exist to deter or detect
fraud or to confirm the identity of voters." Crawford v.  Marion County Election Bd., 553 U.S.
-,128 S. Ct. 1610, 1620 (2008) (quotation marks and citation omitted) (noting that "public
confidence in the integrity of the electoral process has independent significance, because it
encourages citizen participation in the democratic process").
II. BACKGROUND

Plaintiff Jose Morales (alternatively "Plaintiff ' or "Morales") resides in Cherokee County,
Georgia and became a naturalized United States citizen in November 2007. He is a registered student
at Kennesaw State University.
Morales obtained his Georgia driver's license in 2006, prior to becoming a


2

 

 

 

U.S. citizen. In September 2008, he completed a voter registration application on campus.
Thereafter, Morales received a letter dated 19 September 2008 from the Cherokee County Elections
and Registration ("County Registrar") office.
Citing procedures set out in the Georgia Election Code, the letter informed Morales that he was
required to provide verification of his citizenship. On 26 September 2008, the County Registrar's
office sent Morales a second letter stating that he might not be qualified to vote because his
citizenship status was unclear.  Morales was advised in the letter that a hearing had been
scheduled for 15 October 2008 to determine his qualifications. At some time on 26 September 2008,
Morales appeared at the County Registrar's office where he presented his passport as evidence of
his United States citizenship. The passport was accepted as verification and the next day, 27
September 2008, the voter registration records were changed to indicate Morales was eligible and
registered to vote. A short time later, Morales received his voter registration card. On 10 October
2008, a letter was sent to Morales advising him that his 15 October 2008 hearing had been cancelled
and informing him "YOU WILL BE ALLOWED TO VOTE."
On 9 October 2008, after Morales had received his voter registration card but the day before the 10
October 2008 letter was sent confirming his

3

 

 

 

eligibility and registration to vote, Morales filed this lawsuit with the district court seeking a
temporary restraining order ("TR0")1 and preliminary injunction against Georgia's Secretary of
State, Karen Handel ("the Secretary").  Morales's claim for the TRO was based upon Section 5 of the
Voting Rights Act of 1965.2   Section 5 prohibits certain states with a specified history of voting
discrimination from enacting or administering a change in existing voting practice or procedure
without first receiving "preclearance" from the United States Department of Justice ("DOJ") or the
United States

1 Morales requested a temporary restraining order specifically directing the Georgia Secretary of
State to: (1) cease using any citizenship data derived from the Department of Driver Services'
database; (2) direct all county boards of elections to cease using any lists derived from that
citizenship data as the basis for voter challenges, correspondences, hearings, or removals; (3)
direct all county boards to immediately send letters rescinding previous correspondences based on
the database matching lists; (4) report any county that refuses to comply; and (5) rescind the
Secretary's prior 24 September
2008 memorandum  on absentee voter procedures. (Compl. ifif A-C.)
2 Morales also based his claim on alleged violations of the National Voter Registration Act
("NVRA"), 42 U.S.C. § 1973gg et seq.. As a three-judge court convened pursuant to Section 5, we are
only required to address claims under that section, though we could hear related claims as well.
See Allee v. Medrano, 416 U.S. 802, 812, 94 S. Ct. 2191, 2198 (1974) (noting that a three­ judge
court could hear claims ancillary to those for which a three-judge court was statutorily required,
even if those ancillary claims would not otherwise
be heard by such a court).  Although the court received evidence and heard argument on the NVRA
claim at the 22 October hearing, we exercise our discretion not to address that claim, which will
instead be decided by a single­ judge court.  See White v. Alabama, 851 F. Supp. 427, 429 (finding
it proper for a three-judge court to sever non-Section 5 claims for resolution by a single­ judge
court).

4

 

 

 

District Court for the District of Columbia.  See 42 U.S.C. § 1973c, as amended Qy Pub. L. 109-246,
120 Stat. 577 (2006).  The State of Georgia is subject to the requirements of Section 5.  See id.;
28 C.F.R. app. § 51.
Preclearance is necessary to ensure that a voting change "neither has the purpose nor will have the
effect of denying or abridging the right to vote on account of race or color." 42 U.S.C. § 1973c.
In this case, the "change" in voting practice or procedure alluded to concerns Georgia's attempt to
comply with the provisions of the Help America Vote Act ("HAVA")3, passed by Congress in 2002,
which requires the Secretary to maintain a statewide database of registered voters.4   One of the
two principal purposes of HAVA is to prevent voter fraud, and the Act requires that the Secretary
create a system to verify the information on voter
registration applications by matching the registration information against the State's Department
of Driver Services ("DDS") database and the Social Security Administration ("SSA") database. See 42
U.S.C. § 15483; Florida

3 HAVA recognizes the fundamental requirement of United States citizenship to vote in federal
elections by specifically providing, in the new mail-in ballot procedures, for the requirement that
mail-in ballots include the question: "Are you a citizen of the United States of America?" 42
U.S.C. § 15483(b)(4)(A)(i).

4 The Georgia Election Code provides that the Secretary of State is responsible for coordinating
the obligations of the State under HAVA.
O.C.G.A. § 21-2-50.

5

 

 

 

State Conf. of the NAACP v. Browning, 522 F.3d 1153, 1168 (11th Cir. 2008). When Morales's voter
registration information was matched with the information in the DDS and SSA databases, the match
results indicated that Morales might not be a citizen. Because he was "flagged" in the database,
the County Registrar sent him the 19 September 2008 letter requiring him to verify his
citizenship.5
On 16 October 2008 the Chief Judge of this court entered an order denying Plaintiff s requested
TRO. He found that no specific irreparable harm would occur before the three-judge court convened
to warrant entry of the requested TRO. In considering the harm to the Secretary should such a
TRO be granted, the court concluded that it was necessary to allow for further development of the
factual record.  The court also concluded that granting the requested TRO would effectively prevent
the Secretary and those acting in concert with her, specifically the 159 county registrars and
their companion election boards, from removing fraudulent or disqualified voters from the voting
lists.  Such inability was found to significantly injure and diminish the public's respect for, and
confidence in, the electoral process.  Also, the court,


5 It appears that Morales was flagged in the database because he did not become a citizen until
after he obtained his driver's license. Morales became a naturalized citizen on 7 November 2007. In
Georgia, an applicant for a driver's license indicates whether he is or is not a U.S. citizen.

6

 

 

 

in weighing the interests of the parties,  concluded that the Secretary's ability to maintain
reliable voter lists was paramount  to the temporary and minor inconvenience to those individuals
whose eligibility had been questioned on the grounds of citizenship.  Finally, the court opined
that the temporary relief sought by Plaintiff would likely lead to significant voter confusion.
This case involves a complex area of the law that is freighted with significance given its timing
and nature. As such, a clear understanding of the competing interests before us is in order. 
First, we sketch the contours of the current voting process in Georgia.
A.  Registration

Under both the Georgia Constitution and provisions within the Georgia election code, a person must
be a citizen of the United States to register and vote in Georgia. Ga. Const. art. II, § I, ,II;
O.C.G.A. §§ 21-2-216(a)(2), 21-2- 220(b). To register to vote in Georgia, a person must be at least
eighteen years old and a resident of the county in which he or she seeks to vote.
O.C.G.A. § 21-2-216. A "resident" of Georgia is defined under the state's motor vehicle code as
either a United States citizen or an alien with legal authorization from the U.S. government for
his or her residency. Id. § 40-5- 1(15). Only Georgia residents may obtain either a driver's
license or an identification card from the DDS. Id. §§ 40-5-20(a), 40-5-lOO(a).

7

 

 

 

A person can apply to register as an elector6 in person through the DDS, the Department of Natural
Resources, other designated offices or by mail-in voter registration application.  Id. § 21-2-220.
It is important to note that Georgia has no statutory framework within which same-day registration
and voting can take place. A person who applies to register to vote for the
first time in Georgia is not "registered" to vote at the time he or she submits a voter
registration application to one of the 159 county registrars. The person is only "registered" once
eligibility has been established. Georgia law
provides that a county board of registrars has the right and duty to examine the qualifications to
be an elector in the county. Id. § 21-2-228. The Georgia Election Code further provides that a
board of registrars may hold a hearing, upon three days written notice, to examine the
qualification or disqualification of applicants or electors and may require the production of
documents and subpoena witnesses.  Id. If a board of registrars determines that a person is not
qualified to register or remain registered to vote, the individual is provided written notice of
that decision and may appeal that decision to the Superior Court. Id. § 21-2-228(e, f).

 


6  The term "elector" under Georgia law means a person registered to vote.  Id. § 21-2-216(a).

8

 

 

 

B.  Voting

In Georgia, votes are cast using either a direct reporting electronic machine ("DRE machine") or a
paper ballot. Votes that are cast via the DRE machine are final, cannot be retrieved, and the vote
of a particular elector cannot be identified after the DRE vote is cast. There are three kinds of
paper ballots -"absentee ballots," "provisional ballots," and "challenged ballots." An absentee
ballot is mailed to a registered elector upon request.
The elector then votes the ballot, places it in an envelope, signs an oath printed on the envelope,
places that envelope inside another envelope and mails the whole package back to the registrar any
time before the day of the election. Id. § 21-2-385(a).
Provisional ballots look exactly like absentee ballots but are used for different purposes. Id. §
21-2-419(a). Provisional ballots are provided to individuals who present themselves at a polling
place on election day and claim to be registered electors, but whose names do not appear on the
official list of registered electors. Id. § 21-2-418(a). The provisional ballots, once voted, are
placed in colored envelopes to differentiate them from other types of paper ballots and then placed
in a separate, secure ballot box. Id. § 21-2- 419(a). A registrar has forty-eight hours after the
election to determine whether those casting the provisional ballots had, in fact, registered to
vote.

9

 

 

 

Id. § 21-2-419(c). There is no right to appeal the refusal to count provisional ballots.
Challenged ballots mirror absentee and provisional ballots in appearance. However, challenged
ballots are provided only to those individuals whose status as a registered elector is challenged
by either the registrar or another citizen.  Id. § 21-2-230.  Ifpracticable, registrars are
directed to clear up any challenges prior to election day. If an eligibility issue cannot be
resolved in that time, the challenged individuals are permitted to cast a "challenged" ballot. The
Georgia election code requires registrars to resolve all challenged ballots prior to the
certification of the election results. Id. Written notice is then provided to the challenged
elector indicating whether the challenge was successful. If the challenge is successful, the
elector may then appeal that decision to a Superior Court. Id. An appeal does not delay the
certification process. Id. §§ 21-2-229(e), 21-2-230.
III. LEGAL STANDARDS

A. Jurisdiction

At the hearing on 22 October 2008, the members of the court inquired of all parties as to whether,
in light of Morales having secured a voting card and the assurances of his registrar (and the
Secretary of State) that he would
be allowed to vote, there remained Article III standing. Essentially, the court 10

 

 

 

wondered aloud if the case were moot, given that the sole plaintiff in the controversy had achieved
complete relief. While the complaint seeks relief for those "similarly situated" to Morales, there
are no class allegations in this complaint and recognition of a class has not been pressed or
adjudicated. A review of the pertinent precedents reveals that our jurisdiction here is a thorny
issue not easily resolved.
Morales, based upon the voluntary action by his registrar, reinforced by in·court assurances from
the Secretary that he will be able to cast his vote, appears to have achieved the relief he sought
for himself when he filed this action. Clearly, at the time of the filing of this action the court
had Article III jurisdiction -that point is not at issue.  It is the subsequent, voluntary actions
by the Secretary and other election officials in response to Morales' efforts to establish his
eligibility that have occasioned a suggestion of mootness. However, it should be stressed that
Morales challenged, and held an individual right to do so, the lack of preclearance as to the
changes in the electoral process caused by Georgia's compliance with HAVA.
We conclude that this case, under the unique facts before us, satisfies an exception to the
mootness doctrine in that the injury complained of viz Section 5 constitutes a "wrong capable of
repetition, yet evading review."  Southern Pac. Terminal Co. v. ICC, 219 U.S. 498, 515, 31 S. Ct.
279, 283

11

 

 

 

(1911).  As long as Georgia's system for compiling the databases "remains and controls future
elections[,]" Moore v. Ogilvie, 394 U.S. 814, 816, 89 S. Ct.
1493, 1494 (1969), we think the exception as outlined by the Supreme Court in a range of cases
starting with Southern Pacific and running through Morse
v. Republican Party of Virginia, 517 U.S. 186, 116 S. Ct. 1186 (1996), applies.7

First, the injury at bar appears to be of a type likely to befall the plaintiff again.  If Morales
undertakes one of the actions that would cause his eligibility to be questioned by reference to the
databases at issue, there is a "reasonable expectation that . . .[he] would be subjected to the
same action again." Weinstein v. Bradford, 423 U.S. 147, 149, 96 S. Ct. 347, 348-49 (1975). Second,
the injury here is of inherently limited duration and is likely to always become moot before
federal court litigation is completed. Ogilvie, 394 U.S. at 816.
Our circuit also has addressed this well-established  exception to the mootness doctrine.  We have
held that "[t]his exception allows a court to reach the merits of a case which is otherwise moot if
(1) there is a reasonable expectation or a demonstrated probability  that the same controversy will


7 In Morse, the Court observed: "Like other cases challenging electoral practices, therefore, this
controversy is not moot because it is capable of repetition, yet evading review."  Morse v.
Republican Party of Va., 517 U.S. at 235 n.48,  116 S. Ct. at 1213 (quotation marks omitted)
(emphasis added).
12

 

 

 

recur involving the same complaining party, and (2) the challenged action was in its duration too
short to be fully litigated prior to its cessation or expiration." Brooks v. Georgia State Bd. of
Elections, 59 F.3d 1114, 1120
(11th Cir. 1995).

