Bill Text: FL H0131 | 2010 | Regular Session | Engrossed

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Bill Title: Elections [GPSC]

Spectrum: Partisan Bill (Republican 8-0)

Status: (Passed) 2010-05-28 - Approved by Governor; Chapter No. 2010-167 [H0131 Detail]

Download: Florida-2010-H0131-Engrossed.html

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CS/CS/HB 131

1	A bill to be entitled
2	An act relating to elections; creating s. 97.0115, F.S.;
3	providing that all matters in chapters 97 through 105,
4	F.S., are preempted to the state, unless otherwise
5	specified; amending s. 97.021, F.S.; defining the term
6	"absent uniformed services voter"; revising the definition
7	of the term "overseas voter"; amending s. 98.0981, F.S.,
8	relating to statewide voter information; conforming a
9	cross-reference; ; amending s. 101.111, F.S.; revising
10	voter challenge oath requirements; providing circumstances
11	under which a challenged voter may execute a change of
12	legal residence, be directed to the proper precinct, or
13	vote a provisional ballot; amending s. 101.56075, F.S.;
14	extending the deadline by which persons with disabilities
15	will be required to vote on voter interface devices
16	meeting specified requirements; amending s. 101.5612,
17	F.S.; requiring the supervisor of elections to publish on
18	his or her website a notice of testing of tabulating
19	equipment; requiring the use of certain ballots and
20	technology for preelection testing of tabulating
21	equipment; amending s. 101.62, F.S.; requiring the
22	supervisor of elections to notify the absent uniformed
23	services voter and overseas voter of the free access
24	system for determining absentee ballot status; providing a
25	timeframe for an absentee ballot to be sent to each absent
26	uniformed services voter and overseas voter; providing
27	acceptable formats for requesting an absentee ballot;
28	modifying circumstances under which the department is
29	authorized to prescribe rules for a ballot to be sent to
30	absent uniformed services voters and overseas voters;
31	amending s. 101.694, F.S.; requiring a supervisor to send
32	absentee ballots by specified means to certain persons
33	upon receipt of a federal postcard application; deleting
34	provisions relating to the period for which an absentee
35	ballot request is valid; amending s. 101.6952, F.S.;
36	revising responsibilities of the supervisor of elections
37	when an absent uniformed services voter's or overseas
38	voter's request for an absentee ballot includes an e-mail
39	address; requiring the supervisor to record the e-mail
40	address in the absentee ballot record and, via e-mail,
41	confirm that the request was received, inform the voter of
42	the estimated date the absentee ballot will be sent, and
43	notify the voter when the voted absentee ballot is
44	received; amending s. 101.71, F.S.; requiring the
45	supervisor of elections to ensure the provision of
46	adequate supplies, equipment, and personnel when precincts
47	are collocated; requiring the supervisor of elections to
48	publish the relocation of a polling place on his or her
49	website; amending s. 102.012, F.S.; allowing the
50	supervisor of elections to appoint one election board for
51	collocated precincts and requiring the appointment of
52	adequate personnel for the collocated precincts; amending
53	s. 102.111, F.S.; clarifying that the Governor and Cabinet
54	members shall serve ex officio on the Elections Canvassing
55	Commission; establishing meeting times for the commission;
56	amending s. 102.112, F.S.; conforming a cross-reference;
57	amending s. 102.141, F.S.; requiring the supervisor of
58	elections to publish on his or her website notice of the
59	time for canvassing absentee and provisional ballots;
60	providing circumstances under which the Secretary of
61	State, county canvassing board, or local board is
62	responsible for ordering recounts in elections; specifying
63	the time for filing returns for elections in which a
64	recount was ordered; amending s. 102.166, F.S.; providing
65	circumstances under which the Secretary of State, county
66	canvassing board, or local board is responsible for
67	ordering a manual recount of overvotes and undervotes;
68	amending s. 106.25, F.S.; authorizing the Florida
69	Elections Commission to determine whether a person's
70	conduct was willful in an informal hearing following a
71	finding of probable cause; providing a short title;
72	amending s. 106.143, F.S.; providing an alternative
73	statement that may be used to identify a candidate as the
74	sponsor of a political advertisement under certain
75	circumstances; providing circumstances under which certain
76	campaign messages and political advertisements are not
77	required to state or display specific information
78	regarding the identity of the candidate, his or her party
79	affiliation, and the office sought in the message or
80	advertisement; authorizing a candidate or political
81	committee to place a statement on a social networking
82	website or account indicating that the site or account is
83	an official site or account approved by the candidate or
84	political committee; prohibiting an official designation
85	without the prior approval by the candidate or political
86	committee; amending s. 106.011, F.S.; revising the
87	definition of the term "political committee" to remove
88	certain reporting requirements included in the exclusion
89	of electioneering communications organizations from the
90	definition; revising the definition of the term "filing
91	officer" to expand applicability to electioneering
92	communications organizations; revising the definition of
93	the term "electioneering communication" to conform to
94	certain federal requirements and to delineate what
95	constitutes such a communication; revising the definition
96	of the term "electioneering communications organization";
97	amending s. 106.03, F.S.; revising the registration
98	requirements for electioneering communications
99	organizations; revising the statement of organization
100	requirements; revising rule adoption requirements relating
101	to dissolution of political committees and electioneering
102	communications organizations; amending s. 106.0703, F.S.;
103	consolidating reporting requirements in ch. 106, F.S.,
104	applicable to electioneering communications organizations;
105	providing penalties; conforming provisions; prohibiting
106	the use of credit cards by electioneering communications
107	organizations; amending s. 106.0705, F.S., relating to
108	electronic filing of campaign treasurer's reports;
109	conforming provisions; amending s. 106.071, F.S.;
110	increasing the aggregate amount of expenditures required
111	for filing certain reports related to independent
112	expenditures or electioneering communications; amending s.
113	106.08, F.S.; removing certain limitations on
114	contributions received by an electioneering communications
115	organization; amending s. 106.1439, F.S.; providing
116	identification requirements for certain electioneering
117	communications; providing an exception for telephone
118	calls; amending s. 106.147, F.S., relating to telephone
119	solicitation disclosure requirements; removing
120	requirements relating to electioneering communication, to
121	conform; reenacting ss. 106.011(1)(b), (3), (4), (18), and
122	(19), 106.022(1), 106.03(1)(b), 106.04(5), 106.0703,
123	106.0705(2)(b), 106.071(1), 106.08(7), 106.1437, 106.1439,
124	and 106.17, F.S., relating to definitions, registered
125	office and agent requirements, registration requirements,
126	prohibited activities for committees of continuous
127	existence, additional reporting requirements, electronic
128	filing requirements, expenditure reports, penalties for
129	violations pertaining to limitations on contributions,
130	miscellaneous advertisements, electioneering
131	communications disclaimers and penalties for failure to
132	include disclaimers, and polls and surveys pertaining to
133	candidacies, to cure and conform; amending s. 379.352,
134	F.S., relating to recreational licenses and permits;
135	conforming cross-references; providing effective dates.
136
137	Be It Enacted by the Legislature of the State of Florida:
138
139	Section 1. Section 97.0115, Florida Statutes, is created
140	to read:
141	97.0115 Preemption.-All matters set forth in chapters 97-
142	105 are preempted to the state, except as otherwise specifically
143	authorized by state or federal law. The conduct of municipal
144	elections shall be governed by s. 100.3605.
145	Section 2. Present subsections (2) through (43) of section
146	97.021, Florida Statutes, are renumbered as subsections (3)
147	through (44), respectively, a new subsection (2) is added to
148	that section, and present subsection (22) of that section is
149	amended, to read:
150	97.021 Definitions.-For the purposes of this code, except
151	where the context clearly indicates otherwise, the term:
152	(2) "Absent uniformed services voter" means:
153	(a) A member of a uniformed service on active duty who, by
154	reason of such active duty, is absent from the place of
155	residence where the member is otherwise qualified to vote;
156	(b) A member of the merchant marine who, by reason of
157	service in the merchant marine, is absent from the place of
158	residence where the member is otherwise qualified to vote; or
159	(c) A spouse or dependent of a member referred to in
160	paragraph (a) or paragraph (b) who, by reason of the active duty
161	or service of the member, is absent from the place of residence
162	where the spouse or dependent is otherwise qualified to vote.
