Kurt S. Browning Secretary of State

1. Florida Department of State Kurt S. Browning Secretary of State Dr. Gisela Salas Director, Division of Elections Presented by Maria Matthews and Gary J. Holland, Office of General Counsel, Department of State Telephone: 850-245-6536 June 23, 2011

2. 2011 LegislationChanges to Chapter 97-105, Florida Statutes

3. General Provisions

4. Directives(s. 97.012(16) – New) Secretary of State has a responsibility to: “Provide written direction and opinions to the 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.”

5. Minor Political Parties(s. 103.095 – New) Registration requirements have changed Need functioning website Need voter registration apps for officers/exec committee members Need constitution, bylaws, rules and regs No dues permitted Need a chair, vice chair, secretary, and treasurer – only secretary and treasurer can be same person

6. Minor Political Parties(s. 103.095 – New) Provisions are retroactive for those parties who are registered with DOS on July 1, 2011 – have 180 days from notice by DOS to come into compliance or party’s registration is automatically cancelled Division shall adopt rules to prescribe how political party filings (to include its registration) may be canceled (pending Rule 1S-2.050)

7. 3rd Party Voter Reg. Organizations (s. 97.0575 – significant changes) Registration with Division must be in electronic format Registration Agents must provide sworn statement re: obeying registration laws Each form provided to/received from 3PVRO must identify the 3PVRO Division to maintain database of all apps issued to the 3PVRO

8. 3rd Party Voter Reg. Organizations(s. 97.0575 – significant changes) cont’d. SOEs must report # of apps provided to/received from each 3PVRO Division to update the 3PVRO database daily Turn-in time reduced from 10 days to 48 hours

9. 3rd Party Voter Reg. Organizations(s. 97.0575 – significant changes) cont’d. No longer a 75% reduced-fine availability, but cap on aggregate fine in calendar year remains $1000. AG is enforcement agency for violations (referrals done by Sec of State). 10. See Rule 1SER11-01 for implementation; also, rule development for Rule 1S-2.042.

10. Disposition of Voter Reg. Apps (s. 97.073 – New) New 5-day deadline to notify applicant of status of application (clock starts from time information entered into FVRS): Incomplete Denied Duplicate of current registration Approved (via a voter information card)

11. Changes to Registration Record(s. 97.1031 - Changed) Allows in-county and county-to-county address changes via phone or electronic means (must provide date of birth), or by other signed written notice (not limited to voter registration application) provided contact or submission is directly to SOE’s office in the county of new residence. If made to office other than county of residence  must use voter registration application

12. Changes to Registration Record(s. 97.1031 - Changed) cont’d. Allows registered voter to submit name changesby any signed written notice provided date of birth or FVRS # is included Allows registered voter to submit political party changeby any signed written notice provided date of birth or FVRS # is included Voter registration application is no longer the only written means to submit name or political party change

13. List Maintenance Activities(s. 98.075 – Changed) Expands scope of identifying and automatically removing registered voter for reasons of death based on: Data received from the United States Social Security Administration (e.g., social security death indexor master file) Receipt of death certificate issued from any government agency

14. Precinct Boundaries Effective July 1, 2012(s. 101.001 – Changed) New requirements for creating or changing precincts: Census block as based on the most recent U.S. Census is default unit for creating or changing precincts If the boundaries split or conflict with another political boundary, then boundaries may still be defined based on one of the 4 other existing criteria in law

15. Precinct Boundaries Effective July 1, 2012(s. 101.001 – Changed) cont’d. • Report precinct or polling place boundaries or designations to the Department of State within 10 days after change • Requires precinct data for all precincts for which there are election results and voting history results

16. Petitions(s. 99.097 – Significant Changes) Signatures are valid only if all other requirements for the petition are met (If SOE determines the signature is that of the registered voter, petition may not be verified if another requirement is in error) – See Petition Checklists Undue burden oath criteria tightened up (See next slide)

17. Petitions(s. 99.097 – Significant Changes) cont’d. Undue Burden Oath (UBO) Changes: If signature gatherer paid, UBO may not be later filed If UBO filed and later signature gatherer paid, UBO no longer valid and signature verification fees are due If monetary contributions are received, they must first be used to reimburse SOE for any verification fees

18. Petitions(s. 99.097 – Significant Changes) cont’d. Undue Burden Oath (UBO) Enforcement: No enforcement mechanism specifically listed If SOE becomes aware of candidate paying signature gatherer or receiving contributions after filing UBO Inform candidate of law Seek payment of fees Declare UBO invalid if candidate paid signature gatherer

19. Petitions(s. 99.097 – Significant Changes) cont’d. Undue Burden Oath (UBO) Enforcement: • Note s. 104.41, FS: Any violation not otherwise provided for = misdemeanor of 1st degree (e.g., receiving monetary contributions and not first applying them to pay for signature verification fees)

