Senate Bill 1722 (2022) — Elections
SB 1722
Florida Bills
Florida Senate - 2022 SB 1722 By Senator Jones 35-01167A-22 20221722__ Page 1 of 13 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to elections; repealing s. 97.029, 2 F.S., relating to civil actions challenging the 3 validity of election laws; repealing s. 97.0291, F.S., 4 relating to a prohibition on the use of private funds 5 for election-related expenses; amending s. 97.0575, 6 F.S.; revising the time period within which a third -7 party voter registration organization must deliver 8 voter registration applications to the Division of 9 Elections of the Department of State or to a 10 supervisor of elections; deleting provisions relating 11 to certain notification requirements; amending s. 12 97.1031, F.S.; revising information that an elector 13 must provide to a supervisor of elections when the 14 elector changes his or her residence address; amending 15 s. 101.051, F.S.; deleting a prohibition on the 16 solicitation of voters at drop box locations; 17 conforming a provision to changes made by the act; 18 amending s. 101.62, F.S.; revising requirements for 19 vote-by-mail ballot requests; revising information 20 that a supervisor is required to record for each vote -21 by-mail ballot request the supervisor receives; 22 deleting a prohibition against mailing vote-by-mail 23 ballots to certain voters; amending s. 101.64, F.S.; 24 deleting provisions relating to information included 25 on vote-by-mail ballot mailing envelopes and secrecy 26 envelopes; amending s. 101.69, F.S.; deleting 27 provisions authorizing the use of certain secure drop 28 boxes during certain hours; deleting provisions 29
Florida Senate - 2022 SB 1722 35-01167A-22 20221722__ Page 2 of 13 CODING: Words stricken are deletions; words underlined are additions. requiring the monitoring of secure drop boxes; 30 deleting provisions relating to the designation of 31 drop box sites; deleting provisions relating to the 32 retrieval of ballots from secure drop boxes; deleting 33 provisions subjecting a supervisor to certain civil 34 penalties in certain circumstances; amending s. 35 102.031, F.S.; deleting provisions prohibiting certain 36 solicitation activities within a specified area 37 surrounding a drop box; revising a definition; 38 deleting a provision restricting certain persons from 39 prohibiting the solicitation of voters by a candidate 40 or a candidate’s designee outside of the no-41 solicitation zone; repealing s. 104.0616, F.S., 42 relating to vote-by-mail ballots and voting; providing 43 an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47
Section
Section 97.029, Florida Statutes, is repealed. 48
Section
Section 97.0291, Florida Statutes, is repealed. 49
Section 3. Paragraph (
a) of subsection (3) of
section 50 97.0575, Florida Statutes, is amended to read: 51 97.0575 Third-party voter registrations.— 52 (3)(
a) A third-party voter registration organization that 53 collects voter registration applications serves as a fiduciary 54 to the applicant, ensuring that any voter registration 55 application entrusted to the organization, irrespective of party 56 affiliation, race, ethnicity, or gender, must be promptly 57 delivered to the division or the supervisor of elections in the 58
Florida Senate - 2022 SB 1722 35-01167A-22 20221722__ Page 3 of 13 CODING: Words stricken are deletions; words underlined are additions. county in which the applicant resides within 14 days after the 59 application was completed by the applicant, but not after 60 registration closes for the next ensuing election.
A third -party 61 voter registration organization must notify the applicant at the 62 time the application is collected that the organization might 63 not deliver the application to the division or the supervisor of 64 elections in the county in which the applicant resides in less 65 than 14 days or before registration closes for the next ensuing 66 election and must advise the applicant that he or she may 67 deliver the application in person or by mail.
The third -party 68 voter registration organization must also inform the applicant 69 how to register online with the division and how to determine 70 whether the application has been delivered. If a voter 71 registration application collected by any third -party voter 72 registration organization is not promptly delivered to the 73 division or supervisor of elections in the county in which the 74 applicant resides, the third-party voter registration 75 organization is liable for the following fines: 76 1.
A fine in the amount of $50 for each application 77 received by the division or the supervisor of elections in the 78 county in which the applicant resides more than 14 days after 79 the applicant delivered the completed voter registration 80 application to the third-party voter registration organization 81 or any person, entity, or agent acting on its behalf. A fine in 82 the amount of $250 for each application received if the third-83 party voter registration organization or person, entity, or 84 agency acting on its behalf acted willfully. 85 2.