Here, given the strong public interest in maintaining confidence in the electoral process, the
voluntary nature of the actions undertaken to provide temporal relief to Morales in response to the
citizenship evidence he submitted, the ability of the Secretary or other election officials (i.e.,
the 159 county voter registrars in Georgia) to resume the process and procedures challenged, and
the press of time involved in the election cycle, the court is persuaded that the exception to the
mootness doctrine exists.  The Secretary also concedes Morales and a few thousand other voter
applicants were subject to the citizenship verification procedures he now challenges even though
Morales himself was cleared to vote.  Accordingly, we have proceeded to rule on this case within
the parameters  discussed below.
B. Voting Rights Act

Congress passed the Voting Rights Act in 1965 to end the practice of racial discrimination in
voting in various Southern states, including Georgia. See South Carolina v. Katzenbach, 383 U.S.
301, 315, 329-30, 86 S. Ct. 803, 812, 819 (1966). Section 5 of the Act assists in achieving this
goal by

13

 

 

 

"suspend[ing] new voting regulations pending scrutiny by federal authorities to determine whether
their use would violate the Fifteenth Amendment."  Id. at 334, 86 S. Ct. at 822. All changes in the
voting process of a covered state would have to be precleared by the Department of Justice in order
for that state to implement it, "so long as those changes reflect policy choices made by state or
local officials."  Young v. Fordice, 520 U.S. 273, 284, 117 S. Ct. 1228,
1235-36 (1997); see also Allen v. State Bd. of Elections, 393 U.S. 544, 566, 89

S. Ct. 817, 832 (1969) (noting that ''Congress intended to reach any state enactment which altered
the election law of a covered State in even a minor way").
The Supreme Court has separated cases involving preclearance issues into two categories
-"substantive discrimination" questions and "coverage" questions. Id. at 559, 89 S. Ct. at 828.
"Substantive discrimination" cases involve the issue of whether a change has the "purpose or
effect" of infringing on the right to vote based on race or color. Perkins v. Matthews, 400 U.S.
379, 384-85, 91 S. Ct. 431, 435 (1971). Only the Attorney General and the United States District
Court for the District of Columbia have the authority to make preclearance decisions in such cases.
See id. Accordingly, states making substantive changes to their voting procedures must either seek
a declaratory judgment from the District Court for the District of Columbia or

14

 

 

 

submit materials describing the change to the Attorney General.  See 42 U.S.C. § 1973c; Morris v.
Gressette, 432 U.S. 491, 502, 97 S. Ct. 2411, 2419
(1977).  The state would be permitted to implement the changes under the latter alternative if "it
has (i) filed a complete submission with the Attorney General, and (ii) received no objection from
that office within 60 days."8  Morris, 432 U.S. at 502, 97 S. Ct. at 2419.
"Coverage" questions, on the other hand, involve the preliminary question of "whether a particular 
state enactment is subject to the provisions of the Voting Rights Act, and therefore must be
submitted for approval before enforcement."  Allen, 393 U.S. at 558-59, 89 S. Ct. at 828.  A
private party, as well as the United  States, has standing to "seek a declaratory judgment  that
a new state enactment is governed by § 5,'' and, if "the State has failed to submit the covered
enactment for § 5 approval, the private party has standing to obtain an injunction  against further
enforcement, pending the State's submission of the [covered enactment] pursuant to § 5."  Id. at
555, 89 S. Ct.
at 826; see also 42 U.S.C. § 1973j(d), (f).  All such actions must be heard by three-judge district
courts, in accordance with the provisions of 28 U.S.C.

 

8 Under this standard, the Attorney General would not have to affirmatively approve the change,
rather he only must not have issued an objection to it. See Morris, 432 U.S. at 502, 97 S. Ct. at
2419.

15

 

 

 

§ 2284, the decisions of which would be immediately appealable to the Supreme Court. See 42 U.S.C.
§ 1973c(a).
The present dispute involves a coverage action brought against a state subject to the preclearance
requirements of Section 5. In addressing whether a Section 5 violation has occurred, we engage in a
three-step analysis. See Lopez v. Monterey County. Cal., 519 U.S. 9, 23, 117 S. Ct. 340, 349
(1996).
First, we must determine whether the state's enactment constitutes a change covered under Section
5. See id. Second, if the action does constitute a change, we then look at whether the state has
satisfied the requirements for Section 5 approval.  See id. Finally, if the approval requirements
have not been met, we then must determine "what temporary remedy, if any, is appropriate" until
such time as preclearance is obtained or the proposed change abandoned. Id.
In order to evaluate whether a practice constitutes a "change" under Section 5, we must compare it
to the "baseline" for that coverage jurisdiction. See Riley v. Kennedy, 553 U.S. -, 128 S. Ct.
1970, 1982 (2008). The "baseline" would be "the most recent practice that was both precleared and
in force or effect." Id. (quotation marks and citation omitted). After
determining this baseline, we then must look at "whether a State has enact[ed] or is seek[ing] to
administer a practice or procedure that is different

16

 

 

 

enough from the baseline to qualify as a change."  See id. (quotation marks and citation omitted).
C. Help America Vote Act of 2002

As previously noted, Congress passed the Help America Vote Act of 2002, 42 U.S.C. § 15301 et seq .,
as part of an effort to reform federal election administration.  See Browning, 522 F.3d at 1155.
Under RAVA, states are required to establish and maintain a centralized computerized voter
registration list that contains the name and registration information for every legally registered
voter in that state. See 42 U.S.C. § 15483(a). Each registered voter in the list must be assigned a
unique identification number.
See id. § 15483(a)(l)(A)(iii).

HAVA also imposes a series of voter verification requirements on states, thereby limiting their
ability to accept and process applications for voter registration.  When an individual fills out
such an application, she is
required to provide either her driver's license number or the last four digits of her Social
Security number. See id. § 15483(a)(5)(A)(i). If she does not have one, the state must assign her a
unique identifying number, which should be the same as the one used for her entry in the
computerized list. See id.
§ 15483(a)(5)(A)(ii).  For all new applicants, RAVA gives states the discretion to decide on the
appropriate standards for evaluating, in accordance with

17

 

 

 

state law, whether an applicant provided sufficient and valid information to meet the statute's
requirements.  See id. § 15483(a)(5)(A)(iii). As part of the voter verification process, HAVA
requires the chief state election official, here the Secretary, to enter into an agreement with the
official in charge of the state motor vehicle authority. See id. § 15483(a)(5)(B)(i). Under the
terms of such an agreement, information from the statewide voter registration system would be
matched with that contained in the motor vehicle authority's database, though only to the extent
needed to permit the assessment of the accuracy of the information contained on the registration
applications. See
id.  The motor vehicle authority must enter into a similar agreement with the Commissioner of
Social Security, which would cover those situations in which no driver's license number was
provided.  See id. §§ 405(r)(8), 15483(a)(5)(B)(ii).
Georgia only began to comply with the voter verification provisions of HAVA in March of 2007, when
the Secretary entered into an information- sharing agreement with the DDS.9    Under this
agreement, DDS verifies the

9 Until 2006, Georgia believed itself to be exempted from these requirements based on 42 U.S.C. §
15483(a)(5)(D), which exempts states which are permitted to request applicants to provide their
full nine-digit Social Security numbers.  A 2006 court order forbade the use of complete Social
Security numbers, in response to which Georgia agreed to follow the HAVA scheme pursuant to a
consent decree.  See Schwier v. Cox, 439 F.3d 1285 (11th Cir. 2006).

18

 

 

 

following fields from registration applications: driver's license number, last name, first name,
date of birth, last four digits of Social Security number, and citizenship status. DDS has also
entered into an agreement with the SSA, pursuant to which the SSA will verify the accuracy of the
following fields
from the applications: forename/surname, date of birth, last four digits of Social Security number,
and whether the individual is deceased.
As part of its compliance with HAVA's requirements, Georgia has created a voter registration
database, which contains the information from all applicants. All newly inputted information is
transmitted to the DDS every week night in order for DDS to conduct the HAVA verification process.
DDS sends this information on to the SSA. The next business day, the results of DDS and SSA
verification are available to county registrars, who can access the information either by looking
up an individual applicant in the database or by requesting a county-wide compilation report. Ifthe
data verification process could not verify that the applicant was a United States citizen, then the
registrar would be made aware of the discrepancy. This would occur either by "NON-CITIZEN" or "N"
being displayed in flashing red letters on  the screen when that applicant's registration entry is
displayed or by a

 

 

19

 

 

 

notation on the compilation report.10   If a registrar receives this information, the Secretary has
suggested, but cannot require, that the registrar treat the application in the manner prescribed
under Sections 21-2-226 and 21-2-228 of the Georgia Election Code for challenging the vote. In the
absence of clear guidance from the Secretary, registrars for the 159 counties in Georgia could
conceivably adopt a range of disparate methodologies for resolving these discrepancies. 11  At the
time of the 22 October hearing, these voter
verification processes had identified 50,378 applications with potential data mismatches in any of
the listed categories, 4538 of which involved questions of citizenship. 12

 

 

10 Based on the record and responses at the 22 October 2008 hearing, it appears that the registrars
would be similarly notified if any of the other fields could not be verified. However, questionable
citizenship is the only one that would produce a flashing red light on the computer screen.
11 Many registrars appear to have dispatched letters to potential ineligible voters, as occurred
with Morales. They could also have adopted other methods, such as calling those applicants,
visiting their reported addresses, or performing general research into birth records and so on.
12 The vast majority of these came from applications involving individuals trying to register for
the first time -3821 of the 4538 citizenship mismatches and 47,190 of the 50,378 total mismatches.
At the time of the hearing, Georgia had processed and submitted for verification more than 550,000
registration applications.

20

 

 

 

IV. DISCUSSION

The changes Georgia adopted as a result of HAVA must be compared against the Section 5 baseline in
order to determine if they constitute a

 

 

 

 

 

 


change that should have been precleared. According to the DOJ 13

 

 

 

 

 

 


the

 

 

 

 

 

 

 

 

appropriate baseline would be the system Georgia had in place at the time RAVA was adopted. At that
point in time, the state did not have an automated system for verifying registration applicant
information nor any standards for operating that system.  Given this baseline, there are at least
two features of Georgia's post HAVA system that constitute changes that require preclearance. One
is the comparison of information in the DDS and SSA databases that results in the identification of
applicants whose eligibility could not be verified. The other is the disparate methodologies
employed by registrars in attempting to evaluate, notify and qualify potential ineligible voters.
14  Though these could both be characterized as exercises of local discretion, permitted under
federal and state law, in response to the federal mandate of HAVA, this does not shield them from
review under Section 5.
See Young, 520 U.S. at 284, 117 S. Ct. at 1235-36 (noting that preclearance is


13 The DOJ requested to participate in this action as amicus curie and, by agreement of the parties
and the court, was permitted to do so.

14 The Court implies no ruling on whether the 159 local registrars must seek preclearance under
Section 5.

21

 

 

 

required, even when "the changes are made in an effort to comply with federal law"). The two
changes which were implemented by the State and its county registrars reflect policy choices
requiring preclearance under Section 5.
Accordingly, since Georgia has failed to preclear either of these changes, we find it to have
committed a technical violation of Section 5. Though the Secretary has not conceded that she should
have sought preclearance for these changes, we note that the State has filed for preclearance of
its new procedures in response to an 8 October 2008 letter from the Department of Justice as well
as the initiation of this suit. To date, the State appears to be cooperating fully with the
Attorney General and DOJ's requests in the preclearance evaluation.
V. REMEDY

This challenged automated voter verification process is a change affecting voting that is covered
by the preclearance requirements of Section 5. See Young, 520 U.S. 273, 117 S. Ct. 1228. The
Secretary has implemented this automated voter verification process without first obtaining
preclearance under Section 5 from the United States District Court for the District of Columbia or
the Attorney General of the United States.

 

22

 

 

 

The Secretary now has submitted to the Attorney General this automated voter verification process
for review under Section 5, and that submission  remains  pending.
Because the Secretary is currently implementing an unprecleared voting change covered by Section 5,
and because there is an imminent federal general election occurring on 4 November 2008, temporary
injunctive relief is required under Section 5, to remain in effect unless and until preclearance is
obtained by the Secretary. Accordingly, the court will grant the Plaintiff s request for a
preliminary injunction under Section 5, to the extent set forth below.
The Secretary and all persons acting in concert with the Secretary, including county election
officials, are hereby ENJOINED to undertake the following continuing actions that shall remain in
effect as a temporary remedy for the lack of preclearance, unless and until preclearance is
obtained under Section 5:
(1)  Consistent with state and federal law, to reasonably ensure that persons who have been
identified ("flagged") as potentially ineligible by the State's unprecleared automated voter
verification procedures, and who remain in that status at the time of voting, shall have the
opportunity to cast a ballot during early voting, absentee voting and election day voting for the

23

 

 

 

November election by existing paper ballot procedures established under state law, namely the
challenged ballot procedure (0.C.G.A. § 21-2-230). The Secretary has advised this court that these
persons have been entered into the state's voter registration database, will be entered onto the
state's electronic poll books and will have their flagged status noted, both in the
voter registration database that is used during early and absentee voting, and in the electronic
poll books used in polling place on election day. Timely
notice shall be provided to persons who cast challenged ballots pursuant to the provisions of this
paragraph of specifically what steps they must take to provide any needed proof of eligibility, and
when these steps must be taken, in order to have their challenged ballots counted under state law.
Consistent with state and federal law, these paper challenged ballots shall be set aside and
considered under existing state law procedures for evaluating and counting challenged ballots. The
Secretary hereby is required to issue before the 4 November 2008 election uniform guidance, in
writing, to all county registrars explaining the operation of existing challenged balloting
requirements of state law in this regard; and shall certify such notice to this court upon
completion;
(2) Consistent with federal law, to reasonably ensure that no voter is permanently deleted from the
voter registration list, and no voter registration

24

 

 

 

application is permanently denied, based upon information flowing from the unprecleared automated
voter verification process, unless the voter admits, in writing, to election officials his/her
present ineligibility. This is designed and intended to reasonably ensure that voter information
will remain on the voter registration list to be checked against challenged ballots cast by voters
in the November election;
(3) Make diligent and immediate efforts to notify, in a uniform manner, every person whose voter
registration presently remains flagged as
potentially ineligible under the unprecleared automated verification procedures, that they can vote
in the November election by challenged paper ballot and make diligent and immediate efforts to
notify every such person that information contained in the person's registration or Department of
Driver Services records, or both, has raised a question regarding the person's eligibility to vote,
and that they will be given an opportunity by the local registrar to address their qualifications. 
The persons filing challenged ballots shall be notified promptly, in writing, of what is necessary
to resolve the challenge (e.g., delivering a document demonstrating proof of citizenship to a
county voter registration office in person or by later-verified facsimile, or bringing such
document to those persons responsible for resolving challenged ballots within a certain specified
number of days after election day); and,

25

 

 

 

(4)  Consult with the Department of Justice to determine whether there are any additional actions
that can be taken prior to the November election to reasonably ensure that persons who are actually
eligible to vote, but whom  the State's unprecleared voter verification procedures have flagged as
potentially ineligible, are allowed to vote a ballot in the November election.
This temporary injunction addresses the Secretary's and the State of Georgia's compelling interest
in complying with Section 5's mandate to ensure that no eligible voter is denied the right to vote
for failure to comply with an unprecleared voting practice.  It also preserves the integrity of the
voting process by ascertaining the eligibility of the challenged voter to cast a
vote, thereby preventing the dilution of the votes of eligible voters. Moreover, this temporary
remedy addresses the Secretary's compelling interest in complying with HAVA so that no ineligible
voter casts a ballot that cannot be later adjudged eligible, since there will be an opportunity for
voters to provide additional information as to their eligibility before election day, on election
day or after the election, as well as an opportunity for election officials to review this
information and make a reasoned and informed determination on challenged ballots after the
election. This remedy is designed and intended to reasonably ensure that no eligible voter is
denied the right to cast a vote that can be counted later, and that no ineligible voter is allowed
to cast a ballot

26

 

 

 

 


that cannot be discounted later.  Such a remedy is intended to avoid irreparable harm to the
interests of both voter access and voter integrity, and to voters and the State.  In discharging
their respective obligations under the law and in complying with this order such intent should
inform and guide the actions of the Secretary and all those acting in concert with the Secretary,
particularly the local registrars and elections boards.  This is ''a remedy that in all the
circumstances of the case implements the mandate of § 5 in the
most equitable and practicable manner and with least offense to its provisions" as well as with the
least offense to the requirements of HAVA.  Clark v. Roemer, 500 U.S. 646, 660, 111S. Ct. 2096,
2105 (1991).
SO ORDERED, this  c:!/  day of October, 2008.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


BIRCH, JR.
UNITE   STATES CIRCUIT JUDGE ELEVENTH CIRCU   COURT OF APPEALS


JA     T. CAMP, CHIEF
UNITED STATES DIST   ICT JUDGE
FOR THE NORTHERN DISTRICT OF GEORGIA


WILL.             -   UNITED STATES DISTRICT JUDGE
FOR THE NORTHERN DISTRICT OF GEORGIA

27


Case 8:12-cv-01294-JDW-MAP   Document 22-12    Filed 07/27/12   Page 1 of 5 PageID 334

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 6


Case 8:12-cv-01294-JDW-MAP
(""\
\

Document 22-12    Filed 07/27/12   Page 2 of 5 PagelD 335
,,....,.
U.S. Department .,I'Justice

Civil Rights Division

 

 

 

 

 

JDR:GS:AHN:par
DJ 166-012-3
2001-1693

 

 

 

 

 

Voting Section  GSt,
950 Penn.rylvania Avenue, N. W. Waahtngton, DC 20530


December 17, ·2001

 

 

 

 

 

 

 

 


The Honorable Robert A. Butterworth Attorney General
State of Florida The Capitol
Tallahassee, Florida 32399-1050
Dear Mr. Attorney General:

This letter regards your submission under Section 5 of the Voting Rights Act of the "Florida
Election Reform Act of 2001." In our initial response to your submission, sent August 17, 2001, we
requested additional information on, among other provisions, those addressing use of provisional
ballots; posting of a voter's bill of rights; posting of voter responsibilities; and new voter
purging procedures. We received additional information most recently on October 16, which by
statute required our further response by the date of this letter.

