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The Florida Election Code Chapters 97 –106, Florida Statutes

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The Florida Election Code Chapters 97 –106, Florida Statutes The Florida Election Code Chapters 97 –106, Florida Statutes October 2020 TITLE IX ELECTORS AND ELECTIONS CHAPTER 97 QUALIFICATION AND REGISTRATION OF ELECTORS PART I GENERAL PROVISIONS (ss. 97.011-97.028) PART II FLORIDA VOTER REGISTRATION ACT (ss. 97.032-97.105) PART I (5) Provide technical assistance to the supervisors of elections on voting systems. GENERAL PROVISIONS (6) Provide voter education assistance to the public. (7) Coordinate the state's responsibilities under the 97.011 Short title. National Voter Registration Act of 1993. 97.0115 Preemption. (8) Provide training to all affected state agencies on 97.012 Secretary of State as chief election officer. the necessary procedures for proper implementation of 97.021 Definitions. this chapter. 97.023 Procedures on complaints of violations. (9) Ensure that all registration applications and 97.025 Election Code; copies thereof. forms prescribed or approved by the department are 97.026 Forms to be available in alternative formats in compliance with the Voting Rights Act of 1965 and the and via the Internet. National Voter Registration Act of 1993. 97.028 Procedures on complaints of violations of (10) Coordinate with the United States Department of Title III of the Help America Vote Act of Defense so that armed forces recruitment offices 2002. administer voter registration in a manner consistent with the procedures set forth in this code for voter 97.011 Short title.ÐChapters 97-106 inclusive shall be known and may be cited as ªThe Florida registration agencies. Election Code.º (11) Create and administer a statewide voter regis- History.Ðs. 1, ch. 26870, 1951; s. 1, ch. 65-60; s. 1, ch. 77-175. tration system as required by the Help America Vote Act of 2002. The secretary may delegate voter registration 97.0115 Preemption.ÐAll matters set forth in duties and records maintenance activities to voter chapters 97-105 are preempted to the state, except registration officials. Any responsibilities delegated by as otherwise specifically authorized by state or federal the secretary shall be performed in accordance with law. The conduct of municipal elections shall be state and federal law. governed by s. 100.3605. (12) Maintain a voter fraud hotline and provide History.Ðs. 1, ch. 2010-167. election fraud education to the public. (13) Designate an office within the department to be 97.012 Secretary of State as chief election offi- responsible for providing information regarding voter cer.ÐThe Secretary of State is the chief election officer registration procedures and vote-by-mail ballot proce- of the state, and it is his or her responsibility to: dures to absent uniformed services voters and overseas (1) Obtain and maintain uniformity in the interpreta- voters. tion and implementation of the election laws. In order to (14) Bring and maintain such actions at law or in obtain and maintain uniformity in the interpretation and implementation of the election laws, the Department of equity by mandamus or injunction to enforce the State may, pursuant to ss. 120.536(1) and 120.54, performance of any duties of a county supervisor of adopt by rule uniform standards for the proper and elections or any official performing duties with respect to equitable interpretation and implementation of the chapters 97 through 102 and 105 or to enforce requirements of chapters 97 through 102 and 105 of compliance with a rule of the Department of State the Election Code. adopted to interpret or implement any of those chapters. (2) Provide uniform standards for the proper and (a) Venue for such actions shall be in the Circuit equitable implementation of the registration laws by Court of Leon County. administrative rule of the Department of State adopted (b) When the secretary files an action under this pursuant to ss. 120.536(1) and 120.54. section and not more than 60 days remain before an (3) Actively seek out and collect the data and election as defined in s. 97.021, or during the time statistics necessary to knowledgeably scrutinize the period after the election and before certification of the effectiveness of election laws. election pursuant to s. 102.112 or s. 102.121, the court, (4) Provide technical assistance to the supervisors including an appellate court, shall set an immediate of elections on voter education and election personnel hearing, giving the case priority over other pending training services. cases. 