163	(23)(22) "Overseas voter" means:
164	(a) An absent uniformed services voter who, by reason of
165	active duty or service, is absent from the United States on the
166	date of the election involved Members of the uniformed services
167	while in the active service who are permanent residents of the
168	state and are temporarily residing outside the territorial
169	limits of the United States and the District of Columbia;
170	(b) A person who resides outside the United States and is
171	qualified to vote in the last place in which the person was
172	domiciled before leaving the United States Members of the
173	Merchant Marine of the United States who are permanent residents
174	of the state and are temporarily residing outside the
175	territorial limits of the United States and the District of
176	Columbia; or and
177	(c) A person who resides outside the United States and,
178	but for such residence, would be qualified to vote in the last
179	place in which the person was domiciled before leaving the
180	United States Other citizens of the United States who are
181	permanent residents of the state and are temporarily residing
182	outside the territorial limits of the United States and the
183	District of Columbia,
184
185	who are qualified and registered to vote as provided by law.
186	Section 3. Subsection (3) of section 98.0981, Florida
187	Statutes, is amended to read:
188	98.0981 Reports; voting history; statewide voter
189	registration system information; precinct-level election
190	results; book closing statistics.-
191	(3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.-After the date
192	of book closing but before the date of an election as defined in
193	s. 97.021 s. 97.021(10) to fill a national, state, county, or
194	district office, or to vote on a proposed constitutional
195	amendment, the department shall compile the following precinct-
196	level statistical data for each county:
197	(a) Precinct numbers.
198	(b) Total number of active registered voters by party for
199	each precinct.
200	Section 4. Section 101.111, Florida Statutes, is amended
201	to read:
202	101.111 Voter challenges Person desiring to vote may be
203	challenged; challenger to execute oath; oath of person
204	challenged; determination of challenge.-
205	(1)(a) Any registered elector or poll watcher of a county
206	may challenge the right of a person to vote in that county. The
207	challenge must be in writing and contain the following oath,
208	which shall be delivered to the clerk or inspector:
209	OATH OF PERSON ENTERING CHALLENGE
210
211	State of Florida
212	County of ....
213
214	I do solemnly swear or affirm that my name is ....; that I am a
215	member of the .... Party; that I am a registered voter or
216	pollwatcher; that my residence address is ...., in the
217	municipality of ....; and that I have reason to believe that
218	.... is attempting to vote illegally and the reasons for my
219	belief are set forth herein to wit:
220
221
222	...(Signature of person challenging voter)...
223
224	Sworn and subscribed to before me this .... day of ....,
225	...(year)....
226	...(Clerk of election)...
227	(b)1. The clerk or inspector shall immediately deliver to
228	the challenged person a copy of the oath of the person entering
229	the challenge, and the challenged voter shall be allowed to cast
230	a provisional ballot in accordance with s. 101.048, except as
231	provided in subparagraph 2.
232	2. If the basis for the challenge is that the person's
233	legal residence is not in that precinct, the person shall first
234	be given the opportunity to execute a change of legal residence
235	in order to be able to vote a regular ballot in accordance with
236	s. 101.045(2). If the change of legal residence is such that the
237	person is then properly registered for that precinct, the person
238	shall be allowed to vote a regular ballot. If the change of
239	legal residence places the person in another precinct, the
240	person shall be directed to the proper precinct to vote. If such
241	person insists that he or she is currently in the proper
242	precinct, the person shall be allowed to vote a provisional
243	ballot in accordance with s. 101.048.
244	(c) Alternatively, a challenge in accordance with this
245	section may be filed in advance with the supervisor of elections
246	no sooner than 30 days before an election. The supervisor shall
247	promptly provide the election board in the challenged voter's
248	precinct with a copy of the oath of the person entering the
249	challenge. The challenged voter shall be allowed to cast a
250	provisional ballot in accordance with s. 101.048, subject to the
251	provisions of subparagraph (b)2.
252	(2) Any elector or poll watcher filing a frivolous
253	challenge of any person's right to vote commits a misdemeanor of
254	the first degree, punishable as provided in s. 775.082 or s.
255	775.083; however, electors or poll watchers shall not be subject
256	to liability for any action taken in good faith and in
257	furtherance of any activity or duty permitted of such electors
258	or poll watchers by law. Each instance where any elector or poll
259	watcher files a frivolous challenge of any person's right to
260	vote constitutes a separate offense.
261	Section 5. Subsection (3) of section 101.56075, Florida
262	Statutes, is amended to read:
263	101.56075 Voting methods.-
264	(3) By 2016 2012, persons with disabilities shall vote on
265	a voter interface device that meets the voter accessibility
266	requirements for individuals with disabilities under s. 301 of
267	the federal Help America Vote Act of 2002 and s. 101.56062 which
268	are consistent with subsection (1) of this section.
269	Section 6. Subsections (2) and (5) of section 101.5612,
270	Florida Statutes, are amended to read:
271	101.5612 Testing of tabulating equipment.-
272	(2) On any day not more than 10 days prior to the
273	commencement of early voting as provided in s. 101.657, the
274	supervisor of elections shall have the automatic tabulating
275	equipment publicly tested to ascertain that the equipment will
276	correctly count the votes cast for all offices and on all
277	measures. If the ballots to be used at the polling place on
278	election day are not available at the time of the testing, the
279	supervisor may conduct an additional test not more than 10 days
280	before election day. Public notice of the time and place of the
281	test shall be given at least 48 hours prior thereto by
282	publication on the supervisor of elections' website and once in
283	one or more newspapers of general circulation in the county or,
284	if there is no newspaper of general circulation in the county,
285	by posting the notice in at least four conspicuous places in the
286	county. The supervisor or the municipal elections official may,
287	at the time of qualifying, give written notice of the time and
288	location of the public preelection test to each candidate
289	qualifying with that office and obtain a signed receipt that the
290	notice has been given. The Department of State shall give
291	written notice to each statewide candidate at the time of
292	qualifying, or immediately at the end of qualifying, that the
293	voting equipment will be tested and advise each candidate to
294	contact the county supervisor of elections as to the time and
295	location of the public preelection test. The supervisor or the
296	municipal elections official shall, at least 15 days prior to
297	the commencement of early voting as provided in s. 101.657, send
298	written notice by certified mail to the county party chair of
299	each political party and to all candidates for other than
300	statewide office whose names appear on the ballot in the county
301	and who did not receive written notification from the supervisor
302	or municipal elections official at the time of qualifying,
303	stating the time and location of the public preelection test of
304	the automatic tabulating equipment. The canvassing board shall
305	convene, and each member of the canvassing board shall certify
306	to the accuracy of the test. For the test, the canvassing board
307	may designate one member to represent it. The test shall be open
308	to representatives of the political parties, the press, and the
309	public. Each political party may designate one person with
310	expertise in the computer field who shall be allowed in the
311	central counting room when all tests are being conducted and
312	when the official votes are being counted. The designee shall
313	not interfere with the normal operation of the canvassing board.
314	(5) Any tests involving marksense ballots pursuant to this
315	section shall employ test preprinted ballots created by the
316	supervisor of elections using actual ballots that have been
317	printed for the election., If preprinted ballots will be used in
318	the election, and ballot-on-demand ballots will be used in the
319	election, the supervisor shall also create test ballots using
320	the, if ballot-on-demand technology that will be used to produce
321	ballots in the election, using the same paper stock as will be
322	used for ballots in the election or both.
323	Section 7. Subsections (1), (3), (4), and (5) of section
324	101.62, Florida Statutes, are amended to read:
325	101.62 Request for absentee ballots.-
326	(1)(a) The supervisor shall may accept a request for an
327	absentee ballot from an elector in person or in writing. Except
328	as provided in s. 101.694, One request shall be deemed
329	sufficient to receive an absentee ballot for all elections
330	through the next two regularly scheduled general election
331	elections, unless the elector or the elector's designee
332	indicates at the time the request is made the elections for
333	which the elector desires to receive an absentee ballot. Such
334	request may be considered canceled when any first-class mail
335	sent by the supervisor to the elector is returned as
336	undeliverable.
337	(b) The supervisor may accept a written or telephonic
338	request for an absentee ballot from the elector, or, if directly
339	instructed by the elector, a member of the elector's immediate
340	family, or the elector's legal guardian. For purposes of this
341	section, the term "immediate family" has the same meaning as
342	specified in paragraph (4)(b). The person making the request
343	must disclose:
344	1. The name of the elector for whom the ballot is
345	requested.;
346	2. The elector's address.;
347	3. The elector's date of birth.;
348	4. The requester's name.;
349	5. The requester's address.;
350	6. The requester's driver's license number, if available.;
351	7. The requester's relationship to the elector.; and
352	8. The requester's signature (written requests only).