As discussed below, the material the State has sent us in its initial submission and in response to
our letter of August 17 has been extremely helpful in clarifying the provisions of the Act, and it
has enabled us to now preclear the State's proposed procedures for provisional ballots (Sections
35, 36, 38, 41) and a Yoter bill of rights (Section 60). To round out our review, however, we renew
our August 17 request for technical information regarding proposed voter purge procedures (Sections
70-72).

I. Provisional Ballots

With respect to Sections 35, 36, 38, and 41 of the Reform Act, which establish an entitlement to
provisional ballots for voters whose eligibility cannot be readily determined and procedures for
canvassing provisional bllots, the Attorney General does. not interpose any objection to the
specified changes.

This determination is expressly based on your representations on behalf of the State that,
notwithstanding the availability of provisional ballots, poll workers will continue to first
attempt to


Case 8:12-cv-01 294-J DW-MAP Document 22-1 2
.
i
'

Filed 07/27/1 2 Page 3 of 5 PagelD 336

 

 

 

- 2 -

verify a person's eligibility and correct precinct assignment, and that if the poll worker can
determine that a person is in the wrong precinct, the poll worker will direct the person to the
correct precinct. See Letter, Oct. 15, 2001 at p.7 . Modification of these procedures (i.e., poll
workers ' failure to first try to verify precinct eligibility, at precinct, prior to distribution
of a provisional ballot) would constitute an unprecleared voting change.

II. Voter Bill of Rights

With respect to the portion of Section 60 of the Reform Act that amends Fla. Stat. § 101.031 to
require posting of a Voter 's Bill of Rights, the Attorney General does not interpose any
objection.

III. Statewide Database and Purge Procedures

With respect to Sections 70-72 of the Reform Act, which authorize the Department of State to
contract with the Florida Association of Court Clerks to design and maintain a statewide on­ line
voter registration database, and which create new voter purge procedures, we still need additional
information in order to make the comparison required by Section 5 of the Voting Rights Act between
the purge procedures implemented pursuant to Section B of the 1998 Anti-Voter Fraud Act and the
purge procedures mandated by Sections 70-72 of the Election Reform Act. Set forth below is
additional information necessary for us to complete our review of Sections 70-72, identified by the
number of the request in our August 17, 2001 letter.

5 (a) Please identify whether the statewide voter registration database/list created pursuant to §
98.0975 contained the names and voter registration status of all registered voters in the State of
Florida, or only those Florida residents identified as having lost their right to vote or whose
continuing eligibility to vote was questioned. In addition, please also provide the categories of
information provided in the database/list.

5 (b) Please identify with specificity the "other computer databases" that were utilized pursuant
to § 98.0975, and the "other relevant sources" available to the State pursuant to § 98.0977. If the
sources of information are not prescribed and/or limited by law, please indicate this for both
sections. Please also provide information for both sections regarding the role of elections
supervisors in identifying ineligible and potentially ineligible voters, specifically any mandatory
procedures to be followed.


Case 8:12-cv-01294-JDW-MAP    Document 22-12
I

Filed 07/27/12   Page 4 of 5 Page ID 337
, \

 

 

 


5 ( dl Please identify or describe for both sections the standard of proof required, and the nature
and degree of evidence necessary, for state officials and county supervisors of elections to
determine that a voter is potentially ineligible so that he or she was or will be identified as
such in the database for any of the specified reasons. For § 98.0977, please clarify the evidence
necessary to establish the "suggestion" of ineligibility denoted in
§ 98.0977 (3), and whether or not that language changes the procedure for identifying potentially
ineligible voters set forth in 98.075.

5 (e) Please identify or describe for both sections the standard of proof required, and the nature
and degree of evidence necessary, to make a final determination that a voter is ineligible for any
of the specified reasons . In other words, please clarify the quantity and type of evidence that a
voter would be required to produce to establish that he or she remains eligible against any of the
enumerated challenges. In addition, please complete your answer with regard to § 98.0977, which
appears to be incomplete.

5 (£) Please provide the procedures that will be required of supervisors of elections pertaining to
voters who fail to respond to the required mailing pursuant to § 98.0977, and specifically,
indicate whether supervisors must purge voters who fail to respond to the mailing, or wait for more
information. As the question sought a comparison of those practices required by county supervisors
of elections prior to purging voters pursuant to § 98.0975 and § 98.0977, please address whether
these practices and/or the discretion afforded to elections supervisor s under § 98.0977 have
changed from prior practice.

5 (g) Please identify the procedures that could have been utilized by a voter who wished to contest
his or her designation as a potentially ineligible voter with respect to § 98.0975, and please
complete your answer with respect to § 98.0977.

5 (j) Please complete your answer with respect to § 98.0977.

5 (kl For both § 98.0975 or § 98.0977, please provide the criteria that were or will be used by
state and county election officials to initially identify and/or confirm the identity of a
potentially ineligible voter (e.g., first and last name, sex, race, ethnic background, Social
Security number, date of birth, etc.), and whether the match for each criterion must be exact or
may be approximate.


Case 8:12-cv-.01294cJDW-MAP   Document 22-12    Filed 07/27/12   Page 5 of 5 PagelD 338
,  '•

 

 

 

- 4 -

The chart format in which you provided your initial responses to Request numbers S(a)-(k) was
particularly clear and helpful. If possible, please continue to use this form by adding the
remainder of the information ident,ified above into one revised chart.

Finally, note that if the State plans to issue implementing regulations for Section 70, those
regulations would be subject to Section 5 review. See 28 C.F.R. 51.15.

IE you have any questions concerning this letter, of if we can assist you in obtaining the
requested information, please contact Amy Nemko (202-514-3232), an attorney on our staff. Refer to
File No . 2001-1693 in any response to this letter so that your correspondence will be channeled
properly.

sincerely,


i
Chief, Voting Section


Case 8:12-cv-01294-JDW-MAP   Document 22-13    Filed 07/27/12   Page 1 of 10 PageID 339

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 7


' Case 8:12-cv-01294-JDW-MAP    Document 22-13    Filed 07/27/12   Page 2 of 1O PageID 340

ttv Q <\;       OFFICE OF THE ATTORNEY GENERAL
SECTIO 5 SUBMISSION
:.,                _:                                      THE CAPITOL               
No.o7a?/-/62_3 .

 

 

 

 

·

ROBERT A. BUTTERWORTH
Attorney General
State of Florida

 

 

 

 

TALLAHASSEE,  FLORIDA 32399-1050

 

 

 

 

fu
Office of the Attorney Generi.I State Programs
(850)414-3300; SunCom 994-3300

 

 

 

 

 

 

 


January 29, 2002
Mr. Joseph D. Rich
Acting Chief, Voting Section Civil Rights Division Department of Justice
Post Office Box 66128 Washington D. C. 20035-1693
RE: Submission Under Section 5 of the Voting Rights Act
Florida Election Reform Act of 200 l, Chapter 2001-40, Laws of Florida
File No. 2001-1693     Response to Letter of December 17, 2001                                     
     . i
Dear Mr. Rich:

This is in response to your letter of December 17, 2001 requesting additional information regarding
Sections 70-72 of Florida's Election Reform Act of 2001 pertaining to the statewide voter database
and purge procedures.

As in my previous correspondence, this response follows the numbering system set out in your
December 17 letter beginning with S(a) and concluding with S(k).

Before responding to the specific inquiries of your December 17, 2001, letter we believe it helpful
to summarize the purpose and effect of the voting changes which remain under Section 5 review.
These changes concern the manner by which state and local election officials will identify persons
who should be removed from the list of eligible voters because of death, a finding of mental
incapacity with respect to voting, or conviction of a felony (without the restoration of civil
rights). As you know, the statutory provisions which preclude voting by persons who have been found
to be mentally incompetent (and whose mental capacity with respect to voting has not been
restored), and by persons convicted of a felony (unless and until civil rights have been restored),
as well by those who have died are long-standing provisions of Florida Jaw and such voting
requirements are not themselves subject to Section 5 review.

The changes in law under review are designed to improve the process by which ineligible voters will
be identified. The new procedures address deficiencies of the prior law which placed too much
weight on the accuracy of state records, required no notice to, or input from, voters whose rights
were impacted, and placed a difficult standard on local election officials who might question the
accuracy of state records.· The new statute establishes that computer records might "suggest"
ineligibility, but such suggestion only begins an investigative process to determine if the voter
is, in fact, ineligible. Election officials now are required to notify voters of the suggestion of
ineligibility and afford the voter an opportunity to correct mistakes. A voter is not

 

AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER


Case 8:12-cv-01294-JDW-MAP    Document 22-13    Filed 07/27/12   Page 3 of 1O PageID 341'

 


Joseph D. Rich Page 2

removed, under the new law, unless the election official determines thit the voter is, in fact,
ineligible. Ifthat decision is made, the voter will again be notified.
The new law significantly enhances the rights of voters by promoting fair and accurate treatment.
As you are aware, some voters seeking to participate in the 2000 national election in Florida
alleged that when they appeared to vote they were told, for the first time, that they had been
removed from the list of eligible voters because of one of the above-described factors; and they
contended that such removal was an error. The new requirements of Florida law will minimize,· to a
very significant degree, the chances that such erroneous removals will occur in future elections.
The new law markedly enhances the legal protections of the right to vote.

·The voting changes under review are entitled to Section 5 preclearance since they do not have the
purpose, and will not have the effect, of denying or abridging the right to vote on account of
race, color or membership in a language minority group. Clearly the new methods for identifying
ineligible voters will not lead to a retrogression in the position of racial minorities with
respect to their effective exercise of the electoral franchise. Minority voting rights are advanced
by the change in Florida law.

We now turn to addressing the specific inquiries of you letter, which are answered in the order,
and with the references, of your letter.

5(a)

Section 98.0975 referenced the "central voter file"(CVC), and we assume that is what you are
describing as the "statewide voter registration databases/list." The central voter file was defmed
by section 98.097 as "a statewide, centrally maintained database containing the voter registration
information of all counties in this state." Thus,the central voter file was to include information
regarding all registered voters. We have attached a document which describes database structure and
its fields so that you can see the fields of information included. Exhibit A.
There are three main categories of information in the CVF:


Biographical and identification data -name, address, date of birth, race, gender, social security
number (an optional field),voter registration number (asprovided by the supervisor of elections),
precinct codes, single member district codes, and other identifying data as available from the
county
voter registration system, which is maintained by the county supervisor of elections.
. _ Voter history data -data, as available from the counties, reflecting voter history for state
election cycles. As previously noted, the voter history only reflects whether a voter cast a
ballot, not how a voter voted.
_ A record of those active voters contained within the biographical and identification data that
had been identified by Database Technologies, ·Inc. (contractor) aspossible ineligible voters. The
contractoridentifies these possible ineligible voters as outlined in the Requirements Document.
(Exhibit B).


·Case 8:12-cv-01294-JDW-MAP    Document 22-13    Filed 07/27/12   Page 4 of 1O PageID 342

 


Joseph D. Rich Page 3

5(b)

Inresponding to this question and the ones that follow we want to emphasize that a major purpose of
the change in law is to enhance the protection to citizens in evaluating whether they have lost
their eligibility to vote in a particular county. Both the old law and the new law used the term
"other computer databases" in describing the sources of relevant information. (Compare
98.0975(3)(a)(Florida Statutes 2000) with 98.0977(4)(Florida Statutes 2001.) The new law also says
that election officials may use "other relevant sources" in evaluating voter eligibility. •
(98.0977(3)(Florida Statutes 2001.) Neither the old law nor the new law limited the sources of
information. Sources that have been used include the following:

Criminal history data from the Florida Department of Law Enforcement. Records of voting rights
restoration from the Florida Office of Executive Clemency.
Records of deceased persons from the Florida Bureau of Vital Statistics. Data Base Teclmology's
Proprietary Data from:
Florida's Department of Motor Vehicles.
United States Social Security Administration Death File. Department of Corrections in Florida and
other states.

Again, however, these sources are not exhaustive. Ifan election official learns that avoter has
died, for example, the voter's name should be removed from the list of eligible voters.

You also seek information regarding the role of elections supervisors in identifying ineligible or
potentially ineligible voters. Under both the old and new laws elections supervisors are required
to implement list maintenance procedures and those procedures are described by statute. Compare
98.065 - 9S.0975 (Florida Statutes 2000) with 98.065 - 98.0977 (Florida Statutes 2001). The major
change is that the new law prov:ides more protection to voters to ensure that any removal is
proper.

Under the old law sent forth in 98.0975, state officials sent to county election officials a
listing of voters determined to be ineligible. County election supervisors were required to
"attempt to verify the information" but also were required to remove the names if "the supervisor
does not determine that the information provided by the division is incorrect." The double-negative
of this statutory language required an affirmative finding that a mistake had been made by state
officials. The presumption was that the list was correct. Virtually no procedural or substantive
protection was afforded to the affected voter.

Protection of the right to vote is enhanced significantly by the new law. Under 98.0977 the
information from databases listing deaths, criminal felony convictions, or incompetency are merely
the starting point for evaluating whether a particular voter should be removed :from the voter
list. That is why the statutes now say the data "suggests" that a particular voter should be
removed from the list. Under the new law, eachpotentially ineligible voter must be notified ofthe
possible removal and the voter is thereby given an opportunity to provide information indicating
that removal would be improper. There is no.longer a presumption favoring the accuracy of any
computer database. Actually, the presumption now favors the voter, since avoter is not removed
unless "the supervisor ofelections determines that the voter is not eligible to vote under the laws
of this state." Il1ese voter protections are described in 98.0977(3).