A fine in the amount of $100 for each application 86 collected by a third-party voter registration organization or 87
Florida Senate - 2022 SB 1722 35-01167A-22 20221722__ Page 4 of 13 CODING: Words stricken are deletions; words underlined are additions. any person, entity, or agent acting on its behalf, before book 88 closing for any given election for federal or state office and 89 received by the division or the supervisor of elections in the 90 county in which the applicant resides after the book -closing 91 deadline for such election. A fine in the amount of $500 for 92 each application received if the third-party registration 93 organization or person, entity, or agency acting on its behalf 94 acted willfully. 95 3.
A fine in the amount of $500 for each application 96 collected by a third-party voter registration organization or 97 any person, entity, or agent acting on its behalf, which is not 98 submitted to the division or supervisor of elections in the 99 county in which the applicant resides.
A fine in the amount of 100 $1,000 for any application not submitted if the third-party 101 voter registration organization or person, entity, or agency 102 acting on its behalf acted willfully. 103 104 The aggregate fine pursuant to this paragraph which may be 105 assessed against a third-party voter registration organization, 106 including affiliate organizations, for violations committed in a 107 calendar year is $1,000. 108
Section 4. Subsection (1) of
section 97.1031, Florida 109 Statutes, is amended to read: 110 97.1031 Notice of change of residence, change of name, or 111 change of party affiliation.— 112 (1)(
a) When an elector changes his or her residence 113 address, the elector must notify the supervisor of elections. 114 Except as provided in paragraph (b), an address change must be 115 submitted using a voter registration application. 116
Florida Senate - 2022 SB 1722 35-01167A-22 20221722__ Page 5 of 13 CODING: Words stricken are deletions; words underlined are additions. (
b) If the address change is within the state and notice is 117 provided to the supervisor of elections of the county where the 118 elector has moved, the elector may do so by: 119 1. Contacting the supervisor of elections via telephone or 120 electronic means, in which case the elector must provide his or 121 her date of birth and the last four digits of his or her social 122 security number, his or her Florida driver license number, or 123 his or her Florida identification card number, whichever may be 124 verified in the supervisor’s records; or 125 2. Submitting the change on a voter registration 126 application or other signed written notice. 127
Section 5. Subsections (2) and (5) of
section 101.051, 128 Florida Statutes, are amended to read: 129 101.051 Electors seeking assistance in casting ballots; 130 oath to be executed; forms to be furnished.— 131
(2) It is unlawful for any person to be in the voting booth 132 with any elector except as provided in subsection (1). A person 133 at a polling place, a drop box location, or an early voting 134 site, or within 150 feet of a drop box location or the entrance 135 of a polling place or an early voting site, may not solicit any 136 elector in an effort to provide assistance to vote pursuant to 137 subsection (1). Any person who violates this subsection commits 138 a misdemeanor of the first degree, punishable as provided in s. 139 775.082 or s. 775.083. 140
(5) If an elector needing assistance requests that a person 141 other than an election official provide him or her with 142 assistance in voting, the clerk or one of the inspectors shall 143 require the person providing assistance to take the following 144 oath: 145
Florida Senate - 2022 SB 1722 35-01167A-22 20221722__ Page 6 of 13 CODING: Words stricken are deletions; words underlined are additions. 146 DECLARATION TO PROVIDE ASSISTANCE 147 148 State of Florida 149 County of .... 150 Date .... 151 Precinct .... 152 153 I, ...(Print name)..., have been requested by ...(print 154 name of elector needing assistance)... to provide him or her 155 with assistance to vote.
I swear or affirm that I am not the 156 employer, an agent of the employer, or an officer or agent of 157 the union of the voter and that I have not solicited this voter 158 at the polling place, drop box location, or early voting site or 159 within 150 feet of such locations in an effort to provide 160 assistance. 161 162 ...(Signature of assistor)... 163 164 Sworn and subscribed to before me this .... day of ...., 165 ...(year).... 166 167 ...(Signature of Official Administering Oath)... 168
Section 6. Paragraph (
b) of subsection (1), subsection (3), 169 and subsection (7) of
section 101.62, Florida Statutes, are 170 amended to read: 171 101.62 Request for vote-by-mail ballots.— 172 (1)(
b) The supervisor may accept a written, an in-person, 173 or a telephonic request for a vote-by-mail ballot to be mailed 174
Florida Senate - 2022 SB 1722 35-01167A-22 20221722__ Page 7 of 13 CODING: Words stricken are deletions; words underlined are additions. to an elector’s address on file in the Florida Voter 175 Registration System from the elector, or, if directly instructed 176 by the elector, a member of the elector’s immediate family, or 177 the elector’s legal guardian.