20. Constitutional Initiative Petitions(s. 100.371 – Changed) Signatures are valid only 2 years from date of signing (not 4 years) Be careful when certifying Signatures dated before 20 May 2011; Good for 4 years Signatures dated on or after 20 May 2011; Good for 2 years. If voter is not registered in your county at time of verification*, notify the sponsor of misfiled petition

21. Constitutional Initiative Petitions(s. 100.371 – Changed) cont’d. • Eliminates requirement for address to be a “street” address • At time of signing and verification, signer must be registered voter in the state (Prior law: Signer had to be qualified voter in the same county at time form signed and time verification) • Unconstitutional revocation provisions deleted

22. Constitutional Initiative Petitions(s. 100.371) cont’d. • Scenario #1: A college student registered to vote in County Y, signs a petition in County X and lists her address as being in County X, the location of her college. The sponsor correctly submits the petition to County X for verification. What does County X’s SOE do? • Solution: County X’s SOE determines that the voter is not a registered voter in his county; therefore, by statute, the SOE shall notify the sponsor that the petition is misfiled. County X’s SOE does not verify the petition. (It’s the sponsor’s obligation to deliver the petition to County Y’s SOE.)

23. Constitutional Initiative Petitions(s. 100.371) cont’d. • Scenario #2: A voter registered in County X signs a petition and places his address on the petition as being in County X. Two days later and before the petition is submitted for verification, the voter moves to County Y and changes his voter registration to County Y. The sponsor of the petition per the law correctly submits the petition to County X’s SOE. What does X’s SOE do? • Solution: The SOE looks up the voter, determines voter is a registered in County Y, SOE notifies the sponsor that the petition was misfiled and does not verify the petition. • Bottom-line analysis: Petition is only verified by the SOE in the county in which the voter is registered at the time of verification.

24. Constitutional Initiative Petitions(s. 100.371) cont’d. • Scenario #3: A voter registered in County X signs a petition and, for privacy reasons, places her address on the petition as being in County Y. The voter remains a registered voter in County X at the time the sponsor “mistakenly” submits the petition to County X for verification. What does County X’s SOE do? • Solution: Under s. 99.097(3), FS, the SOE treats the address on the petition as the voter’s registration address for petition verification purposes and may proceed to verify the petition as valid, if the voter was a registered voter in the state both at the time of signing and verification of the petition, and all other petition requirements are met.

25. Constitutional Initiative Petitions(s. 100.371) cont’d. • Scenario #4: A voter registered in County X signs a petition. The voter subsequently moves to Nevada and moves his registration to Nevada. After the move occurs, the sponsor correctly submits the petition to County X for verification. What does County X’s SOE do? • Solution: If the SOE determines that the voter has moved his registration out of state, the SOE would not verify the petition because the voter was not a registered voter in the state at the time of verification.

26. Constitutional Amendments by Joint Resolution (JR)(s. 101.161 – Changed) Allows ballot summary or full text*of JR amendment/revision to be on ballot Allows JRs to include optional ballot summaries in event a summary is defective Provides 30-day window to challenge JR (clock starts after filing JR with Sec of State) *By December 31, 2013, all voting systems must be able to handle full coded text of amendment/revision

27. Constitutional Amendments by Joint Resolution (JR) (101.161 – Changed) cont’d. If all ballot summaries found invalid, AG shall, w/in 10 days, prepare new ballot summary for Sec of State to provide to SOEs Provides 10-day window to challenge AG’s summary (clock starts when AG gives summary to Sec of State) Creates statutory presumption that full text is clear and unambiguous and fair notice to voters

28. Constitutional Amendments by Joint Resolution (JR)(s. 101.56075 – New) *Voting machines must be capable of handling coded text of amendments on ballot by December 31, 2013

29. Candidates & Qualifying

30. Copy of Election Code(s. 97.025 – Changed) The Department of State must only make the Election Code pamphlet available to Supervisors of Elections and candidates; hard copies no longer required to be printed or distributed

31. Candidates – Seeking a Party Nomination(s. 99.021 – Changed) Old Law: Candidate has not been a candidate for nomination of any other political party for 6 months prior to general election for which the candidate seeks to qualify New Law: The candidate has not been a registered member of any other political party for 365 days before the beginning of qualifying preceding the general election for which the candidate seeks to qualify

32. Candidates – Seeking a Party Nomination(s. 99.021 – Changed) Example 1: Election Nov 2012; qualifying begins in June 2012; candidate changes from Democrat to Republican in August 2011. Not permissible to qualify as any political party candidate. Example 2: Election Nov 2012; qualifying begins in June 2012; candidate has been Republican for 10 years. Submits qualifying papers as a “No Party Affiliation” candidate. Permissible! (Key: Not seeking nomination as a party candidate.)

33. County or District Candidates in Apportionment Year (s. 99.095(2)(d) – New) In a year of apportionment, county or district candidates seeking ballot position by petition process may obtain signatures from voters w/in the county, regardless of district boundaries Number required = 1% of registered voters in county from preceding general election, divided by the total number of districts involved Example: 5-member County Commission elected on single-member district basis. County had 100,000 registered voters at last general election: 1% = 1000 divided by 5 districts = 200 signatures required. Note: If elected at-large, there is only one district involved, so that candidate must obtain 1%.