353	(c) Upon receiving a request for an absentee ballot from
354	an absent voter, the supervisor of elections shall notify the
355	voter of the free access system that has been designated by the
356	department for determining the status of his or her absentee
357	ballot.
358	(3) For each request for an absentee ballot received, the
359	supervisor shall record the date the request was made, the date
360	the absentee ballot was delivered to the voter or the voter's
361	designee or the date the absentee ballot was delivered to the
362	post office or other carrier, the date the ballot was received
363	by the supervisor, and such other information he or she may deem
364	necessary. This information shall be provided in electronic
365	format as provided by rule adopted by the division. The
366	information shall be updated and made available no later than
367	noon of each day beginning 60 days before the primary until 15
368	days after the general election and shall be contemporaneously
369	provided to the division. This information shall be confidential
370	and exempt from the provisions of s. 119.07(1) and shall be made
371	available to or reproduced only for the voter requesting the
372	ballot, a canvassing board, an election official, a political
373	party or official thereof, a candidate who has filed
374	qualification papers and is opposed in an upcoming election, and
375	registered political committees or registered committees of
376	continuous existence, for political purposes only.
377	(4)(a) No later than 45 days before each election, the
378	supervisor of elections shall send an absentee ballot as
379	provided in subparagraph (b)2. to each absent uniformed services
380	voter and to each overseas voter who has requested an absentee
381	ballot. To each absent qualified elector overseas who has
382	requested an absentee ballot, the supervisor of elections shall
383	mail an absentee ballot not less than 35 days before the primary
384	election and not less than 45 days before the general election.
385	(b) The supervisor shall provide an absentee ballot to
386	each elector by whom a request for that ballot has been made by
387	one of the following means:
388	1. By nonforwardable, return-if-undeliverable mail to the
389	elector's current mailing address on file with the supervisor,
390	unless the elector specifies in the request that:
391	a. The elector is absent from the county and does not plan
392	to return before the day of the election;
393	b. The elector is temporarily unable to occupy the
394	residence because of hurricane, tornado, flood, fire, or other
395	emergency or natural disaster; or
396	c. The elector is in a hospital, assisted living facility,
397	nursing home, short-term medical or rehabilitation facility, or
398	correctional facility,
399
400	in which case the supervisor shall mail the ballot by
401	nonforwardable, return-if-undeliverable mail to any other
402	address the elector specifies in the request.
403	2. By forwardable mail, e-mail, or facsimile machine
404	transmission to absent uniformed services voters and overseas
405	voters who are entitled to vote by absentee ballot under the
406	Uniformed and Overseas Citizens Absentee Voting Act. The absent
407	uniformed services voter or overseas voter may designate in the
408	absentee ballot request the preferred method of transmission. If
409	the voter does not designate the method of transmission, the
410	absentee ballot shall be mailed.
411	3. By personal delivery before 7 p.m. on election day to
412	the elector, upon presentation of the identification required in
413	s. 101.043.
414	4. By delivery to a designee on election day or up to 5
415	days prior to the day of an election. Any elector may designate
416	in writing a person to pick up the ballot for the elector;
417	however, the person designated may not pick up more than two
418	absentee ballots per election, other than the designee's own
419	ballot, except that additional ballots may be picked up for
420	members of the designee's immediate family. For purposes of this
421	section, "immediate family" means the designee's spouse or the
422	parent, child, grandparent, or sibling of the designee or of the
423	designee's spouse. The designee shall provide to the supervisor
424	the written authorization by the elector and a picture
425	identification of the designee and must complete an affidavit.
426	The designee shall state in the affidavit that the designee is
427	authorized by the elector to pick up that ballot and shall
428	indicate if the elector is a member of the designee's immediate
429	family and, if so, the relationship. The department shall
430	prescribe the form of the affidavit. If the supervisor is
431	satisfied that the designee is authorized to pick up the ballot
432	and that the signature of the elector on the written
433	authorization matches the signature of the elector on file, the
434	supervisor shall give the ballot to that designee for delivery
435	to the elector.
436	(5) If In the event that the department Elections
437	Canvassing Commission is unable to certify candidates for the
438	results of an election for a state office in time to comply with
439	paragraph (4)(a) subsection (4), the Department of State is
440	authorized to prescribe rules for a ballot to be sent to absent
441	uniformed services voters and electors overseas voters.
442	Section 8. Subsection (1) of section 101.694, Florida
443	Statutes, is amended to read:
444	101.694 Mailing of ballots upon receipt of federal
445	postcard application.-
446	(1) Upon receipt of a federal postcard application for an
447	absentee ballot executed by a person whose registration is in
448	order or whose application is sufficient to register or update
449	the registration of that person, the supervisor shall send the
450	ballot in accordance with s. 101.62(4) mail to the applicant a
451	ballot, if the ballots are available for mailing. The federal
452	postcard application request for an absentee ballot shall be
453	effective for all elections through the next two regularly
454	scheduled general elections.
455	Section 9. Effective July 1, 2010, section 101.6952,
456	Florida Statutes, is amended to read:
457	101.6952 Absentee ballots for absent uniformed services
458	and overseas voters.-
459	(1) If an absent uniformed services voter's or an overseas
460	voter's request for an absentee ballot includes an e-mail
461	address, the supervisor of elections shall:
462	(a) Record the voter's e-mail address in the absentee
463	ballot record;
464	(b) Confirm by e-mail that the absentee ballot request was
465	received and include in that e-mail the estimated date the
466	absentee ballot will be sent to the voter; and
467	(c) Notify the voter by e-mail when the voted absentee
468	ballot is received by the supervisor of elections inform the
469	voter of the names of candidates who will be on the ballots via
470	electronic transmission. The supervisor of elections shall e-
471	mail to the voter the list of candidates for the primary and
472	general election not later than 30 days before each election.
473	(2) For absentee ballots received from absent uniformed
474	services voters or overseas voters, there is a presumption that
475	the envelope was mailed on the date stated on the outside of the
476	return envelope, regardless of the absence of a postmark on the
477	mailed envelope or the existence of a postmark date that is
478	later than the date of the election.
479	Section 10. Subsection (2) of section 101.71, Florida
480	Statutes, is amended to read:
481	101.71 Polling place.-
482	(2) Notwithstanding the provisions of subsection (1),
483	whenever the supervisor of elections of any county determines
484	that the accommodations for holding any election at a polling
485	place designated for any precinct in the county are unavailable,
486	are inadequate for the expeditious and efficient housing and
487	handling of voting and voting paraphernalia, or do not comply
488	with the requirements of s. 101.715, the supervisor shall, not
489	less than 30 days prior to the holding of an election, provide
490	for the voting place for such precinct to be moved to another
491	site that is accessible to the public on election day in said
492	precinct or, if such is not available, to another site that is
493	accessible to the public on election day in a contiguous
494	precinct. If such action of the supervisor results in the voting
495	place for two or more precincts being located for the purposes
496	of an election in one building, the supervisor of elections
497	shall provide adequate supplies, equipment, and personnel are
498	available to accommodate the voters for the precincts that are
499	collocated voting places for the several precincts involved
500	shall be established and maintained separate from each other in
501	said building. When any supervisor moves any polling place
502	pursuant to this subsection, the supervisor shall, not more than
503	30 days or fewer than 7 days prior to the holding of an
504	election, give notice of the change of the polling place for the
505	precinct involved, with clear description of the voting place to
506	which changed, at least once in a newspaper of general
507	circulation in the said county and on the supervisor of
508	elections' website. A notice of the change of the polling place
509	involved shall be mailed, at least 14 days prior to an election,
510	to each registered elector or to each household in which there
511	is a registered elector.
512	Section 11. Subsection (1) of section 102.012, Florida
513	Statutes, is amended to read:
514	102.012 Inspectors and clerks to conduct elections.-
515	(1)(a) The supervisor of elections of each county, at
516	least 20 days prior to the holding of any election, shall
517	appoint an election board comprised of poll workers who serve as
518	clerks or inspectors for each precinct in the county. The clerk
519	shall be in charge of, and responsible for, seeing that the
520	election board carries out its duties and responsibilities. Each
521	inspector and each clerk shall take and subscribe to an oath or
522	affirmation, which shall be written or printed, to the effect
523	that he or she will perform the duties of inspector or clerk of
524	election, respectively, according to law and will endeavor to
525	prevent all fraud, deceit, or abuse in conducting the election.