Case 8:12-cv-01294-JDW-MAP    Document 22-13    Filed 07/27/12   Page 5 of 1O PageID 343

 


Joseph D. Rich Page 4
5(d)

The preceding paragraphs describe the difference in the standards of the old and new laws. The old
Jawplaced greater reliance onthe accuracy of computer databases. The old law described no specific
steps that an election supervisor must take to verify information provided by the state officials;
thus "verification" might be satisfied merely by confirming that names provided by state officials
match names on the list of eligible voters. The new law describes specific procedures requiring
notice to voters and an opportunity to correct mistakes. In fact, the new law requires notice to
voters before any decision on removal, and a subsequent notice after any decision to remove the
voter from the list of eligible voters. Also, it is worth repeating that the old lawrequired
removal if "the supervisor does not determine that the information provided by the division is
incorrect" whereas the new law precludes removal unless the elections supervisor "determines that
the voter is not eligible to vote under the laws of this state."

Your Jetter indicates aneed for further explanation ofthe use ofthe word "suggests" inthe new law.
That word does not change the procedures from the old law for identifying potentially ineligible
voters, but the word clarifies that the appearance of a name on the list does not, by itself,
confirm ineligibility. Inother words, the presumption of ineligibility contained in the old law
isremoved by use ofthe word "suggests." The new safeguards of notice and inquiry form the basis for
the decision as to whether a particular voter should be removed from the list of eligible voters.
The final determination is made by the elections supervisor based on the totality of factual
information that is available including information from the voter.

The supervisors must also conduct general listmaintenance once everytwoyears pursuant to Section
98:065, Florida Statutes, for the purpose of protecting "the integrity of the electoral process by
ensuring themaintenance ofaccurate andcurrentvoter registration records".Section 98.075, Florida
Statutes, provides for further list maintenance activities including address confirmations

To determine that a voter is potentially ineligible to vote, a supervisor of elections must attempt
to verify the information provided on the CVF pertaining to deaths, felonies and mental
incapacitation. Ifthe supervisor detennines this information is correct the name of that voter must
be removed from the registration rolls, subject of course to the due process entitlements discussed
below.

At this time, the Division of Elections recognizes no "other relevant sources" sufficiently
reliable for use in the Statewide Voter Registration Database pursuant to Section 98.0977, Florida
Statutes. In the past, Database Technologies used other sources that the Division of Elections did
not deem sufficiently reliable and are not permitted for use pursuant to the current Section
98.0977, Florida Statutes.

Accordingly, the initial design of the database will . only compare Voter Biographical and
Identification Datatothe following three databases, although additional sources arepermitted should
the supervisors of elections deem them sufficiently reliable, as specifically prescribed in Section
98.0977(3), Florida Statutes:
Criminal history data from the Florida Department of Law Enforcement.


' Case 8:12-cv-01294-JDW-MAP    Document 22-13    Filed 07/27/12   Page 6 of 1O PageID 344

 

 

 

Joseph D. Rich
. Page 5

 

 

 

 


Records of voting rights restoration from the Florida Board of Executive Clemency.
Records of deceased persons from the Florida Office of Vital Statistics.

 

 

 

 

 

 


There isno reliable single source of data for those adjudicated mentally incompetent in Florida at
this time. To the extent that county supervisors of elections receive and are able to verify
information on such adjudication, the system will allow that data to be entered into the database.

The clerk of the court is required to provide a list to the supervisor of elections of each person
adjudicated mentally incapacitated with respect tovoting during thepreceding calendar month, which
·person was a resident of that supervisor's county pursuant to Section 98.093(2), Florida Statutes.
In addition, the clerk of court is required to provide the supervisor of elections with a list of
each person whose mental capacity has been restored with respect to voting.

Each supervisor compares voter registration information with information provided by the Florida
Department of Law Enforcement, the Board of Executive Clemency, Office of Vital Statistics and
other relevant sources as noted above. At that point, if the supervisor finds information
suggesting ineligibility to vote, the person shall be notified by certified United States mail.
Subsection (6) provides that the supervisors' duties are mandatory, violation of which shall result
in a misdemeanor for the supervisor ofelections. Section 98.0977, Florida Statutes, mandates all
other list maintenance activities as outlined above.

It should be noted that through the implementation of Section 98.0977, Florida Statutes, the burden
of proof is shifted from the voter to the supervisor of elections. The recent pre-clearance of
provisional ballots also allows a voter to cast a provisional ballot ifthere is any doubt as to
eligibility at the polls.

After comparing the data, if the supervisor of elections finds information that suggests that a
voter is ineligible to vote, the voter must be notified.  The supervisor bears the burden to
demonstrate ineligibility by the highest degree of proof consistent with the fact that the
fundamental right to vote is at stake.                                                             
                                             ·

5(e)

The old law did not require any notice to impacted voters. Thus, a voter may not have known that he
or she had been removed from the list of eligible voters until appearing at the poll to vote. The
new law corrects that deficiency by requiring notice and an opportunity for the voter to submit
information. Notice is again required if a decision is made to remove a voter. The type of
infonnation to be submitted by the voter under the new law will depend on the allegation suggesting
ineligibility. For example, a voter might respond that "I am not dead." Or a voter might deny that
he or she was ever convicted of a felony; or the voter might show that rights have been restored
after conviction. Legislation cannot anticipate every issue that may arise, and here the
legislature required fact-finding be the local election officials. There can be no contention that
it will be difficult for election officials to determine, with input from impacted voters, whether
a particular voter is dead, has been declared mentally incompetent orhas been convicted ofa felony
and has not had civil rights restored. Again, an affirmative finding of ineligibility must be made
before any removal occurs. Election supervisors who fail to perform these duties properly face
sanctions. Section 98.0977(6).


Case 8:12-cv-01294-JDW-MAP    Document 22-13    Filed 07/27/12   Page 7 of 1O PageID 345,

 


Joseph D. Rich Page 6
While there is no guidance in this statute as to the course of action a voter must follow to
contest an a detennination ofineligibility, Section 98.081(3), Florida Statutes, states that if a
voter's name has been erroneously removed, the supervisor shall restore that person's name upon
satisfactory proof which would involve virtually any conceivable demonstration of documented
eligibility.

After finding infonnation suggesting ineligibility, the supervisor of elections must send a notice
of this finding to the voter via certified United States mail. The notice must state the reason for
potential ineligibility and must request infonnation from the voter in order to make a final
determination on the voter's eligibility. After reviewing this additional information, if the
supervisor of elections determines the voter is eligible, the voter shall remain on the
registration books. If, after reviewing the additional information, the supervisor of elections
finds the voter is ineligible, the supervisor of elections must notify the voter, and state the
reason for ineligibility. At that point, the voter is removed from the rolls. This section requires
that this information be gathered before removal. As set out above, the burden of proofis on the
supervisor of elections to establish ineligibility.

The following is the completed answer found in the response dated October 15, 2001, on page 23:
"This is basically a reasonableness standard using supervisor of elections experience and 
expertise, infused with the recognition that at issue is the right to vote.

S(f)

The new law envisions that election supervisors will have the most accurate information available
to make the necessary determination. All state and local government entities are required to
facilitate provision of information. (See 98.0977(4)) Notice to voters is provided by certified
mail If a voter fails to contest the suggestion of removal indicated by state records the decision
must be made on the basis of other available information. Any final decision, however, is no longer
based on a presumption created by a record-keeping system, but rather is based on a fair evaluation
of all available infonnation relevant to the voter's continued eligibility. Ifthe decision is to
remove the voter, the voter again receives notice by certified mail. This new law significantly
enhances the protection afforded to voters as compared to prior Florida law.
S(g)

The old law did not limit the steps that a voter could take to contest the designation as a
"potentially ineligible voter." The voter had the option of proving to the elections supervisor
that the designation was wrong. The deficiency of the old law was that there was no requirement
that the voter even be notified that she was a "potentially ineligible voter." Thus, a voter may
not learn of the action until appearing to vote and learning that her name had been removed from
the list of eligible voters. Of course, even under the old law, the voter could -even after removal
-
seek to restore the name to the list of eligible voters pursuant to Section 98.081(3) or challenge
the removal pursuant to the Florida Administrative Procedure Act, and, if necessary, to circuit
court. The new Jaw addresses deficiencies of the old law by requiring notice and an opportunity to
be heard to each "potentially ineligible voter" prior to a decision to remove the voter from the
list of eligible voters.

Under the former statute, a voter who wished to contest his or her designation as a potentially
ineligible voter under Section 98.0975, Florida Statutes, would have had to refer to Section


'Case 8:12-cv-01294-JDW-MAP    Document 22-13    Filed 07/27/12   Page 8 of 1O PageID 346

 


Joseph D. Rich Page 7

98.081(3), Florida Statutes. This subsection states that if a voter's name has been erroneously
removed, 1he supervisor of elections shall restore that person's name upon satisfactory proof. In
addition, under existing Section 98.075, Florida Statues, if the supervisor of elections believes a
voter is not 18, not a United States citizen, is a fictitious person or has listed an address that
is not 1hat voter's legal residence, 1he voter is entitled to an administrative hearing 1hrough the
process. provided by Chapter 120, Florida Statutes, Florida's Administrative Procedure Act. At this
hearing, the supervisor would have to show the required basis for removal and, if the supervisor
made out a prima facie case, the voter would then be permitted to show why his or her name should
remain on the registration books. Finally, the voter may appeal this decision in a circuit court.

The following is the completed answer found in the response dated October 15, 2001, on page 23:
"There are basically tWo notifications. First, the owortunity to respond and show they are not the
same person. Second, if a voter provides satisfactory proof that his or her name has been
erroneously removed, the supervisor must restore that person's registration pursuant to Section
98.081(3), Florida Statutes."

5(j)

The following is the completed answer found in the response dated October 15, 2001, on page 24:
"Access is intended to be restricted to the supervisors of elections and certain Department of
State employees. This will be determined during the creation of the database."
S(k) 98.0975
For the CVF, pursuant to former Section 98.0975, Florida Statutes, the initial identification of
potentially ineligible voters was defined in the Requirements Document. (Exhibit B). Processing the
files was very involved. The first step was to standardize the way the name in each file was
parsed. This step was essential due to the wide variety of files and the lack of a consistent
method of data entry. All name suffixes were stripped from the lastname field and placed in a
separate suffix.field. The first name field was defined to contain any character .appearing before
the first space. The remaining data was assigned to the middle name field.

The second step was to look for matches in the files. The records were compared based on the last
name, first name the least common denominator of the middle name and the date of birth. Inusing the
least common denominator while matching the middle name, ablank field or a matching middle initial
was considered to be a match. Inother words, John Doe and John R. Doe were considered to be matches
for John Robert Doe, while John Michael Doe was not.

The third step was to run matches against social security numbers, where available. Ifa match was
found, 1henthose records were compared again by last name, first name and date of birth. At least
one of those fields had to match before the record was considered a hit. Ifthe social security
number was the only field that matched, that hit was discarded. The Division has found that social
security numbers are an excellent source for confirming identity after other factors have been
researched. However, social security numbers, as a source for establishing identity, are not as
reliable because


Case 8:12-cv-01294-JDW-MAP    Document 22-13    Filed 07/27/12   Page 9 of 1O PageID 347        •

 

Joseph D. Rich Page 8
social security numbers are frequently made up or the numbers are commonly interchanged.

The final step taken to establish felon matches was to compare the hits found against the clemency
data in the same manner as stated above. If a record of clemency was found, the match was not
reported to the supervisors of elections.
98.0977

Pursuant to Section 98.0977, Florida Statutes, forthe Statewide Voter'Registration Database matches
will be run in much the same manner. However, a ranking procedure will be implemented. This
procedure involves a mathematical algorithm as described in Exhibit C. Each match on a set of
predefined criteria that can be adjusted over time to provide for greater accuracy is also being
implemented. Under this approach, quality points are assigned to elements of matches based on
additional fields available in the data. A quality point level is selected, above which matches
will be worked and below which they will be discarded. Initially, the system will use avery high
quality point level. Over time, however, alower quality point level may prove accurate and, if so,
may be adopted.

The current draft of the proposed ranking algorithms is attached as Exhibit C. Please note that it
provides differing quality point levels for exact, as opposed to varying, levels of approximate
matches.

Under both systems, once a voter is identified as a potential ineligible, the supervisor of
elections in each county must make the final administrative determination. The Division will
provide the supervisors of elections with astandardized letter for voter contact requesting
additional information to aid in this determination. Evidence of missing or erroneous data would be
the most common item indicating that a voter was identified as potentially ineligible in error.

The statewide voter registration database is of a highly technical nature. As we learn more, the
database will be subject to modifications. This is a growing and technologically innovative process
that will be adjusted as experience and expertise dictates. The overriding purpose of this endeavor
is to develop and maintain the best and most reliable voter database.

The Division of Elections has approached the design and development of the Central Voter
Registration Database as a joint project in cooperation with the Florida State Association of
Supervisors of Elections (FSASE) and a great deal of input from the data source agencies and the
public. The FSASE seated two advisory boards, the Voter Registration Advisory Board composed of
Supervisors of Elections and the VR Technical Advisory Group composed of technical computer experts
from the county election offices.

Monthly public meetings of these participants' representatives of the data source agencies, and
other interested individuals began on September 5, 2001. They were tasked with both design and
implementation of the new system. These meetings are slated to. continue through the final
development and the operational, life of the system. Once the system is completed and operational
the Division of Elections will implement an ongoing performance review of the system. A key part
ofthe system design is the ability to monitor the frequency ofincorrect matches, thereby allowing
for the detection and correction of incorrect data; This process will result in an increase in
accuracy as experience warrants. The VR Advisory Board and the Department's Project Management,
Oversight and Budget groups will be responsible for monitoring the performance of the system
throughout the


Case 8:12-cv-01294-JDW-MAP    Document 22-13    Filed 07/27/12   Page 1O of 1O PageID 348

 


Joseph D. Rich Page 9
system's life.

Design documents and summaries of meetings are available on the Department's website at
http://election.dos.   state.fl.us/cvdb


We have attempted to respond to all of your questions fully and accurately, and we submit this
letter as our complete and final response to the remaining inquiries of your written request for
additional information. Inconclusion, we submit that it cannot be disputed that the new law is an
improvement over the prior law in advancing fairness to voters and better assuring that only
persons who are in fact ineligible will be removed from the list of eligible voters. The standard
for Section S preclearance is satisfied. Although the statutory time period for preclearance cannot
be tolled further, we remain willing to discuss factual issues with you

Ifyou require further information, please do not hesitate to contact George Waas of my office at
(850) 414-3662 or Amy K. Tuck with the Department of State, Division of Elections at (850) 245-
6208.