34. County or District Candidates in Apportionment Year (s. 99.095(2)(d) – cont’d) Important considerations: Law was not changed to permit a county or district candidate to omit the required district number on the candidate petition. If the candidate’s district number changes due to redistricting, the prior petitions are invalid (see s. 99.095(2)(c), FS). For campaign finance purposes, a candidate may retain campaign contributions received for the prior district office if the district number changes solely because of redistricting (See s. 106.021(1), FS).

35. Qualifying(ss. 99.061 & 105.031 – Changed) Removed public employee loyalty oath (s. 876.05) from candidate oath language Candidates removed from being subject to s. 876.05 oath requirement Judicial and school board candidates Oath language changed; however Candidates must still take s. 876.05 oath to be qualified based upon this oath not being removed in s. 105.031 as a required qualifying paper

36. Qualifying(ss. 99.061 & 105.031 – Changed) cont’d. Financial disclosure statement & candidate oath required to be verified under oath or affirmation s. 92.525(1)(a) Note: SOE/deputies have no authority under s. 92.525(1)(a) to administer the oath or affirmation. Filing officer prescribes to whom the qualifying fee checks are to be payable. Dishonored check: Filing officer must immediately notify the candidate, who has until the end of qualifying to pay fee with cashier’s check.

37. Qualifying(ss. 99.061 & 105.031 – Changed) cont’d. • Codifies case law that filing officer performs only a ministerial duty; look only at face of documents for completeness, not whether contents are accurate. • Filing officer’s decisions are exempt from Administrative Procedures Act (ch. 120).

38. Municipal Election Assessment (s. 99.093 – Changed) The election assessment for candidates for municipal office now is to be sent directly to the Florida Elections Commission, not to the Department of State

39. Municipal Qualifying Date(s. 101.75 – Changed) Eliminates the minimum 14-day qualifying period when a municipal election is moved by ordinance to a date concurrent with any statewide or countywide election.

40. Vacancy in Nomination(s. 100.111 – Changed) If vacancy in nomination for any office exists, the filing officer before whom the original candidate qualified must notify the chair of the state and county party executive committee If vacancy is in a county office, state chair will notify the county chair, who has 5 days to call meeting of executive committee

41. Vacancy in Nomination(s. 100.111 – Changed) cont’d. Name of nominee to fill the vacancy in nomination is to be submitted to applicable filing officer within 7 days after notice of the vacancy was made to the chair.

42. Vacancy in Nomination(s. 100.111 – New) A vacancy in nomination is not created if an order of a court, that has become final, determines that candidate did not properly qualify or failed to meet the qualifications for the office sought Candidate who attempted to qualify and failed to qualify during original qualifying period cannot be nominee to fill a vacancy in nomination for any other office (except Lt. Gov.)

43. Violations of the Code Eff. 7/1/11 – SB 330(s. 104.2715 – New) Creates civil penalty (up to $5,000) for a candidate who falsely represents he/she serves in or has served in the military (which fines if assessed are to be deposited into General Revenue Fund). Requires complaint to be filed with the Florida Elections Commission. If candidate elects to have a hearing before the Division of Administrative Hearings (DOAH) instead of the Commission, the law grants specific penalty power to DOAH (in response to Davis v. Florida Elections Commission, 44 So.3d 1211 (Fla. 1st DCA 2010).

44. Changes in Timing of Elections

45. Primary Election(s. 100.061 – Changed) Datemoved from 10 weeks to 12 weeks prior to general election 2012 Primary Election is now August 14th Note: Because qualifying is tied to the date of primary, that means qualifying will be 2 weeks earlier than what it has previously been Read 2011-2012 Dates to Remember on Division of Elections’ website

46. Presidential Preference Primary(s. 103.101 – Changed) New date for PPP to be set by PPP Date Selection Committee no later than 1 Oct of year preceding PPP Flexible period: PPP could be as early as 1st Tuesday in January or as late as 1st Tuesday in March Any party rule directing delegate vote at a national nominating convention shall reasonably reflect the results of the PPP, if one is held

47. Pre-Election

48. Voter Information Card(s. 97.071 – Changed) Requires the polling place address to be on the card Requires the issuance of new card whenever the polling place address changes Effective for all new registrations and all voter information cards issued on or after August 1, 2012

49. Absentee Ballots(s. 101.62 – Changed) Changes delivery period Send, via method requested (mail, e-mail or fax) absentee ballots to all UOCAVA voters no later than 45 days before PPP, primary election, and general election (previously only applied to general election) Send ballots to all other absentee ballot voters within 7-day window (between 35 and 28 days before election (i.e., before PPP, primary election, and general election)

50. Absentee Ballots (ss. 101.65 and 101.6923 – Changed) Changes the ballot instructions to add following notices to absentee voter: If signature on certificate does not match signature on record, ballot will not count Voter has until the start of canvassing absentee ballots to update signature on record (which may begin as soon as 15 days before election)