526	The oath may be taken before an officer authorized to administer
527	oaths or before any of the persons who are to act as inspectors,
528	one of them to swear the others, and one of the others sworn
529	thus, in turn, to administer the oath to the one who has not
530	been sworn. The oaths shall be returned with the poll list and
531	the returns of the election to the supervisor. In all questions
532	that may arise before the members of an election board, the
533	decision of a majority of them shall decide the question. The
534	supervisor of elections of each county shall be responsible for
535	the attendance and diligent performance of his or her duties by
536	each clerk and inspector.
537	(b) If two or more precincts share the same building and
538	voting place, the supervisor of elections may appoint one
539	election board for the collocated precincts. The supervisor
540	shall provide a sufficient number of poll workers are appointed
541	to adequately handle the processing of the voters in the
542	collocated precincts.
543	Section 12. Section 102.111, Florida Statutes, is amended
544	to read:
545	102.111 Elections Canvassing Commission.-
546	(1) The Elections Canvassing Commission shall consist of
547	the Governor and two members of the Cabinet selected by the
548	Governor, all of whom shall serve ex officio. If a member of the
549	Elections Canvassing commission is unable to serve for any
550	reason, the Governor shall appoint a remaining member of the
551	Cabinet. If there is a further vacancy, the remaining members of
552	the commission shall agree on another elected official to fill
553	the vacancy.
554	(2) The Elections Canvassing Commission shall meet at 9
555	a.m. on the 9th day after a primary election and at 9 a.m. on
556	the 14th day after a general election to, as soon as the
557	official results are compiled from all counties, certify the
558	returns of the election and determine and declare who has been
559	elected for each federal, state, and multicounty office. If a
560	member of a county canvassing board that was constituted
561	pursuant to s. 102.141 determines, within 5 days after the
562	certification by the Elections Canvassing Commission, that a
563	typographical error occurred in the official returns of the
564	county, the correction of which could result in a change in the
565	outcome of an election, the county canvassing board must certify
566	corrected returns to the Department of State within 24 hours,
567	and the Elections Canvassing Commission must correct and
568	recertify the election returns as soon as practicable.
569	(3)(2) The Division of Elections shall provide the staff
570	services required by the Elections Canvassing Commission.
571	Section 13. Subsection (2) of section 102.112, Florida
572	Statutes, is amended to read:
573	102.112 Deadline for submission of county returns to the
574	Department of State.-
575	(2) Returns must be filed by 5 p.m. on the 7th day
576	following a primary election and by noon on the 12th day
577	following the general election. However, the Department of State
578	may correct typographical errors, including the transposition of
579	numbers, in any returns submitted to the Department of State
580	pursuant to s. 102.111(2) s. 102.111(1).
581	Section 14. Subsections (2) and (7) of section 102.141,
582	Florida Statutes, are amended to read:
583	102.141 County canvassing board; duties.-
584	(2) The county canvassing board shall meet in a building
585	accessible to the public in the county where the election
586	occurred at a time and place to be designated by the supervisor
587	of elections to publicly canvass the absentee electors' ballots
588	as provided for in s. 101.68 and provisional ballots as provided
589	by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
590	pursuant to s. 101.049 shall be canvassed in a manner that votes
591	for candidates and issues on those ballots can be segregated
592	from other votes. Public notice of the time and place at which
593	the county canvassing board shall meet to canvass the absentee
594	electors' ballots and provisional ballots shall be given at
595	least 48 hours prior thereto by publication on the supervisor of
596	elections' website and once in one or more newspapers of general
597	circulation in the county or, if there is no newspaper of
598	general circulation in the county, by posting such notice in at
599	least four conspicuous places in the county. As soon as the
600	absentee electors' ballots and the provisional ballots are
601	canvassed, the board shall proceed to publicly canvass the vote
602	given each candidate, nominee, constitutional amendment, or
603	other measure submitted to the electorate of the county, as
604	shown by the returns then on file in the office of the
605	supervisor of elections and the office of the county court
606	judge.
607	(7) If the unofficial returns reflect that a candidate for
608	any office was defeated or eliminated by one-half of a percent
609	or less of the votes cast for such office, that a candidate for
610	retention to a judicial office was retained or not retained by
611	one-half of a percent or less of the votes cast on the question
612	of retention, or that a measure appearing on the ballot was
613	approved or rejected by one-half of a percent or less of the
614	votes cast on such measure, the board responsible for certifying
615	the results of the vote on such race or measure shall order a
616	recount shall be ordered of the votes cast with respect to such
617	office or measure. The Secretary of State Elections Canvassing
618	Commission is the board responsible for ordering recounts in
619	federal, state, and multicounty races recounts. The county
620	canvassing board or the local board responsible for certifying
621	the election is responsible for ordering recounts in all other
622	races. A recount need not be ordered with respect to the returns
623	for any office, however, if the candidate or candidates defeated
624	or eliminated from contention for such office by one-half of a
625	percent or less of the votes cast for such office request in
626	writing that a recount not be made.
627	(a) Each canvassing board responsible for conducting a
628	recount shall put each marksense ballot through automatic
629	tabulating equipment and determine whether the returns correctly
630	reflect the votes cast. If any marksense ballot is physically
631	damaged so that it cannot be properly counted by the automatic
632	tabulating equipment during the recount, a true duplicate shall
633	be made of the damaged ballot pursuant to the procedures in s.
634	101.5614(5). Immediately before the start of the recount, a test
635	of the tabulating equipment shall be conducted as provided in s.
636	101.5612. If the test indicates no error, the recount tabulation
637	of the ballots cast shall be presumed correct and such votes
638	shall be canvassed accordingly. If an error is detected, the
639	cause therefor shall be ascertained and corrected and the
640	recount repeated, as necessary. The canvassing board shall
641	immediately report the error, along with the cause of the error
642	and the corrective measures being taken, to the Department of
643	State. No later than 11 days after the election, the canvassing
644	board shall file a separate incident report with the Department
645	of State, detailing the resolution of the matter and identifying
646	any measures that will avoid a future recurrence of the error.
647	(b) Each canvassing board responsible for conducting a
648	recount where touchscreen ballots were used shall examine the
649	counters on the precinct tabulators to ensure that the total of
650	the returns on the precinct tabulators equals the overall
651	election return. If there is a discrepancy between the overall
652	election return and the counters of the precinct tabulators, the
653	counters of the precinct tabulators shall be presumed correct
654	and such votes shall be canvassed accordingly.
655	(c) The canvassing board shall submit on forms or in
656	formats provided by the division a second set of unofficial
657	returns to the Department of State for each federal, statewide,
658	state, or multicounty office or ballot measure. The returns
659	shall be filed no later than 3 p.m. on the 5th fifth day after
660	any primary election and no later than 3 p.m. on the 9th ninth
661	day after any general election in which a recount was ordered by
662	the Secretary of State conducted pursuant to this subsection. If
663	the canvassing board is unable to complete the recount
664	prescribed in this subsection by the deadline, the second set of
665	unofficial returns submitted by the canvassing board shall be
666	identical to the initial unofficial returns and the submission
667	shall also include a detailed explanation of why it was unable
668	to timely complete the recount. However, the canvassing board
669	shall complete the recount prescribed in this subsection, along
670	with any manual recount prescribed in s. 102.166, and certify
671	election returns in accordance with the requirements of this
672	chapter.
673	(d) The Department of State shall adopt detailed rules
674	prescribing additional recount procedures for each certified
675	voting system, which shall be uniform to the extent practicable.
676	Section 15. Subsection (1) of section 102.166, Florida
677	Statutes, is amended to read:
678	102.166 Manual recounts of overvotes and undervotes.-
679	(1) If the second set of unofficial returns pursuant to s.
680	102.141 indicates that a candidate for any office was defeated
681	or eliminated by one-quarter of a percent or less of the votes
682	cast for such office, that a candidate for retention to a
683	judicial office was retained or not retained by one-quarter of a
684	percent or less of the votes cast on the question of retention,
685	or that a measure appearing on the ballot was approved or
686	rejected by one-quarter of a percent or less of the votes cast
687	on such measure, the board responsible for certifying the
688	results of the vote on such race or measure shall order a manual
689	recount of the overvotes and undervotes cast in the entire
690	geographic jurisdiction of such office or ballot measure shall
691	be ordered unless:. A manual recount may not be ordered,
692	however, if
693	(a) The candidate or candidates defeated or eliminated
694	from contention by one-quarter of 1 percent or fewer of the
695	votes cast for such office request in writing that a recount not
696	be made; or
697	(b) The number of overvotes and, undervotes, and
698	provisional ballots is fewer than the number of votes needed to
699	change the outcome of the election.
