Supervisor of Elections Brevard County, Florida

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2005 Election Law Changes

The 2005 session of the Florida Legislature passed several election reform bills (HB 1567, HB 1589, HB 1591 and HB 1673) which were signed into law on June 20 (HB 1567, 1589 and 1591) and June 22 (HB 1673). These bills made numerous changes to the state election laws as noted below. The bill number and the revised or added Florida Statute section number are included with a description of the various changes. The list below is not a complete listing of changes -- please refer to the bills themselves for complete information.

The following provisions of the bills take effect July 1, 2005:

• Prohibits anyone from soliciting a voter at a polling place, early voting site, or within 100 feet of such locations, in an effort to provide the voter with assistance in casting their vote. (HB 1567) (FS 101.051)
• Provides that a ballot cast by a voter who dies after casting an absentee ballot will be counted if the voter was otherwise qualified and if the ballot was postmarked, date-stamped by a common carrier, or in the possession of the supervisor prior to the death. Clarifies that an absentee ballot that is received by the supervisor of elections is deemed cast and changes or additions may not be made to the voter's certificate. (HB 1567) (FS 101.68)

• Permanently eliminates the second primary election and provides for nine weeks between the primary and general election, as well as makes numerous conforming changes to the Florida Election Code, such as repealling the 45-day overseas advance balloting system for the second primary and general elections. (HB 1673) (various FS sections)
• Gives the Secretary of State authority to bring and maintain actions at law or by mandamus or injunction to enforce the performance of any duties of a county supervisor of elections or any election official performing duties with respect to chs. 97-102 and ch. 105, F.S., or to enforce compliance with department rules. The Secretary is required to confer or make a good faith effort to confer with the affected election official prior to initiating legal action. Expands the rulemaking authority of the Department of State to encompass the interpretation and implementation of any provision of the Election Code. (HB 1589) (FS 97.012)
• Modifies the voter registration application by removing the reference to homestead exemption, clarifying the questions relating to citizenship, felon status and mental competency, and modifying the statement regarding the requirement for first time voters who register by mail. (HB 1567) (FS 97.052)
• Clarifies that a mark must be placed by a voter registration applicant in the various check boxes on the voter registration application affirming the applicant’s eligibility in order for an application to be complete. (HB 1589) (FS 97.053)
• Clarifies that voters who register by mail and have not been issued a Florida driver's license, Florida identification card or social security number must provide identification prior to voting for the first time in the state. Eliminates Florida driver's license, Florida identification card and entertainment club card as acceptible forms of identification for this purpose. (HB 1589) (FS 97.0535)
• Regulates voter registration activities by third-party voter registration organizations. It also removes the affirmation of citizenship that is contained in the oath a voter must sign on a voter registration application. (HB 1567) (FS 97.0575 and 97.051)
• Makes a voter’s social security number, driver’s license number, and Florida identification number of a voter confidential and exempt from disclosure. Reenacts existing public records exemptions for declinations to register to vote, and information relating to the place where a person registered or updated a voter registration. Deletes a current exemption that bans the copying of a voter’s telephone number. (HB 1591) (FS 97.0585)
• Renames the voter identification card as the voter information card and eliminates the race or ethnicity, sex and voter's signature as mandatory items on the card. Requires supervisor's contact information to be on the card. (HB 1589) (FS 97.071)
• Stipulates that if a voter changes his or her address within the county, the voter can call, e-mail or write with supervisor with new information, but if the address change is from one county to another, the voter registration application form must be used. (HB 1589) (FS 97.1031)
• Requires signature updates to be made using a voter registration application form. Requires that all signature updates for use in verifying absentee and provisional ballots be received by the supervisor by the start of the canvassing of absentee ballots. (HB 1589) (FS 98.077)
• Changes the qualifying date for persons seeking the office of Public Defender and State Attorney to coincide with the qualifying dates for judicial office. (HB 1589) (FS 99.061)
• Revises the alternative method of qualifying by renaming it the petition process. Removes the requirement that a candidate file and oath indicating that he or she plans to qualify by petition. Removes the restriction that candidates cannot circulate petitions before the first Tuesday after the first Monday in January and replaces it with a requirement that paperwork designating the candidate's campaign treasurer must be filed before a candidate can circulate petitions. Requires candidates to print his or her own petitons using the format adopted by the department. Moves the deadline for candidates to submit petitions to supervisors and for supervisors to certify valid number of petitions up one week. (HB 1567) (FS 99.095)