 

 


ROBERT A. BUTTERWORTH
ATTORNEY  GENERAL


Case 8:12-cv-01294-JDW-MAP   Document 22-14    Filed 07/27/12   Page 1 of 4 PageID 349

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 8


Case 8:12-cv-01294-JDW-MAP    Document 22-14    Filed 07/27/12   Page 2 of 4 Page ID 350
U.S. Department  of Justice

Civil Rights Division

 

 

 

 

 

JDR :GS :AHN :jdh DJ 166-012-3
2001-1693

 

 

 

 

 

Voting Section - NWB.
950 Pennsylvania Avenue,  N. V.
Washington, DC 20530

 

March 28, 2002

 

 

 

 

 

 

 

 


The Honorable Robert A. Butterworth Attorney General
State of Florida The Capitol
Tallahassee, Florida 32399-1050 Dear Mr. Attorney General:
This refers to your submission under Section 5  of the Voting Rights Act, 42 U.S.C. 1973, of the
"Florida Election Reform Act
of 2001."  In our previous responses to your submission, the Attorney General precleared all but
Sections 70, 71, and 72, which create a new statewide voter registration database and voter purge
procedures, authorize State funds to do so, and designate State voter registration information as
public record. In our initial response to your submission, sent August 17, 2001, we requested
additional information on these three sections, among other provisions.  We received additional
information from
you regarding Sections 70, 71, and 72 of the Act most recently on January 30, 2002.

The Attorney General does not interpose any objection to Sections 70, 71, and 72 of the Election
Reform Act. However, we note that the failure of the Attorney General to object does not bar
subsequent litigation to enjoin the enforcement of the changes.  See the Procedures for the
Administration of Section 5 (28 C.F.R. 51.14).

This determination is expressly based on the State' s entire Section 5 submission, including the
representations and clarifications in your January, 29, 2002, letter [hearafter "Jan.
29 letter"] regarding the State' s implementation of the aforementioned sections. The State
represented, for example:

- that there is no longer a presumption favoring the accuracy of any computer database and that the
presumption now favors the voter; Jan. 29 letter at 3;


Case 8: 12-cv-01 294-JDW-MAP   Document 22-14   Filed 07/27/1 2  Page 3 of 4 Page ID 351

 


-  2   -

- that the appearance of a voter' s name on the State' s list of potentially ineligible voters does
not, by itself, confirm that voter' s ineligibility; Jan. 29 letter at 4;

- that verification by county election officials may not be satisfied merely by confirming that
names of potentially ineligible voters provided by state officials match names on counties' lists
of registered voters; Jan. 29 letter at 4;

- that through implementation of Fla. Stat. §   98.0977, the burden of proof is shifted from the
voter to the supervisor of elections to establish ineligibility by the highest degree of proof
consistent with the fact that the fundamental right to vote is at stake; Jan. 29 letter at 5; and

- that if a voter fails to contest the suggestion of ineligibility indicated by state records, the
final decision is no longer based on a presumption created by the record­ keeping system but is
based on a fair evaluation of all available information relevant to the voter's continued
eligibility; Jan 29 letter at 6.

Modification of the implementing procedures set forth in your Jan. 29 letter would likely
constitute voting changes requiring preclearance under Section 5. Further, we understand that the
implementing procedures, like the Election Reform Act itself, will apply to the State of Florida as
a whole and not just the Section 5 covered counties, and that the State will inform county
supervisors of elections of the implementing procedures discussed in the January 29 letter as
summarized in this letter.

Finally, as we noted in our December 17, 2001, letter, Section 5 preclearance should be sought if
the State plans to issue implementing regulations or administrative procedures for Section 70. See
28 C.F.R. 51.15.


Case 8: 12-cv-01 294-JDW-MAP   Document 22-14   Filed 07/27/1 2  Page 4 of 4 Page ID 352

 


-  3  -

If you have any questions concerning this letter, please contact Amy Nemko (202-514-3232), an
attorney on our staff.
Refer to File No. 2001-1693 in any response to this letter so that your correspondence will be
channeled properly.


Sincerely,
,Jl tJ ,-Pil l
Jl/seph D. Rich Chief, Voting Section


Case 8:12-cv-01294-JDW-MAP   Document 22-15    Filed 07/27/12   Page 1 of 22 PageID 353

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 9


case 5. 1 2-CV -O 1 2g4-JO v v-lvlAP  LJOCUI IIE!i il 22- 1      Filed O'Ti2'Ti 1 2  I"age 2 of 22
l"agelB   4

 

 


C l \'ff.. " ·....,... •11·11 ('
, ·   . .          '· · ...1 ON
Zm/ {!!If "-.

 

 

 

 

'" ._.'··' · •'

 

 

 

 

,·_' /

 

 

 

 

i"·.": ' 11,' 56

 

 

 

 

 


TERRY GODDARD ATTORNEY GENERAL

 

 

 

 

 

Office of the Attorney General
State of Arizona

 

 

 

 

 

 

Direct Line (602) 542-7993

 

 

 

 

 

 

 


June 26, 2006

 

 

 

 

 

 

 

 

 

VIA OVERNIGHT DELIVERY
Mr, John Tanner Chief, Voting Section Civil Rights Division Room 7254, NWB
U.S. Department of Justice 1800 G Street, N,W, Washington, D.C. 20006

 

 

 

 

 

 

 

 

 

SECTION 5 SUBMISSION
NO.c tJaJ/c-y(ll/(

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Re:     Submission under Section 5 of the Voting Rights Act
Arizona Secretary of State Elections Instructions and Procedures Manual ("Procedures Manual"), June
2006 Updates    '
EXPEDITED PRECLEARANCE REQUESTED

Dear Mr. Tanner:

We make the following S\lbmission pursuant to Section 5 of the Voting Rights Act of 1965, as
amended. To have the updated Procedures Manual in effect in time for the primary election on
September 12, 2006, we request expedited review pursuant to 28 C.F.R. § 51.34. For your
convenience, the information is set forth below as prescribed by 28 C.F.R. 51.27.

A.        COPY OF ENACTMENT.

A copy of the Arizona Secretary of State's June 2006 Procedures Manual is attached as Exhibit A.   
                                                                        .

B.     COPY OF EXISTING PROCEDURES.

A copy of the current Procedures Manual is attached as Exhibit B.

C.       EXPLANATION OF CHANGES.

A "red-lined" version of the 2006 Procedures Manual is attached as Exhibit C. The "red-lined"
version indicates the changes between the current Procedures Manual and the Manual that is the
subject of this submission. The substantive changes, with reference to the page numbers as found in
Exhibit C, are as follows:


1275 West Washington, Phoenix, Arizona 85007-2926 • Phone 602.542.3333 • Fax 602.542.8308


Case 8:12 ev 01294 dD'v'v' l\llAP Deeuffie11t 22 16  Fileel 87i'27/1 2 Pa!je 3 sf 22 Pa§elD 3196


Mr. John Tanner June 26, 2006
Page 2 of 21

 

 

 

 


Pg. 29

Pg. 31


Pg. 35

Pg. 44


Pg. 45


Pg. 46

 


Pg.47

 


Pg. 48

 

 

 

Pg. 49-53

 

 

 


Pg. 53

 

 

 

 


Adds the TDD line.

Adds reference to "Sample Forms:  HAVA Administrative Complaint
Form."

Changes years and dates to. reflect relevant dates for 2006 and 2007.

Deletes the reference to A.R.S. § 16-901(23) because it does not apply in this area.

Adds a reference to A.R.S. § 16-901(23); changes the "10" to "9" because only 9 reports are now
required; adds a reference to A.R.S. § 16-913(K).

Adds the citation to and language of A.R.S. § 16-921, which was amended to permit an insurer
licensed in Arizona to make up to two written solicitations for political contributions from a
licensed insurance producer with whom the insurer has an exclusive contract.

Allows a political action committee to file a statement of organization prior to filing an
application for an official serial number for a petition.  If a request for a serial number is
later filed, the committee is required to file an amended statement of organization within five
days.

Adds a reference to A.R.S. § 16-917(A), which was amended to require political committees making
independent expenditures within ten days before the day of any election to send by certified mail a
copy of the literature and/or advertisement to each candidate named, or referred to, in the
literature and/or advertisement within 24 hours after submitting or mailing it.

Updates the filing schedule for campaign finance reports ("CFRs") for political committees, except
standing political committees, by removing the 2005 dates arid adding the relevant dates for the
2006 election cycle. Updates the filing schedule for CFRs for standing political committees. Also
updates the filing schedule by reflecting the fact that standing political committees are no longer
required to file a report covering the period beginning January 1 through May 31 (A.R.S. §
16-913(K)).

Adds language that statewide candidates must file their CFRs with the Secretary of State ("SOS"). 
Also adds language that the provision requiring statewide and legislative candidates to file their
CFRs with the SOS does not apply to candidates for federal office and that those reports are filed
with the Federal Election Commission.


Case 8:12-cv-01294-JDW-MAP-Docume-11! 22 15   Filed 0712711 2  Page 4 at 22 Pagein 356


Mr. John Tanner June 26, 2006
Page 3 of 21

 

 

 

 


Pg. 54

 

 

 

 

 


Pg. 57-58

 

Pg. 59

 

 


Pg. 60


Pg. 61-62

 

 

Pg. 63-64


Pg. 64

 

Pg. 65

 

 

 

 


Adds language that the SOS shall make available for public access copies of all reports filed with
the SOS's office through the office website.

Adds a reference to A.R.S. § 16-916.01, which permits county officers in charge of elections to
implement an electronic filing system for relevant documents under the campaign finance laws.  It
also permits the county officer to require written or printed copies of filings during the
implementation of the electronic filing systems.

Adds a new paragraph on "Additional Filing Methods." This paragraph reflects A.R.S. § 16-916(C),
which expands the methods for the delivery of CFRs.

Adds a new paragraph on "Political Party Candidates Filing of Nomination Papers." The new paragraph
sets forth the requirements of
A.R.S. § 16-31 l(A).

Adds to the list of circumstances under which a candidate may not run as a write-in candidate. 
Specifically, it provides that a candidate may not file for the general election if the candidate
filed a nomination petition for nomination other than by primary for the office sought and failed
to provide a sufficient number of valid petition signatures as prescribed in
A.R.S. § 16-341.

Adds a new paragraph on "Continued Representation" of political organizations on the official
ballot, pursuant to A.R.S. § 16-804.

Adds new section on Arizona's "Proof of Citizenship Requirement." The Department of Justice
precleared this requirement as part of Proposition 200, approved by Arizona's voters in the general
election of 2004. This section describes what constitutes "satisfactory evidence of United States
citizenship" when registering to vote.

Moves the section on "Statewide Voter Registration System" to pages 70 and 71.

Adds to the section on "Voter Registration Processing" the requirement that the voter registration
form be accompanied by evidence of U.S. citizenship pursuant to A.R.S. § 16-166(F).

Adds language pursuant to A.R.S. § 16-166(0) that registrants modifying their registration record
in the county in which they are currently registered need not provide proof of citizenship. 
Explains that voters registering in new counties do need to provide proof of citizenship.


ease 13. 12-cv-012!'!4-JD'\fll"-MAF'   EJocrn11e11t 22- 1 5   Filed 07'/27'/1 2  Faye 5 of 22
FagelD 357


Mr. John Tanner June 26, 2006
Page 4 of 21

 

 

 

 


Removes language regarding applicants who already have a unique identifying number assigned by the
SOS.

 

 

 

 

 

 

Pg. 66 .

 

 


Pg. 67-69

 

 

 

 

 

 

 

Pg. 70

 

 

 

 

Pg. 71-73

 

 

 

 

 

 

Adds language that the counties will determine what number to lise as the voter registration
identification number printed on a citizen's voter registration card. Also provides procedures for
when a driver's license or social security number provided by the applicant to establish U.S.
citizenship does not match state motor vehicle records or records of the social security
administration.

Adds language to clarify that the voter registration form, when accompanied by proof of
citizenship, must be accepted if the citizenship question is not answered. Changes the phrase "can
not" to "shall not" in explaining that the registration shall not be completed until the
citizenship question is answered yes as required by A.R.S. § 16-121.01 and 42 U.S.C.
§ 15483(b)(4)(B). Adds language that if the citizenship box is marked "no," the recorder shall send
a copy of the form to the registrant with a letter explaining that the registrant must be a U.S.
citizen.

Removes language indicating that the registrant establishes U.S. citizenship by answering "yes" to
the citizenship question. Outlines procedures for collecting and maintaining information provided
by registrants to establish citizenship. Also adds procedures for processing and verifying proof of
U.S. citizenship.

Removes language from the section on "Statewide Voter Registration System" (moved from page 63)
that the SOS "shall develop" a statewide database, and that the database "shall" include a unique
voter identifying number. Identifies by number the four major areas for comparison under the
statewide voter registration system. Under a subsection on motor vehicle records, adds language
that the voter registration form requires either a driver's license number of the last four digits
of the social security number. Adds that the counties "shall" process any discrepancies or updates
obtained from the MVD.

Identifies information for determining if duplicate records exist among counties, and adds
procedures for processing information regarding felonies obtained from juror questionnaires. Adds
new information regarding the restoration of rightS for convicted felons, and language that the
SOS's office "shall" compare all death notification records received from DHS.

Case ll. 12-cv -012§4-JEYv'v'-MA f"  Docome11l 22- 1 5   FHect-07/27/1 2  Faye e of 22 FagelD 358

Mr. John Tanner June 26, 2006
Page 5 of 21

 

 

 

 


Pg. 73-74

 

Pg. 75

 


Pg. 76

 

 

Pg. 77


Pg. 78

 

 

Pg. 79

 

 

Pg. 80


Pg. 80-82

 

 

Pg. 82

 

 

 

 


Adds section on "Voter Registration Record Status List." The section explains the circumstances
under which voter registration records are considered "active," "inactive," "canceled," "pending,"
or "rejected."

Changes "applicant" to "registrant."   Clarifies that registrations  generated through Arizona
State EZ Voter System include registrations done through the EZ Voter Internet Service or voter
registrations processed in a Motor Vehicle Division office and electronically transmitted to the
SOS.

Adds cite to A.R.S. § 16-152(B).

Under section entitled "Incomplete or Illegible Registration," provides that a new voter
registration must also include proof of U.S. citizenship, pursuant to A.R.S. § 16-166(F), and gives
cite to that statute.

Updates the relevant dates for 2006 and 2007. Adds cite to A.R.S. § 16- 135(B).

Removes footnote 2.

Adds a paragraph that explains that once a county cancels a voter registration, the record of the
voter shall be retained for five years on the voter registration database before it is moved to
alternative storage.

Removes reference to footnote 2.

Adds provision under "Mailing Requirements" that only official election mailings shall count toward
the first attempt under the NVRA in accordance with law.

Moves section on "Voter Registration Data Processing" to this part of Procedures Manual.

Moves section on "Auditable Formats Internet Transmission" to this part of Procedures Manual.
Removes the paragraph on "Identification," and rewords the paragraphs on "Encryption" and
"Auditability. " Changes language to state that when encrypting information for transmission, the
county "shall" choose no less than 128-bit strength.

Under section on "Voter Registration/Duplicate Match File Requirements," removes the requirement
that the counties electronically transmit a voter registration file to the SOS on a daily basis.
Instead, the counties are required to transmit such files that contain records that are new,
changed or deleted since the last submission.