700
701	The Secretary of State is responsible for ordering a manual
702	recount for federal, state, and multicounty races. The county
703	canvassing board or local board responsible for certifying the
704	election is responsible for ordering a manual recount for all
705	other races.
706	Section 16. Subsection (3) of section 106.25, Florida
707	Statutes, is amended to read:
708	106.25 Reports of alleged violations to Florida Elections
709	Commission; disposition of findings.-
710	(3) For the purposes of commission jurisdiction, a
711	violation shall mean the willful performance of an act
712	prohibited by this chapter or chapter 104 or the willful failure
713	to perform an act required by this chapter or chapter 104.
714	Willfulness is a determination of fact; however, at the request
715	of the respondent at any time after probable cause is found,
716	willfulness may be considered and determined in an informal
717	hearing before the commission.
718	Section 17. Section 18 of this act may be cited as the
719	"Technology in Elections Act."
720	Section 18. Subsection (1) of section 106.143, Florida
721	Statutes, is amended, present subsection (8) of that section is
722	renumbered as subsection (9), and a new subsection (8) is added
723	to that section, to read:
724	106.143 Political advertisements circulated prior to
725	election; requirements.-
726	(1)(a) Any political advertisement that is paid for by a
727	candidate and that is published, displayed, or circulated before
728	prior to, or on the day of, any election must prominently state:
729	1. "Political advertisement paid for and approved by
730	...(name of candidate)..., ...(party affiliation)..., for
731	...(office sought)...."; or
732	2. "Paid by ...(name of candidate)..., ...(party
733	affiliation)..., for ...(office sought)...."
734	(b) Any other political advertisement published,
735	displayed, or circulated before prior to, or on the day of, any
736	election must prominently:
737	1. Be marked "paid political advertisement" or with the
738	abbreviation "pd. pol. adv."
739	2. State the name and address of the persons sponsoring
740	the advertisement.
741	3.a.(I) State whether the advertisement and the cost of
742	production is paid for or provided in kind by or at the expense
743	of the entity publishing, displaying, broadcasting, or
744	circulating the political advertisement; or
745	(II) State who provided or paid for the advertisement and
746	cost of production, if different from the source of sponsorship.
747	b. This subparagraph does not apply if the source of the
748	sponsorship is patently clear from the content or format of the
749	political advertisement.
750	(c) Any political advertisement made pursuant to s.
751	106.021(3)(d) must be marked "paid political advertisement" or
752	with the abbreviation "pd. pol. adv." and must prominently
753	state, "Paid for and sponsored by ...(name of person paying for
754	political advertisement).... Approved by ...(names of persons,
755	party affiliation, and offices sought in the political
756	advertisement)...."
757
758	This subsection does not apply to campaign messages used by a
759	candidate and the candidate's supporters if those messages are
760	designed to be worn by a person.
761	(8) This section does not apply to any campaign message or
762	political advertisement used by a candidate and the candidate's
763	supporters or by a political committee if the message or
764	advertisement is:
765	(a) Designed to be worn by a person.
766	(b) Placed as a paid link on an Internet website, provided
767	the message or advertisement is no more than 200 characters in
768	length and the link directs the user to another Internet website
769	that complies with subsection (1).
770	(c) Placed as a graphic or picture link where compliance
771	with the requirements of this section is not reasonably
772	practical due to the size of the graphic or picture link and the
773	link directs the user to another Internet website that complies
774	with subsection (1).
775	(d) Placed at no cost on an Internet website for which
776	there is no cost to post content for public users.
777	(e) Placed or distributed on an unpaid profile or account
778	which is available to the public without charge or on a social
779	networking Internet website, as long as the source of the
780	message or advertisement is patently clear from the content or
781	format of the message or advertisement. A candidate or political
782	committee may prominently display a statement indicating that
783	the website or account is an official website or account of the
784	candidate or political committee and is approved by the
785	candidate or political committee. A website or account may not
786	be marked as official without prior approval by the candidate or
787	political committee.
788	(f) Distributed as a text message or other message via
789	Short Message Service, provided the message is no more than 200
790	characters in length or requires the recipient to sign up or opt
791	in to receive it.
792	(g) Connected with or included in any software application
793	or accompanying function, provided that the user signs up, opts
794	in, downloads, or otherwise accesses the application from or
795	through a website that complies with subsection (1).
796	(h) Sent by a third-party user from or through a campaign
797	or committee's website, provided the website complies with
798	subsection (1).
799	(i) Contained in or distributed through any other
800	technology-related item, service, or device for which compliance
801	with subsection (1) is not reasonably practical due to the size
802	or nature of such item, service, or device as available, or the
803	means of displaying the message or advertisement makes
804	compliance with subsection (1) impracticable.
805	(9)(8) Any person who willfully violates any provision of
806	this section is subject to the civil penalties prescribed in s.
807	106.265.
808	Section 19. Paragraph (b) of subsection (1) of section
809	106.011, Florida Statutes, is reenacted and amended, subsections
810	(3) and (4) of that section are reenacted, subsection (14) of
811	that section is amended, and subsections (18) and (19) of that
812	section are reenacted and amended, to read:
813	106.011 Definitions.-As used in this chapter, the
814	following terms have the following meanings unless the context
815	clearly indicates otherwise:
816	(1)
817	(b) Notwithstanding paragraph (a), the following entities
818	are not considered political committees for purposes of this
819	chapter:
820	1. Organizations which are certified by the Department of
821	State as committees of continuous existence pursuant to s.
822	106.04, national political parties, and the state and county
823	executive committees of political parties regulated by chapter
824	103.
825	2. Corporations regulated by chapter 607 or chapter 617 or
826	other business entities formed for purposes other than to
827	support or oppose issues or candidates, if their political
828	activities are limited to contributions to candidates, political
829	parties, or political committees or expenditures in support of
830	or opposition to an issue from corporate or business funds and
831	if no contributions are received by such corporations or
832	business entities.
833	3. Electioneering communications organizations as defined
834	in subsection (19); however, such organizations shall be
835	required to register with and report expenditures and
836	contributions, including contributions received from committees
837	of continuous existence, to the Division of Elections in the
838	same manner, at the same time, and subject to the same penalties
839	as a political committee supporting or opposing an issue or a
840	legislative candidate, except as otherwise specifically provided
841	in this chapter.
842	(3) "Contribution" means:
843	(a) A gift, subscription, conveyance, deposit, loan,
844	payment, or distribution of money or anything of value,
845	including contributions in kind having an attributable monetary
846	value in any form, made for the purpose of influencing the
847	results of an election or making an electioneering
848	communication.
849	(b) A transfer of funds between political committees,
850	between committees of continuous existence, between
851	electioneering communications organizations, or between any
852	combination of these groups.
853	(c) The payment, by any person other than a candidate or
854	political committee, of compensation for the personal services
855	of another person which are rendered to a candidate or political
856	committee without charge to the candidate or committee for such
857	services.
858	(d) The transfer of funds by a campaign treasurer or
859	deputy campaign treasurer between a primary depository and a
860	separate interest-bearing account or certificate of deposit, and
861	the term includes any interest earned on such account or
862	certificate.
863
864	Notwithstanding the foregoing meanings of "contribution," the
865	word shall not be construed to include services, including, but
866	not limited to, legal and accounting services, provided without
867	compensation by individuals volunteering a portion or all of
868	their time on behalf of a candidate or political committee. This
869	definition shall not be construed to include editorial
870	endorsements.
871	(4)(a) "Expenditure" means a purchase, payment,
872	distribution, loan, advance, transfer of funds by a campaign
873	treasurer or deputy campaign treasurer between a primary
874	depository and a separate interest-bearing account or
875	certificate of deposit, or gift of money or anything of value
876	made for the purpose of influencing the results of an election
877	or making an electioneering communication. However,
878	"expenditure" does not include a purchase, payment,
879	distribution, loan, advance, or gift of money or anything of
880	value made for the purpose of influencing the results of an
881	election when made by an organization, in existence prior to the
882	time during which a candidate qualifies or an issue is placed on
883	the ballot for that election, for the purpose of printing or
884	distributing such organization's newsletter, containing a
885	statement by such organization in support of or opposition to a
886	candidate or issue, which newsletter is distributed only to
887	members of such organization.