• Allows the political party to nominate a replacement candidate if a vacancy occurs in nomination for any reason. (HB 1567) (FS 100.111)
• Revises the Voter's Bill of Rights to remove the provision that the voter can prove his or her identity by signing an affidavit. (HB 1567) (FS 101.031)
• Sets forth the list of allowable photo identifications for voting, which no longer includes entertainment identification cards. Allows the supervisor to use an electronic device to capture the signature of the voter. (HB 1589) (FS 101.043)
• Removes the provision allowing a voter to sign an affidavit if his or her identity is in question. Requires the voter to vote a provisional ballot. (HB 1567) (FS 101.043)
• Allows voters who move within the state to vote in their new precinct even if they have not submitted a change of address prior to the election. (HB 1589) (FS 101.045)
• Permits a person casting a provisional ballot to present written evidence supporting his or her eligibility to vote to the supervisor no later than 5 p.m. on the third day following an election. It also permits any elector or poll watcher to challenge the right of any voter to vote 30 days or less before an election by filing a completed copy of the oath, and provides a penalty for a voter or poll watcher who files a frivolous challenge. However, an elector or poll watcher is not subject to liability for any action taken in good faith and in furtherance of any activity or duty permitted of such elector or poll watcher by law. Each instance where any elector or poll watcher files a frivolous challenge of any person’s right to vote constitutes a separate offense. (HB 1567) (FS 101.048 and 101.111)
• Requires a disability compliant voting machine in each polling place, rather than in each precinct. (HB 1589) (FS 101.56062)
• Permits any employee of the Department of State, with expertise in the matter of concern to the Secretary, to have full access to all premises, records, equipment, and staff of a supervisor of elections, upon the written direction of the Secretary of State. (HB 1567) (FS 101.58)
• Requires a voter’s request for an absentee ballot to be received by the supervisor no later than 5 p.m. on the sixth day prior to the election, and requires a supervisor to mail an absentee ballot to the voters requesting ballots no later than four days before the election. The bill also requires a supervisor to track when a ballot is delivered to a voter, or the voter’s designee, or when the ballot was delivered to the post office. (HB 1567) (FS 101.62)
• Requires supervisors of elections to designate early voting sites no later than 30 days before an election, and requires all early voting sites in a county to be open on the same days for the same amount of time. In addition, the bill permits poll watchers at early voting areas, and allows political committees registered to support or oppose a ballot issue to have one watcher in each polling room and early voting area. Designates that early voting ends the Sunday before the election. Limits early voting to eight hours a day between 7 AM and 7 PM during weekdays and a total of eight hours on each weekend. (HB 1567) (FS 101.657)
• Prohibits the solicitation of voters inside the polling place or within 100 feet of the entrance to a polling place or early voting site, and removes all exceptions to the no-solicitation zone. Prohibits photography in the polling room or early voting area. Clarifies that voters may not speak with anyone while in the voting booth. (HB 1567) (FS 102.031)
• Prohibits a manual recount from being ordered if the number of overvotes, undervotes, and provisional ballots is fewer than the number of votes needed to change the outcome of the election. The bill also removes the provision allowing a candidate who was defeated by between one-quarter and one-half percent of the votes from requesting a manual recount. (HB 1567) (FS 102.166)
• Restricts candidates for statewide office from accepting contributions from national or state political parties, including subordinate committees, when the aggregate contribution exceeds $250,000, no more than $125,000 of which may be accepted prior to the 28-day period immediately preceding the date of the general elections. (HB 1589) (FS 106.08)
• Prohibits a political party from accepting an in-kind contribution that does not provide a direct benefit to the political party. (HB 1567) (FS 106.08)
• Revises the method of calculating a candidate’s expenditures, if the candidate is requesting contributions from the Election Campaign Financing Trust Fund. For any candidate who requests contributions from the "Election Campaign Financing Trust Fund," the total expenditure limit is increased for a candidate for Governor and Lieutenant Governor from $5 million to $2 dollars for each Florida-registered voter, and for Cabinet officers from $2 million to $1 dollar for each Florida-registered voter. (HB 1589) (FS 106.34)
• Exempts from disclosure address information in voter registration records for participants in the Address Confidentiality Program for Victims of Domestic Violence. (HB 1591) (FS 741.465)

• Requires the Department of State to provide a report of specific voter information to the Legislature within certain timeframes. (HB 1589) (FS 98.0981)
• Requires the reporting of election results by precinct. (HB 1589) (FS 101.573)