1 Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2020 (c) Prior to filing an action to enforce performance of (a) ªMarksense ballotsº means that printed sheet of the duties of the supervisor of elections or any official paper, used in conjunction with an electronic or described in this subsection, the secretary or his or her electromechanical vote tabulation voting system, con- designee first must confer, or must make a good faith taining the names of candidates, or a statement of attempt to confer, with the supervisor of elections or the proposed constitutional amendments or other questions official to ensure compliance with chapters 97 through or propositions submitted to the electorate at any 102 and 105 or the rules of the Department of State election, on which sheet of paper an elector casts his adopted under any of those chapters. or her vote. (15) Conduct preliminary investigations into any (b) ªElectronic or electromechanical devicesº irregularities or fraud involving voter registration, voting, means a ballot that is voted by the process of electro- candidate petition, or issue petition activities and report nically designating, including by touchscreen, or mark- his or her findings to the statewide prosecutor or the ing with a marking device for tabulation by automatic state attorney for the judicial circuit in which the alleged tabulating equipment or data processing equipment. violation occurred for prosecution, if warranted. The (7) ªCandidateº means any person to whom any one Department of State may prescribe by rule require- or more of the following applies: ments for filing an elections-fraud complaint and for (a) Any person who seeks to qualify for nomination investigating any such complaint. or election by means of the petitioning process. (16) Provide written direction and opinions to the (b) Any person who seeks to qualify for election as a supervisors of elections on the performance of their write-in candidate. official duties with respect to the Florida Election Code (c) Any person who receives contributions or makes or rules adopted by the Department of State. expenditures, or gives his or her consent for any other (17) Provide formal signature matching training to person to receive contributions or make expenditures, supervisors of elections and county canvassing board with a view to bringing about his or her nomination or members. election to, or retention in, public office. History.Ðs. 1, ch. 75-98; s. 21, ch. 84-302; s. 2, ch. 89-348; s. 1, ch. 90-315; s. 2, ch. 94-224; s. 1381, ch. 95-147; s. 34, ch. 97-13; s. 1, ch. 98-129; s. 1, ch. (d) Any person who appoints a treasurer and 2003-415; s. 1, ch. 2005-277; s. 1, ch. 2005-278; s. 1, ch. 2008-95; s. 1, ch. 2011-40; s. 1, ch. 2016-37; s. 1, ch. 2019-162. designates a primary depository. (e) Any person who files qualification papers and 97.021 Definitions.ÐFor the purposes of this subscribes to a candidate's oath as required by law. code, except where the context clearly indicates other- However, this definition does not include any candidate wise, the term: for a political party executive committee. (1) ªAbsent electorº means any registered and qualified voter who casts a vote-by-mail ballot. (8) ªDepartmentº means the Department of State. (2) ªAbsent uniformed services voterº means: (9) ªDivisionº means the Division of Elections of the (a) A member of a uniformed service on active duty Department of State. who, by reason of such active duty, is absent from the (10) ªEarly votingº means casting a ballot prior to place of residence where the member is otherwise election day at a location designated by the supervisor qualified to vote; of elections and depositing the voted ballot in the (b) A member of the merchant marine who, by tabulation system. reason of service in the merchant marine, is absent from (11) ªEarly voting areaº means the area designated the place of residence where the member is otherwise by the supervisor of elections at an early voting site at qualified to vote; or which early voting activities occur, including, but not (c) A spouse or dependent of a member referred to limited to, lines of voters waiting to be processed, the in paragraph (a) or paragraph (b) who, by reason of the area where voters check in and are processed, and the active duty or service of the member, is absent from the area where voters cast their ballots. place of residence where the spouse or dependent is (12) ªEarly voting siteº means those locations spec- otherwise qualified to vote. ified in s. 101.657 and the building in which early voting (3) ªAddress of legal residenceº means the legal occurs. residential address of the elector and includes all (13) ªElectionº means any primary election, special information necessary to differentiate one residence primary election, special election, general election, or from another, including, but not limited to, a distinguish- presidential preference primary election. ing apartment, suite, lot, room, or dormitory room (14) ªElection boardº means the clerk and inspectors number or other identifier. appointed to conduct an election. (4) ªAlternative formatsº has the meaning ascribed (15) ªElection costsº shall include, but not be limited in the Americans with Disabilities Act of 1990, Pub.
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