888	(b) As used in this chapter, an "expenditure" for an
889	electioneering communication is made when the earliest of the
890	following occurs:
891	1. A person enters into a contract for applicable goods or
892	services;
893	2. A person makes payment, in whole or in part, for the
894	production or public dissemination of applicable goods or
895	services; or
896	3. The electioneering communication is publicly
897	disseminated.
898	(14) "Filing officer" means the person before whom a
899	candidate qualifies, the agency or officer with whom a political
900	committee or an electioneering communications organization
901	registers, or the agency by whom a committee of continuous
902	existence is certified.
903	(18)(a) "Electioneering communication" means any
904	communication that is publicly distributed by a television
905	station, radio station, cable television system, satellite
906	system, newspaper, magazine, direct mail, or telephone and a
907	paid expression in any communications media prescribed in
908	subsection (13) by means other than the spoken word in direct
909	conversation that:
910	1. Refers to or depicts a clearly identified candidate for
911	office or contains a clear reference indicating that an issue is
912	to be voted on at an election, without expressly advocating the
913	election or defeat of a candidate but that is susceptible of no
914	reasonable interpretation other than an appeal to vote for or
915	against a specific candidate; or the passage or defeat of an
916	issue.
917	2. Is made within 30 days before a primary or special
918	primary election or 60 days before any other election for the
919	office sought by the candidate; and
920	3. Is For communications referring to or depicting a
921	clearly identified candidate for office, is targeted to the
922	relevant electorate. A communication is considered targeted if
923	1,000 or more persons in the geographic area the candidate would
924	represent if elected will receive the communication.
925	3. For communications containing a clear reference
926	indicating that an issue is to be voted on at an election, is
927	published after the issue is designated a ballot position or 120
928	days before the date of the election on the issue, whichever
929	occurs first.
930	(b) The term "electioneering communication" does not
931	include:
932	1. A communication disseminated through a means of
933	communication other than a television station, radio station,
934	cable television system, satellite system, newspaper, magazine,
935	direct mail, telephone, or statement or depiction by an
936	organization, in existence prior to the time during which a
937	candidate named or depicted qualifies or an issue identified is
938	placed on the ballot for that election, made in that
939	organization's newsletter, which newsletter is distributed only
940	to members of that organization.
941	2. A communication in a news story, commentary, or
942	editorial distributed through the facilities of any radio
943	station, television station, cable television system, or
944	satellite system, unless the facilities are owned or controlled
945	by any political party, political committee, or candidate. A
946	news story distributed through the facilities owned or
947	controlled by any political party, political committee, or
948	candidate may nevertheless be exempt if it represents a bona
949	fide news account communicated through a licensed broadcasting
950	facility and the communication is part of a general pattern of
951	campaign-related news accounts that give reasonably equal
952	coverage to all opposing candidates in the area. An editorial
953	endorsement, news story, commentary, or editorial by
954	newspaper, radio, television station, or other recognized
955	medium.
956	3. A communication that constitutes a public debate or
957	forum that includes at least two opposing candidates for an
958	office or one advocate and one opponent of an issue, or that
959	solely promotes such a debate or forum and is made by or on
960	behalf of the person sponsoring the debate or forum, provided
961	that:
962	a. The staging organization is either:
963	(I) A charitable organization that does not make other
964	electioneering communications and does not otherwise support or
965	oppose any political candidate or political party; or
966	(II) A newspaper, radio station, television station, or
967	other recognized news medium; and
968	b. The staging organization does not structure the debate
969	to promote or advance one candidate or issue position over
970	another.
971	(c) For purposes of this chapter, an expenditure made for,
972	or in furtherance of, an electioneering communication shall not
973	be considered a contribution to or on behalf of any candidate.
974	(d) For purposes of this chapter, an electioneering
975	communication shall not constitute an independent expenditure
976	nor be subject to the limitations applicable to independent
977	expenditures.
978	(19) "Electioneering communications organization" means
979	any group, other than a political party, political committee, or
980	committee of continuous existence, whose election-related
981	activities are limited to making expenditures for electioneering
982	communications or accepting contributions for the purpose of
983	making electioneering communications and whose activities would
984	not otherwise require the group to register as a political
985	party, political committee, or committee of continuous existence
986	under this chapter.
987	Section 20. Subsection (1) of section 106.022, Florida
988	Statutes, is reenacted to read:
989	106.022 Appointment of a registered agent; duties.-
990	(1) Each political committee, committee of continuous
991	existence, or electioneering communications organization shall
992	have and continuously maintain in this state a registered office
993	and a registered agent and must file with the division a
994	statement of appointment for the registered office and
995	registered agent. The statement of appointment must:
996	(a) Provide the name of the registered agent and the
997	street address and phone number for the registered office;
998	(b) Identify the entity for whom the registered agent
999	serves;
1000	(c) Designate the address the registered agent wishes to
1001	use to receive mail;
1002	(d) Include the entity's undertaking to inform the
1003	division of any change in such designated address;
1004	(e) Provide for the registered agent's acceptance of the
1005	appointment, which must confirm that the registered agent is
1006	familiar with and accepts the obligations of the position as set
1007	forth in this section; and
1008	(f) Contain the signature of the registered agent and the
1009	entity engaging the registered agent.
1010	Section 21. Paragraph (b) of subsection (1) of section
1011	106.03, Florida Statutes, is reenacted and amended, and
1012	subsections (2), (4), and (7) of that section are amended, to
1013	read:
1014	106.03 Registration of political committees and
1015	electioneering communications organizations.-
1016	(1)
1017	(b)1. Each electioneering communications organization that
1018	receives anticipates receiving contributions or makes making
1019	expenditures during a calendar year in an aggregate amount
1020	exceeding $5,000 shall file a statement of organization as
1021	provided in subparagraph 2. subsection (3) by expedited delivery
1022	within 24 hours after its organization or, if later, within 24
1023	hours after the date on which it receives has information that
1024	causes the organization to anticipate that it will receive
1025	contributions or makes make expenditures for an electioneering
1026	communication in excess of $5,000.
1027	2.a. In a statewide, legislative, or multicounty election,
1028	an electioneering communications organization shall file a
1029	statement of organization with the Division of Elections.
1030	b. In a countywide election or any election held on less
1031	than a countywide basis, except as described in sub-subparagraph
1032	c., an electioneering communications organization shall file a
1033	statement of organization with the supervisor of elections of
1034	the county in which the election is being held.
1035	c. In a municipal election, an electioneering
1036	communications organization shall file a statement of
1037	organization with the officer before whom municipal candidates
1038	qualify.
1039	d. Any electioneering communications organization that
1040	would be required to file a statement of organization in two or
1041	more locations by reason of the organization's intention to
1042	support or oppose candidates at state or multicounty and local
1043	levels of government need only file a statement of organization
1044	with the Division of Elections.
1045	(2) The statement of organization shall include:
1046	(a) The name, mailing address, and street address of the
1047	committee or electioneering communications organization;
1048	(b) The names, street addresses, and relationships of
1049	affiliated or connected organizations;
1050	(c) The area, scope, or jurisdiction of the committee or
1051	electioneering communications organization;
1052	(d) The name, mailing address, street address, and
1053	position of the custodian of books and accounts;
1054	(e) The name, mailing address, street address, and
1055	position of other principal officers, including the treasurer
1056	and deputy treasurer including officers and members of the
1057	finance committee, if any;
1058	(f) The name, address, office sought, and party
1059	affiliation of:
1060	1. Each candidate whom the committee is supporting;
1061	2. Any other individual, if any, whom the committee is
1062	supporting for nomination for election, or election, to any
1063	public office whatever;
1064	(g) Any issue or issues the committee such organization is
1065	supporting or opposing;
1066	(h) If the committee is supporting the entire ticket of
1067	any party, a statement to that effect and the name of the party;
1068	(i) A statement of whether the committee is a continuing
1069	one;
1070	(j) Plans for the disposition of residual funds which will
1071	be made in the event of dissolution;
1072	(k) A listing of all banks, safe-deposit boxes, or other
1073	depositories used for committee or electioneering communications
1074	organization funds; and
1075	(l) A statement of the reports required to be filed by the
1076	committee or the electioneering communications organization with
1077	federal officials, if any, and the names, addresses, and
1078	positions of such officials; and
1079	(m) A statement of whether the electioneering
1080	communications organization was formed as a newly created
1081	organization during the current calendar quarter or was formed
1082	from an organization existing prior to the current calendar
1083	quarter. For purposes of this subsection, calendar quarters end
1084	the last day of March, June, September, and December.