If an in-person or a telephonic 178 request is made, the elector must provide the elector’s Florida 179 driver license number, the elector’s Florida identification card 180 number, or the last four digits of the elector’s social security 181 number, whichever may be verified in the supervisor’s records. 182 If the ballot is requested to be mailed to an address other than 183 the elector’s address on file in the Florida Voter Registration 184 System, the request must be made in writing.
A written request 185 must be signed by the elector and include the elector’s Florida 186 driver license number, the elector’s Florida identification card 187 number, or the last four digits of the elector’s social security 188 number. However, an absent uniformed service voter or an 189 overseas voter seeking a vote-by-mail ballot is not required to 190 submit a signed, written request for a vote-by-mail ballot that 191 is being mailed to an address other than the elector’s address 192 on file in the Florida Voter Registration System.
For purposes 193 of this section, the term “immediate family” has the same 194 meaning as specified in paragraph (4)(c). The person making the 195 request must disclose: 196 1. The name of the elector for whom the ballot is 197 requested. 198 2. The elector’s address. 199 3. The elector’s date of birth. 200 4. The elector’s Florida driver license number, the 201 elector’s Florida identification card number, or the last four 202 digits of the elector’s social security number, whichever may be 203
Florida Senate - 2022 SB 1722 35-01167A-22 20221722__ Page 8 of 13 CODING: Words stricken are deletions; words underlined are additions. verified in the supervisor’s records. 204 5. The requester’s name. 205 5.6. The requester’s address. 206 6.7. The requester’s driver license number, the requester’s 207 identification card number, or the last four digits of the 208 requester’s social security number, if available. 209 7.8. The requester’s relationship to the elector. 210 8.9. The requester’s signature (written requests only). 211
(3) For each request for a vote-by-mail ballot received, 212 the supervisor shall record: the date the request was made; the 213 identity of the voter’s designee making the request, if any; the 214 Florida driver license number, Florida identification card 215 number, or last four digits of the social security number of the 216 elector provided with a written request; the date the vote-by-217 mail ballot was delivered to the voter or the voter’s designee 218 or the date the vote-by-mail ballot was delivered to the post 219 office or other carrier; the address to which the ballot was 220 mailed or the identity of the voter’s designee to whom the 221 ballot was delivered; the date the ballot was received by the 222 supervisor; the absence of the voter’s signature on the voter’s 223 certificate, if applicable; whether the voter’s certificate 224 contains a signature that does not match the elector’s signature 225 in the registration books or precinct register; and such other 226 information he or she may deem necessary.
This information shall 227 be provided in electronic format as provided by division rule. 228 The information shall be updated and made available no later 229 than 8 a.m. of each day, including weekends, beginning 60 days 230 before the primary until 15 days after the general election and 231 shall be contemporaneously provided to the division. This 232
Florida Senate - 2022 SB 1722 35-01167A-22 20221722__ Page 10 of 13 CODING: Words stricken are deletions; words underlined are additions. not and will not vote more than one ballot in this election. I 262 understand that if I commit or attempt to commit any fraud in 263 connection with voting, vote a fraudulent ballot, or vote more 264 than once in an election, I can be convicted of a felony of the 265 third degree and fined up to $5,000 and/or imprisoned for up to 266 5 years.