Case 8: t2--    01294- 1 DllV  n A P   Doc11ment :n 15    Filed 0112111 2    Page 7 at ?? Page!D
359


Mr. John Tanner June 26, 2006
Page 6 of 21

 

 

 

 


Pg. 83-84


Pg. 84

 

 

 

 

 

Pg. 86

 

 

Pg. 87

 

Pg. 90

 

 


Pg. 91

 

 


Pg. 93

 

 

 

 


Removes "phone number" from the list of fields that are included in the voter registration file
transmitted to the SOS.

Under section on "Precinct Registers," adds: a requirement that counties run a full file right
before printing off signature rosters and precinct registers to ensure that the information at the
statewide level and what is printed on the signature rosters is synchronized; a requirement that
county recorders check the Systematic Alien Verification for Entitlements (SAVE) program database
at least 2 weeks before the election for any registrant who submitted a certificate of
naturalization and input the verified registrants prior to printing the rosters; and, a requirement
that if time does not permit, the county recorders print these in a supplement to the roster to be
distributed to each precinct immediately preceding the election or give the newly registered voter
a recorder's certificate.

Under section on "Voter Requests for Early Ballots," provides that elector, to make a complete and
correct request for an early ballot, can provide information other than date of birth and state or
county of birth "that if compared to the voter registration information on file would confirm the
identify of the elector."

Adds paragraphs on how to obtain information from protected voters on their participation in an
election year. Moves paragraphs pertaining to absent uniformed or overseas voters to section
starting on page 95.

Adds paragraph on "Use of Accessible Voting Device at On-Site Early Voting" to provide more
specific instructions.

Moves section on "Early Voting Sites" to this part of Procedures Manual. Also provides that
recorder may mark or post the 75-foot limit from the outside doorway.                              
                  ·

The paragraph on "Voter Assistance" is moved to the section on "Special Election Boards for Ill or
Disabled Voters," starting on page 93.

Adds requirement that county recorders provide clear instructions to early voters regarding the
appropriate marking device to be used to mark the ballot.

Adds a paragraph on how to deal with persons who wish to vote for presidential electors but who
have begun residence in another state after the 30th day immediately before an election in which
presidential electors are chosen. Adds section on "Special Election Boards for Ill or Disabled
Voters."


Case 8:12-cv-01294-JDW MAP   Document- 22 15    Filed G7/27/12   Page 8 of 22 PagelD 350


Mr. John Tanner June 26, 2006
Page 7 of 21


Pg. 94-95       Moves section entitled "Challenges to Early Voting Ballots" to this part of
Procedures Manual.

Pg. 95-105     Reorganizes section and changes name to "Military and Overseas Voters." Adds
definitions of "absent uniformed services voter" and "overseas voter." Adds sections on
"Qualifications for Voter Registration" and "Fax and Electronic Transmission." Rewrites section on
"Special Write-In
Early Ballots."

Under "Federal Write-In Early Ballots," provides that in circumstances set forth in the Manual, an
overseas voter may use a federal write-in early ballot if the voter applies for an early ballot by
7:00 p.m. on election day; this is changed from "30 days before the general election."  Also
provides for how to handle situations when a United States citizen who has never resided in the
United States wants both to register to vote and to vote.

Provides that a federal write-in early ball of an overseas voter shall not be coiinted if the
application for an early ballot is received by the county recorder or other officer incharge of
elections after 7:00 p.m. on election day, or an early ballot from the overseas voter is received
by 7:00 p.m. on election day.

Adds sections on "Emergency Procedures -UOCAVA Early Ballot Processing," and "UOCAVA Reporting."

Pg. 106-107   Under section on "Required Number and Type of Voting Systems, Including Devices, for
Primary and General Elections," removes references to 2004 elections.

Adds to list of requirements for voting systems used for elections with federal offices on the
ballot; specifically, adds requirement that the ballot shall "provide a paper document or ballot
that visually indicates the voter's selections."

Adds reference to A.R.S. § 16-446.

Pg. 108          Removes sentence "Cities and towns are exempt from A.R.S. § 16-447,"
.    and removes cite to A.R.S. § 16-442(B).
· Adds paragraphs on the requirements of A.R.S. § 16-442.0l(A) and (B). Moves discussion of A.R.S. 
§ 16-442.0l(C) to pg.  109.

Pg. 108-109   Under section on "Certification of Voting Machines," adds information regarding the
equipment certification process and software security.


... Gase--1       9ument 22 15 .   F7iled0712711 2   Page 9 of ?? PagelD 361


Mr. John Tanner June 26, 2006
Page 8 of 21


Adds paragraph on "Election and System Software Escrow Requirement" and on "Equipment Refresh
Policy."

Pg. 109-110     Moves section on "Filing of Computer Election Programs with Secretary of State" to
an earlier part of the Procedures Manual.

Pg. 111-112     Adds expanded section on "Election Management  System Security." Pg. 112-113    
Adds section on "Voting Equipment Security."
Pg. 113-114   Adds section on "Election Media Security."

Pg. 114-119     Mo.Jes section on "Logic and Accuracy Tests" to earlier in the Procedures Manual.

Pg. 114             Changes' language regarding logic and accuracy tests from "seven working days"
to "ten business  days."

Pg. 115          Expands on discussion of "Conduct of the Test."

Pg. 116            Provides that the results of each blank ballot test and a fully voted ballot
test be preserved with the official results of the election.

Pg. 117         Changes language from "tabulating equipment" to "voting equipment."

Removes language that the logic and accuracy test ballots and database be sealed in a container.

Pg. 118             Removes the phrase "tabulation machines, computers" from section on "Logic and
Accuracy Tests Performed by the Secretary of State."

Expands on explanation of "Scope of Test."

Under section on "Materials and Equipment Supplied by County," adds language that ballots or ballot
layouts for accessible voting equipment will be delivered to the secretary of state no later than
two weeks before early
· voting.

Pg. 119          Removes language "tabulation system" from section on "Materials and Equipment
Supplied by County."

Provides that all tests performed by the secretary of state will be conducted while the voting
equipment is in election mode. ·


Gase 8.12 cv 81294 JDW llllAF  Docu11,e1 1l 22•1 5  Filed 87/27/12  Page 18 of 22 P11gel D 362


Mr. John Tanner June 26, 2006
Page 9 of 21

 

 

 

 


Moves section on "Tabulation Back-Up Plan" to earlier in Procedures Manual.

 

 

 

 

 

 


Pg. 120

 

 


Pg. 121


Pg. 122

 

 

Pg. 123

 


Pg. 125

 

Pg. 126

 

 


Pg. 129

Pg. 131

 

 

 

 

 

 


Substitutes language "as determined on the voter registration cut off 29 days before any election"
with "after the registration cut-off date for the election."

Under section "Sample Ballots for Primary Elections," adds requirement that sample ballots "shall
include the list of acceptable form of identification for voters."

Adds requirement that each sample ballot clearly indicate in a conspicuous location that it is not
an official ballot.

Under section on "Sample Ballots for General Elections," adds requirement that sample ballots
"shall include the list of acceptable forms of identification for voters."

Adds requirement that each sample ballot clearly indicate in a conspicuous location that it is not
an official ballot.

Under section on "Sample Ballot" (for Presidential Preference Election), adds requirements that
sample ballots "shall include the list of acceptable forms of identification for voters," and that
each sample ballot clearly indicate in a conspicuous location that it is not an official ballot.

Under section on "Records Retention," adds statement that ballots and voting materials must be
retained six months for all non-federal elections and adds cite to A.R.S. § l 6-624(A).

Under primary election official ballot specifications, adds language that ballot specifications for
accessible voting devices shall follow the same format and rotation as those of a printed ballot.

Under general election official ballot specifications, adds language that ballot specifications for
accessible voting devices shall follow the same format and rotation as those of a printed ballot. 
.

Adds section on "Provisional Ballot Affidavit Specifications."

Clarifies that polling place changes are "precleared" by the Department of Justice.


Case 8:12-cv-01294-JDW-M 8£'      Q99um nt 22-15    Filed 07/27/12   Page 1 1 of 22 Page I D 363


Mr. John Tanner June 26, 2006
Page 10 of 21


Pg. 132-133    Under section "Instruction of Election Board Workers," adds the following to the
list of topics that shall be covered in election board worker training:
Procedures for proof of identification. Accessible voting equipment.

 

 

 

 

 

 

 

 

Combines provisional ballot processing at the polls with procedures for proof of identification at
the polls.

 

 

 

 

 

 

 

 

 

 

Pg. 134

 


Pg. 136

 

Pg. 137

 

 

 

Pg. 138

 

 


Pg. 139-140

 


Pg. 140-141
Pg. 142

 

 

 

 

 

 

 

 

 

 

Under section "Premium Board Worker Training," adds language that training sessions shall be taught
by personnel under the supervision of an individual who holds an election officer's certificate
issued by the SOS in accordance with A.R.S. § 16-407.

Adds new duty for judges to examine the numbers on the seals on the voting machines to make sure
they correspond to the numbers on the precinct election supplies inventory list.

Adds new duty for marshals to preserve order at the polls and permit no violation of the election
Jaws.

Moves "New Poll Worker Orientation" to here from page 138.

Changes section name from "Pre-Election Meeting" to "Pre-Election Responsibilities."

Makes "Building Access" a separate section.

Adds language to "Equipment and Furniture Arrangement" and changes "DRE" to "Accessible Voting 
System."

Adds language to "Voting Device Check" to provide more specificity.

Moves section on "Precinct Zero Rep01t" to pg. 140. Adds languag·e to section on "Setting Up the
Polling Place" to make directions more specific.  Adds language regarding tamper-resistant or
tamper evident seals.

Adds language to section on "Precinct Zero Report."
Under "Who May Vote," adds new first paragraph and removes rest of section.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pg. 143-144    Under "Early Ballot Drop Off," changes language of second paragraph.


Case 8:12"cv"01294 JGW-MAP   Document 22 16   Filed 07/27012   Pa9e 12 ef 22 Pa9el 9 8€1


Mr. John Tanner June 26, 2006
Page 11 of 21

 

 

 

 


Adds new section on "Ballot Box Overflow" to provide information to poll workers on how to resolve
issues that arise at the polling place on election day.

 

 

 

 

 

 

 

Pg. 144

 

Pg. 145

 


Pg. 147


Pg. 148

Pg. 149


Pg. 149-153


Pg. 153

Pg. 154


Pg. 154-162


Pg. 163

 

Pg. 164-170

 

 

 

 

 

 

 

Adds new section on "Access to Auxiliary Bin" to provide information to poll workers on how to
resolve issues that arise at the polling place on election day.

Moves "Complete Power Failure or Unit Failure/Ballot Emergency Bin" to here from page 141.

Removes section entitled "When Names Do Not Appear on the Signature Roster."

Removes "Voter Registration Data Processing" from here and moves it to page 80.
Deletes "Filing of Computer Election Programs with Secretary of State." Removes "Equipment
Diagnostic Testing" from here and moves it to page
111.

Removes entire section on "Logic and Accuracy Tests" from here and moves it to pages 114-119.

Removes "Tabulation Back-Up Plan" from here and moves it to page 119.

Under section on "Spoiled Ballots," adds language that the inspector or judge shall mark the
spoiled ballot in a manner to assure that it cannot be counted by any electronic voting system.

Adds section on "Procedure for Proof of Identification and Provisional Ballot Processing at the
Polls."1

Adds two more reasons why a voter may vote a provisional ballot; specifically, when the voter has
not provided sufficient identification at  the polling location, and when the voter is challenged
at the polling place.

Deletes section on "Procedure for Provisional Ballots" because it has been incorporated with
identification at the polls and is now in the section entitled "Procedure for Proof of
Identification and Provisional Ballot Processing at the Polls" starting at page 154.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


1 The Department ofJustice precleared the Secretary of State's "Procedure for Proofof!dentification
at the Polls" on October 7, 2005 (DOJ File #2005-2943).


Case 8:12-cv-01294-JO..V\t MAP   Document 22-15    Filed 07/27/12   Page-13-0!agel D 365


Mr. John Tanner June 26, 2006
Page 12 of 21


Pg. 171            Removes reference to A.R.S. § 16-513(A)(4).

Adds Department of Justice Observers to list of persons who can remain inside the 75-foot limit
while the polls are open.

Pg. 172             Adds new section on "Electioneering Outside the 75 Foot Limit." Pg. 173        
   Removes "Early Voting Sites" from here and moves it to page 90.
Pg. 173-179    Removes entire section on "Early Ballot Processing" from here and moves it to pages
189-193.

Pg. 183            Adds to instructions for transporting the memory pack; specifically, adds that
for accessible voting units with a paper receipt, the receipt will be placed in the container and
that at least 2 designated election officials representing voters of different political parties
shall deliver the container to the designated receiving site.

Under section "Certificate of Performance - Precinct Ballot Report," adds to the steps to be taken
after all voters have left the polling place.

Pg. 184             Under section "Final Closing of the Polling Place, adds to the list of steps to
be taken by the remaining election officials; specifically, they shall transport the voter
verifiable paper audit trail printout or canister to the designated receiving site.

Pg. 185          Under "Election Security Requirements," adds "polling place ballot security" to
list of basic security duties.

Pg. 185-186   Adds new section on "Polling Place Ballot Security."

Pg. 186            Provides that transportation of ballots may be monitored by political observers;
removes mandatory language.

Pg. 187-193   Moves "Early Ballot Processing" to this part of Procedures Manual from pages 173-178.

Pg. 197          · Under "Provisional Ballots," adds paragraph that provisional ballot envelopes
shall be visually distinguishable from other ballot envelopes and that the envelopes for
provisional and conditional provisional ballots may be printed on color paper, may bear bar codes
that do not identify the voter or may use other methods to visually distinguish those types of
ballot envelopes.


Case 8:12-cv-01- 294 JBVV-MAP  DoeuJT1ent    15- -- Filed 07/2'i'/1 2  Pa!!Je 14 ef 22 Pa!!Jel
61i99


Mr. John Tanner June 26, 2006
Page 13 of 21

 

 

 

 


Provides that provisional ballots be kept separate from conditional provisional ballots.

 

 

 

 

 

 


Pg. 199

 

. Pg. 203

 

 

Pg. 206

 

 


Pg. 207

Pg. 208

 

 

 

 

 

 


Pg. 210

Pg. 211

Pg. 212

 

 

 

 

 

 


Removes language that "If a voter has marked his/her sample ballot/full text of issues instead of
the optical scan ballot, the sample ballot is sent to the duplication board."                      
             ·

Under "Provisional Ballot Processing at Central Count," adds new paragraph that conditional
provisional ballots shall be clearly distinguishable and kept separate from all other provisional
ballots and that they shall not be processed until the voter has produced sufficient identification
to the county recorder.

Moves "Verification of Provisional Ballots" to this part of Procedures Manual.

Adds to list ofreasons why a ballot shall remain unopened and shall not be counted; specifically,
the ballot shall not be counted if the voter has not produced sufficient identification.

Adds new section entitled "Rejection Reason Code."