1085	(4) Any change in information previously submitted in a
1086	statement of organization shall be reported to the agency or
1087	officer with whom such committee or electioneering
1088	communications organization is required to register pursuant to
1089	subsection (3), within 10 days following the change.
1090	(7) The Division of Elections shall adopt promulgate rules
1091	to prescribe the manner in which inactive committees and
1092	electioneering communications organizations may be dissolved and
1093	have their registration canceled. Such rules shall, at a
1094	minimum, provide for:
1095	(a) Notice which shall contain the facts and conduct which
1096	warrant the intended action, including but not limited to
1097	failure to file reports and limited activity.
1098	(b) Adequate opportunity to respond.
1099	(c) Appeal of the decision to the Florida Elections
1100	Commission. Such appeals shall be exempt from the
1101	confidentiality provisions of s. 106.25.
1102	Section 22. Subsection (5) of section 106.04, Florida
1103	Statutes, is reenacted to read:
1104	106.04 Committees of continuous existence.-
1105	(5) No committee of continuous existence shall make an
1106	electioneering communication, contribute to any candidate or
1107	political committee an amount in excess of the limits contained
1108	in s. 106.08(1), or participate in any activity which is
1109	prohibited by this chapter. If any violation occurs, it shall be
1110	punishable as provided in this chapter for the given offense. No
1111	funds of a committee of continuous existence shall be expended
1112	on behalf of a candidate, except by means of a contribution made
1113	through the duly appointed campaign treasurer of a candidate. No
1114	such committee shall make expenditures in support of, or in
1115	opposition to, an issue unless such committee first registers as
1116	a political committee pursuant to this chapter and undertakes
1117	all the practices and procedures required thereof; provided such
1118	committee may make contributions in a total amount not to exceed
1119	25 percent of its aggregate income, as reflected in the annual
1120	report filed for the previous year, to one or more political
1121	committees registered pursuant to s. 106.03 and formed to
1122	support or oppose issues.
1123	Section 23. Section 106.0703, Florida Statutes, is
1124	reenacted and amended to read:
1125	106.0703 Electioneering communications organizations;
1126	additional reporting requirements; certification and filing;
1127	penalties.-
1128	(1)(a) Each electioneering communications organization
1129	shall file regular reports of all contributions received and all
1130	expenditures made by or on behalf of the organization. Reports
1131	shall be filed on the 10th day following the end of each
1132	calendar quarter from the time the organization is registered.
1133	However, if the 10th day following the end of a calendar quarter
1134	occurs on a Saturday, Sunday, or legal holiday, the report shall
1135	be filed on the next following day that is not a Saturday,
1136	Sunday, or legal holiday. Quarterly reports shall include all
1137	contributions received and expenditures made during the calendar
1138	quarter that have not otherwise been reported pursuant to this
1139	section.
1140	(b) Following the last day of candidates qualifying for
1141	office, the reports shall be filed on the 32nd, 18th, and 4th
1142	days immediately preceding the primary election and on the 46th,
1143	32nd, 18th, and 4th days immediately preceding the general
1144	election.
1145	(c) When a special election is called to fill a vacancy in
1146	office, all electioneering communications organizations making
1147	contributions or expenditures to influence the results of the
1148	special election shall file reports with the filing officer on
1149	the dates set by the Department of State pursuant to s. 100.111.
1150	(d) In addition, an electioneering communications
1151	organization that is registered with the Department of State and
1152	that makes a contribution or expenditure to influence the
1153	results of a county or municipal election that is not being held
1154	at the same time as a state or federal election must file
1155	reports with the county or municipal filing officer on the same
1156	dates as county or municipal candidates or committees for that
1157	election. The electioneering communications organization must
1158	also include the expenditure in the next report filed with the
1159	Division of Elections pursuant to this section following the
1160	county or municipal election.
1161	(e) The filing officer shall make available to each
1162	electioneering communications organization a schedule
1163	designating the beginning and end of reporting periods as well
1164	as the corresponding designated due dates.
1165	(2)(a) Except as provided in s. 106.0705, the reports
1166	required of an electioneering communications organization shall
1167	be filed with the filing officer not later than 5 p.m. of the
1168	day designated. However, any report postmarked by the United
1169	States Postal Service no later than midnight of the day
1170	designated shall be deemed to have been filed in a timely
1171	manner. Any report received by the filing officer within 5 days
1172	after the designated due date that was delivered by the United
1173	States Postal Service shall be deemed timely filed unless it has
1174	a postmark that indicates that the report was mailed after the
1175	designated due date. A certificate of mailing obtained from and
1176	dated by the United States Postal Service at the time of
1177	mailing, or a receipt from an established courier company, which
1178	bears a date on or before the date on which the report is due,
1179	shall be proof of mailing in a timely manner. Reports shall
1180	contain information of all previously unreported contributions
1181	received and expenditures made as of the preceding Friday,
1182	except that the report filed on the Friday immediately preceding
1183	the election shall contain information of all previously
1184	unreported contributions received and expenditures made as of
1185	the day preceding the designated due date. All such reports
1186	shall be open to public inspection.
1187	(b)1. Any report that is deemed to be incomplete by the
1188	officer with whom the electioneering communications organization
1189	files shall be accepted on a conditional basis. The treasurer of
1190	the electioneering communications organization shall be
1191	notified, by certified mail or other common carrier that can
1192	establish proof of delivery for the notice, as to why the report
1193	is incomplete. Within 7 days after receipt of such notice, the
1194	treasurer must file an addendum to the report providing all
1195	information necessary to complete the report in compliance with
1196	this section. Failure to file a complete report after such
1197	notice constitutes a violation of this chapter.
1198	2. Notice is deemed sufficient upon proof of delivery of
1199	written notice to the mailing or street address of the treasurer
1200	or registered agent of the electioneering communication
1201	organization on record with the filing officer.
1202	(3)(a) Each report required by this section must contain:
1203	1. The full name, address, and occupation, if any, of each
1204	person who has made one or more contributions to or for such
1205	electioneering communications organization within the reporting
1206	period, together with the amount and date of such contributions.
1207	For corporations, the report must provide as clear a description
1208	as practicable of the principal type of business conducted by
1209	the corporation. However, if the contribution is $100 or less,
1210	the occupation of the contributor or the principal type of
1211	business need not be listed.
1212	2. The name and address of each political committee from
1213	which or to which the reporting electioneering communications
1214	organization made any transfer of funds, together with the
1215	amounts and dates of all transfers.
1216	3. Each loan for electioneering communication purposes to
1217	or from any person or political committee within the reporting
1218	period, together with the full names, addresses, and occupations
1219	and principal places of business, if any, of the lender and
1220	endorsers, if any, and the date and amount of such loans.
1221	4. A statement of each contribution, rebate, refund, or
1222	other receipt not otherwise listed under subparagraphs 1.-3.
1223	5. The total sums of all loans, in-kind contributions, and
1224	other receipts by or for such electioneering communications
1225	organization during the reporting period. The reporting forms
1226	shall be designed to elicit separate totals for in-kind
1227	contributions, loans, and other receipts.
1228	6. The full name and address of each person to whom
1229	expenditures have been made by or on behalf of the
1230	electioneering communications organization within the reporting
1231	period and the amount, date, and purpose of each expenditure.
1232	7. The full name and address of each person to whom an
1233	expenditure for personal services, salary, or reimbursement for
1234	expenses has been made and that is not otherwise reported,
1235	including the amount, date, and purpose of the expenditure.
1236	8. The total sum of expenditures made by the
1237	electioneering communications organization during the reporting
1238	period.
1239	9. The amount and nature of debts and obligations owed by
1240	or to the electioneering communications organization that relate
1241	to the conduct of any electioneering communication.
1242	10. The amount and nature of any separate interest-bearing
1243	accounts or certificates of deposit and identification of the
1244	financial institution in which such accounts or certificates of
1245	deposit are located.
1246	11. The primary purposes of an expenditure made indirectly
1247	through an electioneering communications organization for goods
1248	and services, such as communications media placement or
1249	procurement services and other expenditures that include
1250	multiple components as part of the expenditure. The primary
1251	purpose of an expenditure shall be that purpose, including
1252	integral and directly related components, that comprises 80
1253	percent of such expenditure.
1254	(b) The filing officer shall make available to any
1255	electioneering communications organization a reporting form
1256	which the electioneering communications organization may use to
1257	indicate contributions received by the electioneering
1258	communications organization but returned to the contributor
1259	before deposit.