I also understand that failure to sign this certificate 267 will invalidate my ballot. 268 ...(Date)... ...(Voter’s Signature)... 269 ...(E-Mail Address)... ...(Home Telephone Number)... 270 ...(Mobile Telephone Number)... 271 272 (
b) Each return mailing envelope must bear the absent 273 elector’s name and any encoded mark used by the supervisor’s 274 office. 275 (
c) A mailing envelope or secrecy envelope may not bear any 276 indication of the political affiliation of an absent elector. 277
Section 8. Subsections (2) and (3) of
section 101.69, 278 Florida Statutes, are amended to read: 279 101.69 Voting in person; return of vote-by-mail ballot.— 280 (2)(
a) The supervisor shall allow an elector who has 281 received a vote-by-mail ballot to physically return a voted 282 vote-by-mail ballot to the supervisor by placing the return mail 283 envelope containing his or her marked ballot in a secure drop 284 box. Secure drop boxes shall be placed at the main office of the 285 supervisor, at each permanent branch office of the supervisor, 286 and at each early voting site. Secure drop boxes may also be 287 placed at any other site that would otherwise qualify as an 288 early voting site under s. 101.657(1). Drop boxes must be 289 geographically located so as to provide all voters in the county 290
Florida Senate - 2022 SB 1722 35-01167A-22 20221722__ Page 11 of 13 CODING: Words stricken are deletions; words underlined are additions. with an equal opportunity to cast a ballot, insofar as is 291 practicable. Except for secure drop boxes at an office of the 292 supervisor, a secure drop box may only be used during the 293 county’s early voting hours of operation and must be monitored 294 in person by an employee of the supervisor’s office. A secure 295 drop box at an office of the supervisor must be continuously 296 monitored in person by an employee of the supervisor’s office 297 when the drop box is accessible for deposit of ballots. 298 (
b) A supervisor shall designate each drop box site at 299 least 30 days before an election. The supervisor shall provide 300 the address of each drop box location to the division at least 301 30 days before an election. After a drop box location has been 302 designated, it may not be moved or changed except as approved by 303 the division to correct a violation of this subsection. 304 (c)1. On each day of early voting, all drop boxes must be 305 emptied at the end of early voting hours and all ballots 306 retrieved from the drop boxes must be returned to the 307 supervisor’s office. 308 2.
For drop boxes located at an office of the supervisor, 309 all ballots must be retrieved before the drop box is no longer 310 monitored by an employee of the supervisor. 311 3. Employees of the supervisor must comply with procedures 312 for the chain of custody of ballots as required by s. 313 101.015(4). 314
(3) If any drop box is left accessible for ballot receipt 315 other than as authorized by this section, the s upervisor is 316 subject to a civil penalty of $25,000. The division is 317 authorized to enforce this provision. 318
Section 9. Paragraphs (a), (b), and (
e) of subsection (4) 319
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section 102.031, Florida Statutes, are amended to read: 320 102.031 Maintenance of good order at polls; authorities; 321 persons allowed in polling rooms and early voting areas; 322 unlawful solicitation of voters.— 323 (4)(
a) No person, political committee, or other group or 324 organization may solicit voters inside the polling place or 325 within 150 feet of a drop box or the entrance to any polling 326 place, a polling room where the polling place is also a polling 327 room, an early voting site, or an office of the supervisor where 328 vote-by-mail ballots are requested and printed on demand for the 329 convenience of electors who appear in person to request them. 330 Before the opening of a drop box location, a polling place, or 331 an early voting site, the clerk or supervisor shall designate 332 the no-solicitation zone and mark the boundaries. 333 (
b) For the purpose of this subsection, the terms “solicit” 334 or “solicitation” shall include, but not be limited to, seeking 335 or attempting to seek any vote, fact, opinion, or contribution; 336 distributing or attempting to distribute any political or 337 campaign material, leaflet, or handout; conducting a poll except 338 as specified in this paragraph; seeking or attempting to seek a 339 signature on any petition; and selling or attempting to sell any 340 item; and engaging in any activity with the intent to influence 341 or effect of influencing a voter.
The terms “solicit” or 342 “solicitation” may not be construed to prohibit an employee of, 343 or a volunteer with, the supervisor from providing nonpartisan 344 assistance to voters within the no-solicitation zone such as, 345 but not limited to, giving items to voters, or to prohibit e xit 346 polling. 347 (
e) The owner, operator, or lessee of the property on which 348
Florida Senate - 2022 SB 1722 35-01167A-22 20221722__ Page 13 of 13 CODING: Words stricken are deletions; words underlined are additions. a polling place or an early voting site is located, or an agent 349 or employee thereof, may not prohibit the solicitation of voters 350 by a candidate or a candidate’s designee outside of the no-351 solicitation zone during polling hours. 352