Under "Audit Board Instructions," adds that optical scan arid accessible voting device
tapes/printouts and a copy of the downloaded precinct results, in addition to all board logs, shall
be delivered to an audit board upon the completion of each board's function.

Adds to the list of duties of the audit board; specifically, adds that the
audit board: receives the optical scan and accessible voting device precinct paper tape; receives a
copy of the transmitted precinct results from the election management system; verifies that the
count from the optical scan and accessible voting device precinct paper tapes is the same as the
count from the transmitted precinct results on the election management system; and produces a
written record that the correct amounts for each candidate and issue were transmitted from the
polling place to the elections management  system.

Deletes section entitled "Multiprogramming and Network Environments." Moves "Election Reporting" to
here from page 234.
Changes title to "Storage of Ballots and Reports." States that the ballots shall be delivered to
the county treasurer for secure storage, but removes requirement that they be stored in the
treasurer's vault.


Case 8:12-cv-01294 JE>W-MAP   Document 22-15    Fileel 07/27/12   Pae 16 ef 22 Pa!jel 9 ee7

Mr. John Tanner June 26, 2006
Page 14 of 21


Pg. 214             Under section on "Primary and General Elections," adds requirement that the
Board of Supervisors shall, within 10 days after the primary election, deliver the canvass to the
secretary of state.

Pg. 214-215   Adds new section on "Additional Reporting."

Pg. 218             Under section "Determining Whether Recount is Required," changes language to
state that a recount is required when the margin of votes for a particular office is less than or
equal to the lesser of 10 votes in an office to be filled by the electors of a city or town or a
county or subdivision of a city, town or county.

Pg. 219             Under "Method of Recount," provides that ballots shall be recounted on an
electronic voting system programmed under the supervision of, and not
by, the SOS.                                         ·

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provides that if the election for office of the SOS is contested, the electronic voting system
shall be furnished and programmed under the supervision, and not at the direction, of the governor.

Adds cite to A.R.S. § 16-664.

Under section on "Registration and Voting Information," adds paragraph on Accessible Voting Device
for use by voters with disabilities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pg. 220

 

Pg. 221

 

Pg. 222

 


Pg. 223

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Removes paragraph that beginning on January 1, 2006, the board of supervisors shall provide at each
polling place at least one device that complies with HAVA.

Under section entitled "Accessibility," adds paragraph that requires counties to submit the results
of their inspections to the SOS at the same time they certify their election results.

Under "Walkways and Pathways to Building," adds requirement for accessible walks that they must be
free of any objects with bottom edges that are higher than 27 inches but less than 80 inches above
the walkway and that extend more than four inches into the walkway.

Under "Corridors and Passageways," adds requirement that they be free of any objects with bottom
edges that are higher than 27 inches but less than 80 inches above the walkway and that extend more
than four inches into the walkway.

Adds new language on "Stairs."


Case 8:12-cv-01294-JDW-MAP-  De.cument 22-15  Filed 01 12111 2  Page 16 of 22 Page IP 3 68


Mr. John Tanner June 26, 2006
Page 15 of 21

 

 

 

 


Pg. 224

 


Pg. 227

 

 


Pg. 228

Pg. 230

Pg. 232

 


Pg. 234

Pg. 234-236


Pg. 236-237


Pg. 238-269

Pg. 270

Pg. 271-280

Pg. 281-288

Pg. 289-300

 

 

 

 


Removes paragraph that beginning on January  !,2006, the board of supervisors shall provide at each
polling place at least one direct recording electronic system for voters with disabilities for each
polling place that is certified for use by voters with disabilities.

Under "Terminology," adds definition for "Absent Uniformed Services Voter."

Modifies definition for "Accessible Voting System." Modifies definition for "Ballot."
Adds definition for "Conditional Provisional Ballot." Adds definition for "Overseas Voter."
Under definition of "Vote," modifies language under "For Accessible Voting Systems," and adds
language to "For AutoMark Voting."

Adds definition for "Voting Device."

Moves "Election Reporting" from here to page 211.

Moves "Auditable Formats Internet Transmission" from here to pages 80- 82.

Moves "Voter Registration/Duplicate Match Information" from here to pages 82-84.

Under "Schedule of Events," changes dates for 2006 election. Adds "Equipment  Certification
Procedures."
Adds new procedure for "Arizona Voting Equipment Certification."2
Adds new procedure for "Arizona Voting Equipment Decertification."3

Adds new procedure for "Arizona Voting Equipment Emergency Conditional Certification. "4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


2 The Department of Justice precleared this procedure on March 2, 2006 (DOJ File #2006-0514).
3 Please see footnote 2.
4 Please see footnote 2.


Case 8:12-cv-01294-JDW-M.A.P   Cocl1ment 22-15    Filed 07127112   Page  17 of 22 Page IP 369


Mr. John Tanner June 26, 2006
Page 16 of 21


Pg. 301-302     Reorganizes and adds to "Sample Fonns."  Specifically, the following Sample Fonns
were added:

 

 

 

 

 

 


Under "Voter Registration," the National Voter Registration Fann was added.

Under "Military and Overseas Voters," the Federal Post Card Application and the Federal Write-In
Absentee Ballot were added.

Under "Unifonn Correspondence," all of the fonns listed were added. Under "Early Voting,"
Accessible Voting Device Affidavit was added.
Under "Polling Place," Identification at the Polls Requirements for Voters was added.

Under "Additional Reporting Fonns," all of the fonns listed were added.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pg. 309

Pg. 310

Pg. 311

Pg. 314

Pg. 315

Pg. 316

Pg. 317

Pg. 318

Pg. 319

Pg. 320


Pg. 321

Pg. 322

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provides sample of the National Voter Registration Fann. Provides sample of the Federal Post Card
Application.
Provides sample of the Federal Write-In Absentee Ballot.

Provides sample of 2"d Notice That Citizenship Documentation Needed. Provides sample of AZ DLN
Number Did Not Match at MVD.
Provides sample of Citizenship Proof needed. Provides  sample of Jury Questionnaire -Felon.
Provides sample of Jury Questionnaire -Citizenship. Provides sample of Felony Convktion.
Provides sample of County Recorder Naturalization Ceremony Certification.

Provides sample of Recorder's Certificate.

Adds line at bottom of document to which candidate must sign his/her name that he/she has read all
applicable laws relating to campaign financing and reporting.


Case 8:12-cv-01294-JDW-MAP---OGGllment 22-15   Filed ozqz112   Page 18 of 22 Page ID 3zo


Mr. John Tanner JW1e 26, 2006
Page 17 of 21


Pg. 323            Adds line at bottom of document to which candidate must sign his/her name, that
he/she has read all applicable laws relating to campaign financing and reporting.

Pg. 324            Adds line at bottom of document to which candidate must sign his/her name that
he/she has read all applicable laws relating to campaign financing and reporting.

Pg. 325            Adds line at bottom of document to which candidate must sign his/her name that
he/she has read all applicable laws relating to campaign financing and reporting.

Pg. 326-327     Moves "Sample Failure to File Notice" here and updates it for current election.

Pg. 328            Provides sample of Accessible Voting Device Affidavit.

Pg. 330            Reformats and updates the Precinct Election Supplies Inventory List. Pg. 331    
        Moves "Instructions to Voters and Election Officers" to here.
Adds language that voter should provide identification documents to the election officer in charge.

Pg. 332            Moves "Right to Vote a Provisional Ballot" to here.

Adds the following to the circumstances W1der which a person has a right to vote a provisional
ballot:
•          If the voter requested an early ballot but did not vote an early ballot.
•      Ifthe voter has not produced sufficient identification.
•          Ifthe voter was challenged as a qualified voter.

Provides that to vote a provisional ballot, the voter must sign an affirmation on the provisional
ballot envelope stating that information filled out on the provisional ballot envelope is correct,
that he/she resides in the precinct, that he/she is eligible to vote in this election and that
he/she has not previously voted in this election.

Adds language on what happens after a provisional ballot is placed in  a provisional ballot
envelope; specifically, that the voter will be given information on how to present sufficient
identification to the county recorder if necessary.


Case 8:12-cv-01294-JO\l\l-MAP    Document 22-15     Filed 07127112   Page 19 of 22 PageID 371


Mr. John Tanner JlU1e 26, 2006
Page 18 of 21


Pg. 333          Provides new instructions on "Identification at the Polls -Requirement for
Voters."

Pg. 336          Provides sample "Polling Place Setup." Pg. 340         Provides sample "Write-In
Tally Sheet."
Pg. 341         Deletes ''Note" at the bottom of the "Master Audit Form Format" sheet. Pg. 342     
   Reformats "Master Audit Form."
Pg. 344         Provides sample reporting form for "Equipment, Software and Firmware Certification
Statement."

Pg. 346         Provides sample "Cover Sheet for Additional Reports." Pg. 347          Provides
sample "Accessibility Report."
Pg. 348          Provides sample "Poll Worker Training Report." Pg. 349          Provides sample
"Voter Education Report."
Pg. 350-351   Provides sample HAVA Administrative Complaint forms in English and Spanish.

Technical, grammatical and formatting changes also are made.

D.      PERSON MAKING THE SUBMISSION.

Terri Skladany, Chief Assistant Attorney General Mary O'Grady, Solicitor General
Diana L. Varela, Assistant Attorney General 1275 West Washington
Phoenix, Arizona 85007
(602) 542-7993

E.       SUBMITTING AUTHORITY.

The State of Arizona.  ,

F.      COUNTY AND STATE OF SUBMITTING AUTHORITY.

Not applicable since the submission is from the State.


Case 8:12-cv-01294-JDW=MAP    oocument 22-15    Fjled 07/27/12   Page 20 of 22 PageID 372


Mr. John Tanner June 26, 2006
Page 19 of 21


G.     PARTY RESPONSIBLE FOR CHANGE.

The  Secretary  of  State adopted  the  Procedures  Manual,  which  was  approved  by  the Arizona
Governor and the Attorney General's office as required by A.R.S. § 16-452(B).

H.     AUTHORITY FOR MAKING CHANGE.

The  Secretary  of  State has  the  authority  and  duty  to  adopt  the  Procedures  Manual
pursuant to A.R.S. § l 6-452(B).

I.        DATE OF ADOPTION.

The Arizona Secretary of State adopted the revised Procedures Manual on March 28, 2006 and
submitted revisions following consultation with the Governor and Attorney General's office on May
15, 2006 and June 14, 2006. The Attorney General's office approved the Procedures Manual on June
19, 2006, and the Governor approved the Procedures Manual on June 20, 2006. The Approval letters
are attached as Exhibit D.

J.        EFFECTIVE DATE.

The Procedures Manual will become effective upon preclearance by the United States Department of
Justice.  Early voting, however, begins on August 10, 2006 for the primary election.  Voter
registration closes August 14, 2006 for the primary election.

K.      ENFORCEMENT OF CHANGE.

Arizona has begun implementing its proof of citizenship requirement and rules for identification at
the polls after the Department of Justice precleared Proposition 200 in January 2005, and the
Secretary of State's Procedure for Proof of Identification at the Polls on October 7, 2005.  In
addition, the Secretary of State's procedures for election equipment certification, decertification
and emergency conditional certification have been in effect since precleared by  the Department of
Justice in early 2006.  As far as the State is aware, additional changes contained in the
Procedures Manual have not yet been enforced or administered.

L.       SCOPE OF CHANGE.

The changes affect the entire jurisdiction.

M.     REASONS FOR THE CHANGE.

The Arizona Secretary of State is required to adopt a Procedures Manual for each statewide
election. See A.R.S. § 16-452. The changes in the 2006 Procedures Manual were adopted to conform to
recent amendments to Arizona law, such as amendments required by HAVA and changes froin Proposition
200 following the general election of 2004.

Case 8:12-cv-01 294-J DW-M.A. P  Doc11ment 22-1 5   Filed 0712711 2   Page 21 pf 22 Pagel D 373


Mr. John Tanner June 26, 2006
Page 20 of 21


N.     ANTICIPATED EFFECT ON MEMBERS OF RACIAL OR LANGUAGE MINORITY GROUPS.

The changes contained in the Procedures Manual were made without discriminatory intent and will
have no discriminatory effect on members of racial or language minority groups.

0.     PAST OR PENDING LITIGATION.

The June 2006 Procedures Manual is not the subject of litigation. However, in obtaining
preclearance of Proposition 200, the State advised the Department of Justice of two challenges that
attempted to remove Proposition 200 from the ballot before the 2004 general election.5 The State
also informed the Department of Justice of a lawsuit challenging the voting-related provisions of
Proposition 200 shortly after the general election in 2004.6  The district court dismissed that
suit for lack of standing, and was affirmed by the Ninth Circuit.

Several plaintiffs filed a more recent, consolidated challenge to Proposition 200 that is presently
being litigated in federal court.7 The suit alleges that the proof of citizenship requirement is
preempted by the NVRA when applied to the federal voter registration form. The
suit also alleges that the proof of citizenship requirement and rules regarding identification at
the polls violate the 24th Amendment, deny equal protection, and violate Section 2 of the Voting
Rights Act.

In an Opinion and Order dated June 19, 2006, the district court judge denied the plaintiffs'
request for a temporary restraining order with regard to Arizona's proof of citizenship
requirement. The Court held that plaintiffs have not shown there is a likelihood they will succeed
on the merits regarding their preemption claim under the NVRA.

On June 20, 2006, the Navajo Nation filed an action in federal court8 seeking to enjoin the
Secretary of State from implementing the voter identification requirements of Proposition 200 at
polling places located on the Navajo Reservation.

P.      PRECLEARANCE OF PRIOR PRACTICE.

The Department of Justice precleared the current Procedures Manual on October 5, 2004 (DOJ file
number 2004-3400). Arizona revised the current Manual to add procedures in the
wake of Proposition 200 regarding proof of identification at the polls. The Department of Justice
precleared the revision on October 7, 2005 (DOJ file number 2005-2943).

'SEIU, AFL-CIO, et al. v. Janice K. Brewer, et al., Maricopa Co. Superior Court Cause No.
V2004-015592; No On 200, Arizonans for Real Immigration Reform, et al. v. Jan Brewer, et al.,
Maricopa Co. Superior Court Cause No. CV2004-020468.
6 Friendly House, et al. v. Janet Napolitano, et al. Federal District Court Cause No. CV 04-649 TUC
DCB.
7 Gonzalez, et al. v. State of Arizona, et al (Lead); Inter-Tribal Council of Arizona, et al. v.
Brewer (Cons.), District Court Cause No. CV06-01268.
8 The Navajo Nation v. Jan Brewer, et al., Federal District Court Cause No. 3:06-cv-01575-EHC.


Case 8:12-cv-01294-JDW-MA P  Doc11meni22 15-   Filed oz12z112    Page 22 of 22 Page IQ 374

 


Mr. John Tanner June 26, 2006
Page 21 of 21


If you have any questions regarding this submission or if you require any additional information,
please contact me as soon as possible.
Very truly yours, Terri Skladany
Chief Assistant Attorney General
Mary O'Grady
Solidro<·

 

 

 

 

 

 

 

 

 


arela
Assistant Attorney General

 

 

 

 

 

 

 

 

 

 

 

Attachments
#472730, v. 3


Case 8:12-cv-01294-JDW-MAP    Document 22-16     Filed 07/27/12   Page 1 of 24 PagelD 375

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 10


Case 8:12-cv-01294-JDW-MAP    Document 22-16     Filed 07/27/12   Page 2 of 24 PagelD 376

 

 


From: To: Subject: Date:
Attachments:

 

 

 

Phillips. Eddie L. Phillips, Eddie L.
List Maintenance of Potentlonal Non-Citizen Matches Monday, April 23, 2012 5:17:52 PM
vlvafi45.png

 

 

 

 

 


Good afternoon  Supervisors!

The SOE website has been updated with a revised PowerPoint presentation for List Maintenance of
Potential Non-Citizen Matches.                                    ·
Link  to Webinar  PowerPoint

Also, a sample word document and form is provided for your convenience.  As discussed in the
PowerPoint, you may attach a copy of the DAVE screenshot associated with the file.
Link  to sample word  document Link to sample form

Dr. Gisela Salas, Director
Florida Division  of Elections

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Florida is headed in the right direction!
Click to Enlarge

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


'j\\., The Department of State is leading the commemoration of Florida's 500th
lft     . anniversary in 2013. For more information, please go to www.fla500,com.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


The Department of State is committed to excellence. Please take our Customer Satisfaction Survey.

 

 

 

 

 

 

 


Pr'ocessing l,nel,i,gi,bl1e Registered
,   Voters­
,     (Non-l:m:miig,ra,n.ts;
'           ,,                                                           '

 

 

 

 

 

 

 

 


Pres'ent;ed by:: Dr.tnnstopfiet'shatp;cni,ef · · Bureauof Voter  Registrati'on
.services
April 2o;Jt2

 

 

 

 

 

 


FVRS voter registration  records matched against DHSMV1s DAVE records
1256 registered voters  identified  in this  batch as \ non­ immigrants1 in DAVE  and therefore 
potentially  ineligible.
Non-immigrant: Someone who is legally authorized to be in the U.S. for a limited period of time and
for specific
.                                        .                                        .                
                       .
activity or purpose.
Non-immigrant: Subject to annua l renewal of driver 1s license or state ID card every yea r.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


2

 

 

 

 

 

 


Tempora ry visitor for business or pleasure Diplomat or other foreign government offic ial
Students: academic1 vocationa l
Researcher
Person in specia l or highly skilled occupation Tempora ry agricultura l or seasona l worker
Exchange Visitor
../ Religious worker Entertainer Media1 journa list Au pair
Victim of human trafficking or other criminal activity
A person seeking safe haven from dire homeland situations like civil war1 natural disaster or other
extraordina ry conditions                          3

 

 

 

 

 

 


Review of DHSMV DAVE data base- initial screen:
nNot a U.S. Citizen11 status Foreign Country of Birth listed
Supporting ID documents to comply with federal REAL ID Act
• REAL ID Act requires persons to prov ide documentary proof of legal status whenever they apply or
renew a driverfs license or state ID card .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

• By December 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


20171

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the cyclef or all renewals will be completed and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


every record in DAVE will have supporting documentation of legal status
in orderfor issuance or renewal of driverfs license or state ID card.
• (For persons born after December 11 19641 proof must be prov ided by December 11  2014.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4

 

 

 

 

 

 

 


Review of REAL ID compliant documentation for legal status of non- U.S. citizens:
./ Passp rt (country of origin)
./ Visa
Birth certificate
\\ Green card11  for legal permanent resident (not a U.S. citizen) ·
./ ther government issued document authorizing tempora stay

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


5

 

 

 

 

 

 

 


Cross- check of ICE's public online site regarding non
U.S. citizen deta inees
I
ICE: Immigration and Customs Enforcement  burea u within the Depa rtment of Homeland Security
(OHS). One of the 3 bureaus besides CIS (Citizenship and Immigration services ) and CBP (Customs
and Border Patrol) that serves as successor to INS.
NOTE: A DOS request is currently pending before DHS to access a federal data base (such as SAV 
--Systematic Alien Verification for Entitlements) and/or other federal data bases in order to
cross-check whether a non U.S. citizen1s legal status has changed since obtaining a driver's
license or state ID card.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


6

 

 

 

 

 

 

 

 

CNTY
OF            FVRS
RESIDENVTR CE            ID

 

 

 

 

 

 

 

 

FVRS
VTR    FVRS                                                   MIDD
REG    REG           LAST                               LE_N                        HSMV_LICENSE_  
HSMV_G HSMV_BJRTH
STAT  DATE        NAME   FIRST_NAME  AME   HSMV_SSN NO                            ENDER    DATE    
           Verification status
verified thru dave, non US citizen;

 

 

 

 

 

 

 

 


Last DHMV
transaction date Reviewer
Me

 

 

 

 

 

 

 

 

 

 

CAL           123456789ACT      9/18/2008 SMTIH  JOHN               A           123456789   Full   
                   M

 

 

 

 

 

 

 

 

 

 

6/10/197Sverified through ICE

 

 

 

 

 

 

 

 

 

 

11/23/20113-13-12

 

 

 

 

 

 

 

 

 

 

 

Notes from               Last date      Reviewer

 

 

 

 

 

 

 

 

 

 

 


examiner that

 

 

 

 

 

 

 

 

 

 

 


individual      initials and
date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


These are our match items before we look for supporting documents.  At
least three criteria must be exact  in FVRS and  DAVE

 

 

 

 

 

 

 

 

 

 

 

 

went to
supporting                 DHSMV
documents were
viewed to verify citizenship status, and
citizenship status

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


7

 

 

 

 

 

 


Follow steps in section 98.075(6) and (7), F.S., as you would for any other potentially ineligible
voter:
™    Review file information [Note: These files are not compiled electronically in the same way
that the Division compiles felon or mental incompetency files. There are no attached scanned images
or documents in these files.]
2. Conduct any additiona l research [Refer to whatever o.ther sources you have to confirm identity
and potential change in legal status. You should all have access to DHSMV's DAVE. If you find
information credible and reliable1  proceed.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


8

 

 

 

 

 

 


3. Initiate notice (within 7 days). Send notice by certified - mail1 return receipt requested or by
some other means of verified delivery). Notice must include:
A statement of basis for ineligibility
A copy of any supporting documentation
•   Print out the latest screen shotfrom  the DH SM V DAVE containing legal status. This is what
DHS MV has last record ed.
•  Redact confid ential/personal  identifying information such as DL, state ID #1 SSN, and
signature. _
A statement that failure to respond within 30 days may result in removal from rolls
A return form that requires voter to admit or deny accuracy of information A statement that a
person denying ineligibility has a right to a hearing Contact information for Supervisor of
Elections
Instructions for seeking restoration of civil rights (Not applicable in these cases)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9

 

 

 

 

 

 

 

 

 


MAN Driver And Vehicle Express (MtiAViE)

 

 

 

 

 

 

 

 

 

 

 

 


s
Y-'ILID

 

 

..
dtt.ll:t

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


l4>w•d)a:t"
03Lnl1LU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


10

 

 

 

(Date)

(Voter's name and address) (Voter Reg. No.)

 

The                   Cownty Supe.-visoi: of Elections has "  eived inforn.:iation from the Horida
Division of Elections t!Jat ca!ls into question you:r eligi iliiy to be i:L"gistered to vote. The
int'Ormation originated from the Florida Department of ·ghway Safety and Motor Velie.Jes (see
al.tached) which li:>1s you as not being a U.S. c 1izen. 1n Fforida. only U.S. Citizens can
register and v-otc. Sec s.. 97.041, Fla. Stat  (2-0U ).

 

 

 

 

 

 

 

 

Please complete  and  returo  the  enclosed  'voter  eligibility
Electi.ons·office within thirty (30) days of receipt

 

 

 

 

 

 

 

 

to  the Supervisor of

 

 

 

 

 

 

 

 


Sam p e
tice t

 

 

 

 

 

 

 

 

 

Ifyou. believe we have made a mistake about your identity or citizenship st<itus, or you have
acquired citizenship since your last intemctio11 '<'.1ith DHSMV, please in.elude with the "voter
eligibility form' a eopy of any document that either shows that you are not the person identified
in this l:etteror that yon are a U.S. citizen.  nm fo!lov.111g documents are examples of proof of
U$. citizensrup: U_S. Birth Certificate, Passport, U.S. Consular Certificate of

 

 

 

 

 

 

 

 

 

 

 


Birth,,

 

 

 

 

 

 

 

 

 

 

 


or U.S. Certificate Gf Natu,;alitatfon. If your nan•e has changed ot you use another

 

 

 

 

 

 

 

 

 

 

 

 

end
P  tentia lly
Ineligible
n-  .S.
iti en

 

 

 

 

 

 

 

 

 

 

 

 

name deut Mm that ou the document ple<l-<;e include a copy of the d<x:ume;:it sho\.-.;.fog that
name cr.ange. Yoo also have the right to .-equ>t a hearing if  you deny• tll!rt the in:eligibllity
information ts.accumte.

You m<JiY mail, fa-;: or e-mail the voter eligibility fonn and supporting documentation or you QIU
come in person ""'1th tilat fonn and any supporting oocrunent to the Supervisor of Elections'
office. Ifyou fail fo respond within  thirty (30) days,. we may determine that you a.i:e ineligjble
and i:-emove your name from th.e voter regi$tration i:oJls. You will th<>n no long<:r beeligibl¢ to
voft>_

You may reach our oft1ces as follov.-s: [inse.rt contact information including phone number,
physical street address, mailing address, fax number llild e-mail address.]

 

 


Supervisor of Elections

Enclosures:  Voter Eligibility Form with Seif-addre:-,sed Return Envelope
DAVE Sc.reen shot

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


11

 

 

 

 

 

 

 


Im      Allow voter 30 days to respond (if you receive
ver ification that mail delivered)

Soo  Pu bl ish notice ONLY if notice undeliverable (Section 98.075(7)(a) 2.a .-e1 Fla. Stat.)
00         Provide hearing ONLY if person denies ineligibility A ND person requests· hearing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


12

 

 

VOTER ELIGIBILITY Fo

 

 


1. You have been id.entified as potentially ineligibl.e fo be registered fo  >ote.
2.  1f you do not respond within thirty (3-0) day>< after receiving dlis notie<>, t ..., supervisor
of elections ro-..y di:'termine that you are ineligible t-0  he registered to vote and remove yuu
·name from the voter regjstration system.

 

 

 

 


PLEAS£ PRINT

 

 

 

 

 

 

Last Name

 

 

 

 

 

 

Middle

 

 

 

 

 

 

 

Date of Dirth
(MMDDYY)

<rt,nder (please v-ircle)                                                 Female

 

 

 

 

 

 

 

 

 


\       ter
Eligibility
F  r   / t
Send t
ter

 

 

 

 

 

 

 

 

 

 

Driver's License No oc Florida ID Card No.                                                         
        Last 4 S-Ociai Security No.

 

 

 


D Under penalties. of pcrjµry. I swear or afimn that the information that I am ineligible is
inaceurat"' Al-."D:
            I request a heru:ing. (Pie.aS. e bring whatev.er docurn.:cnts you have in s.:ipport of
your eligibility),
OR
        rdo not ruci1, : ru hearing. Please :roe attached document in supp-Ort of mydigibility. DO
NOT MAIL ORIGINAL.

 


S GNATuKE OF VOTER;                                                                           DATE:
                      _
{It is a criminal oft<:n.se to knowingly make a false statement inwriting with the intent w mislead
a
publfo official in the pcrfom1ancc of his or her official duty. s. 337.\.16. Fla. Stat,)
.Return form to: {insert c.:iutact informatioo: fax, e-mail, mailing an.d  physical addresses)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


13

 

 

 

 

 

 


7m          Review proof of U.S. citizenship if provided
U.S. Passport Booklet or Card
U.S. Bi  h Certificate
U.S. Certificate of Consulate Birth
U. S. Certificate of Citizenship
v' U.S. Certificate of Naturali ation
* If there is a difference in name, the voter should provide the documentation supporting the name
change, the voter will have to provide court order or marriage license showing authorized name
change.
®   Remember: 1. If a person has dual citizenship with the U.S . and another country, he or she is
still eligible to register and vote as a U.S . citizen. 2. Persons born in certain U.S .
territories (e.g ., Puerto Rico, island of Guam, Panama Canal, Virgin Islands, etc.) , he or she
may be a U.S. citizen. Contact USC/S for confirmation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


14

 

 

 

 

 

 

 


U.S. PAS SPORT                                 CERTIFICATE OF CITIZENSHIP

 

 

SJ\MPlE
.' ,;::;-.;,,, ,.,:;:s·"' - 'f {<..>:,.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


15

 

 

 

 

 

 

 

CERTIFICATE OF NATURALIZATION

 

 

 

 

 

 


CONSULAR REPORT OF BIRTH ABROAD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


16

 

 

 

 

 

 

 

U. S. BIRTH CERTIFICATE SAMPLE -FLORIDA

 

 

 

 

 

 


U.S. BIRTH CERTIFICATE SAMPLE  -TEXAS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


I

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


17

 

 

 

 

 

 

 

a.   Determine eligibility of person based on information you have
9.   If ineligible, remove voter's name from rolls
10..   Record the 'removal reason code1 as n K11 for not
U.S. citizen
.                                     .                                                            
              .
. Send notice to the voter regarding removal
12.  Retain record permanently as they are part of the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


voter registration records. see item #i58

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


GS-3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

http:// d I i s.dos.state.fl .u s/ barm Igenschedu I esIGS3.pdf

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18

 

 

 

 

 

 


It is strongly encouraged but not required (for continuing registration purposes) that a registered
voter who is determined to be a U.S. citizen to contact DHSMV to correct or update his or her
legal status on record.
1) Refer person to _DHS MV1s we bsite .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


e;    ;._.....;;.._..;;;_;;;._.;;;                                                                 
;...;...;;.
;..........;;;._;;,_.;;;_..;;;.......;;;

to locate driver license or tax collector offices

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


2) Provide DHSMV1s \\in- person11 contact: 850-617- 2000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

19

 

 

 

 

 

 


If you determine that a registered voter initially identified as not a U.S. citizen has
subsequently become a U.S. citizen,this person sha ll be deemed eligible for purposes   f
continuing registration and  should not be removed from the rolls.

HOWEVER, the matter should be referred to the State Atto rney. See Section 104.011(false swearing
of an application) and Section 104.42, F.S. (\duty to report fra udulent registration and illegal
voting 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20

 

 

 

 

 

 


If you determine that a registered voter is el igible fo r w hateve r reason (e.g., mismatch­
misidentification, obtained U.S. citize nship,
administrative error, etc.) then the vote r's sha l l not be removed from the rolls.
111                TIFY immediately the chief of the Bureau of Voter Registration Services    .
2m   PR  VIDE the registered voter's name and FVRS No..

This w ill help to ensure the integrity and improve the process.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

21

QUESTIONS
SUGGESTIONS
COMMENTS
For further information or questions,contact:
Dr. Christopher Sharp,  .
Chief,Bureau of Voter Registration Services
Florida Department of State
22

Updated February 2, 2017