1260	(4) The treasurer of the electioneering communications
1261	organization shall certify as to the correctness of each report,
1262	and each person so certifying shall bear the responsibility for
1263	the accuracy and veracity of each report. Any treasurer who
1264	willfully certifies the correctness of any report while knowing
1265	that such report is incorrect, false, or incomplete commits a
1266	misdemeanor of the first degree, punishable as provided in s.
1267	775.082 or s. 775.083.
1268	(5) The electioneering communications organization
1269	depository shall provide statements reflecting deposits and
1270	expenditures from the account to the treasurer, who shall retain
1271	the records pursuant to s. 106.06. The records maintained by the
1272	depository with respect to the account shall be subject to
1273	inspection by an agent of the Division of Elections or the
1274	Florida Elections Commission at any time during normal banking
1275	hours, and such depository shall furnish certified copies of any
1276	such records to the Division of Elections or the Florida
1277	Elections Commission upon request.
1278	(6) Notwithstanding any other provisions of this chapter,
1279	in any reporting period during which an electioneering
1280	communications organization has not received funds, made any
1281	contributions, or expended any reportable funds, the treasurer
1282	shall file a written report with the filing officer by the
1283	prescribed reporting date that no reportable contributions or
1284	expenditures were made during the reporting period.
1285	(7)(a) Any electioneering communications organization
1286	failing to file a report on the designated due date shall be
1287	subject to a fine as provided in paragraph (b) for each late
1288	day. The fine shall be assessed by the filing officer and the
1289	moneys collected shall be deposited:
1290	1. In the General Revenue Fund, in the case of an
1291	electioneering communications organization that registers with
1292	the Division of Elections; or
1293	2. In the general revenue fund of the political
1294	subdivision, in the case of an electioneering communications
1295	organization that registers with an officer of a political
1296	subdivision.
1297
1298	No separate fine shall be assessed for failure to file a copy of
1299	any report required by this section.
1300	(b) Upon determining that a report is late, the filing
1301	officer shall immediately notify the electioneering
1302	communications organization as to the failure to file a report
1303	by the designated due date and that a fine is being assessed for
1304	each late day. The fine shall be $50 per day for the first 3
1305	days late and, thereafter, $500 per day for each late day, not
1306	to exceed 25 percent of the total receipts or expenditures,
1307	whichever is greater, for the period covered by the late report.
1308	However, for the reports immediately preceding each primary and
1309	general election, the fine shall be $500 per day for each late
1310	day, not to exceed 25 percent of the total receipts or
1311	expenditures, whichever is greater, for the period covered by
1312	the late report. Upon receipt of the report, the filing officer
1313	shall determine the amount of the fine which is due and shall
1314	notify the electioneering communications organization. The
1315	filing officer shall determine the amount of the fine due based
1316	upon the earliest of the following:
1317	1. When the report is actually received by such officer.
1318	2. When the report is postmarked.
1319	3. When the certificate of mailing is dated.
1320	4. When the receipt from an established courier company is
1321	dated.
1322	5. When the electronic receipt issued pursuant to s.
1323	106.0705 or other electronic filing system authorized in this
1324	section is dated.
1325
1326	Such fine shall be paid to the filing officer within 20 days
1327	after receipt of the notice of payment due, unless appeal is
1328	made to the Florida Elections Commission pursuant to paragraph
1329	(c). Notice is deemed sufficient upon proof of delivery of
1330	written notice to the mailing or street address on record with
1331	the filing officer. An officer or member of an electioneering
1332	communications organization shall not be personally liable for
1333	such fine.
1334	(c) The treasurer of an electioneering communications
1335	organization may appeal or dispute the fine, based upon, but not
1336	limited to, unusual circumstances surrounding the failure to
1337	file on the designated due date, and may request and shall be
1338	entitled to a hearing before the Florida Elections Commission,
1339	which shall have the authority to waive the fine in whole or in
1340	part. The Florida Elections Commission must consider the
1341	mitigating and aggravating circumstances contained in s.
1342	106.265(1) when determining the amount of a fine, if any, to be
1343	waived. Any such request shall be made within 20 days after
1344	receipt of the notice of payment due. In such case, the
1345	treasurer of the electioneering communications organization
1346	shall, within the 20-day period, notify the filing officer in
1347	writing of his or her intention to bring the matter before the
1348	commission.
1349	(d) The appropriate filing officer shall notify the
1350	Florida Elections Commission of the repeated late filing by an
1351	electioneering communications organization, the failure of an
1352	electioneering communications organization to file a report
1353	after notice, or the failure to pay the fine imposed. The
1354	commission shall investigate only those alleged late filing
1355	violations specifically identified by the filing officer and as
1356	set forth in the notification. Any other alleged violations must
1357	be stated separately and reported by the division to the
1358	commission under s. 106.25(2).
1359	(8) In addition to the reporting requirements in s.
1360	106.07, An electioneering communications organization shall,
1361	within 2 days after receiving its initial password or secure
1362	sign-on from the Department of State allowing confidential
1363	access to the department's electronic campaign finance filing
1364	system, electronically file the periodic campaign finance
1365	reports that would have been required pursuant to this section
1366	s. 106.07 for reportable activities that occurred since the date
1367	of the last general election.
1368	(9) Electioneering communications organizations shall not
1369	use credit cards.
1370	Section 24. Paragraph (b) of subsection (2) of section
1371	106.0705, Florida Statutes, is reenacted, and subsections (3)
1372	and (4) of that section are amended, to read:
1373	106.0705 Electronic filing of campaign treasurer's
1374	reports.-
1375	(2)
1376	(b) Each political committee, committee of continuous
1377	existence, electioneering communications organization, or state
1378	executive committee that is required to file reports with the
1379	division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29,
1380	as applicable, must file such reports with the division by means
1381	of the division's electronic filing system.
1382	(3) Reports filed pursuant to this section shall be
1383	completed and filed through the electronic filing system not
1384	later than midnight of the day designated. Reports not filed by
1385	midnight of the day designated are late filed and are subject to
1386	the penalties under s. 106.04(8), s. 106.07(8), s. 106.0703(7),
1387	or s. 106.29(3), as applicable.
1388	(4) Each report filed pursuant to this section is
1389	considered to be under oath by the candidate and treasurer, or
1390	the chair and treasurer, or the treasurer under s. 106.0703,
1391	whichever is applicable, and such persons are subject to the
1392	provisions of s. 106.04(4)(d), s. 106.07(5), s. 106.0703(4), or
1393	s. 106.29(2), as applicable. Persons given a secure sign-on to
1394	the electronic filing system are responsible for protecting such
1395	from disclosure and are responsible for all filings using such
1396	credentials, unless they have notified the division that their
1397	credentials have been compromised.
1398	Section 25. Subsection (1) of section 106.071, Florida
1399	Statutes, is reenacted and amended to read:
1400	106.071 Independent expenditures; electioneering
1401	communications; reports; disclaimers.-
1402	(1) Each person who makes an independent expenditure with
1403	respect to any candidate or issue, and each individual who makes
1404	an expenditure for an electioneering communication which is not
1405	otherwise reported pursuant to this chapter, which expenditure,
1406	in the aggregate, is in the amount of $5,000 $100 or more, shall
1407	file periodic reports of such expenditures in the same manner,
1408	at the same time, subject to the same penalties, and with the
1409	same officer as a political committee supporting or opposing
1410	such candidate or issue. The report shall contain the full name
1411	and address of the person making the expenditure; the full name
1412	and address of each person to whom and for whom each such
1413	expenditure has been made; the amount, date, and purpose of each
1414	such expenditure; a description of the services or goods
1415	obtained by each such expenditure; the issue to which the
1416	expenditure relates; and the name and address of, and office
1417	sought by, each candidate on whose behalf such expenditure was
1418	made.
1419	Section 26. Subsections (4) and (5) of section 106.08,
1420	Florida Statutes, are amended, and subsection (7) of that
1421	section is reenacted, to read:
1422	106.08 Contributions; limitations on.-
1423	(4)(a) Any contribution received by the chair, campaign
1424	treasurer, or deputy campaign treasurer of a political committee
1425	supporting or opposing a candidate with opposition in an
1426	election or supporting or opposing an issue on the ballot in an
1427	election on the day of that election or less than 5 days prior
1428	to the day of that election may not be obligated or expended by
1429	the committee until after the date of the election.
1430	(b) Any contribution received by an electioneering
1431	communications organization on the day of an election or less
1432	than 5 days prior to the day of that election may not be
1433	obligated or expended by the organization until after the date
1434	of the election and may not be expended to pay for any
1435	obligation arising prior to the election.
1436	(5)(a) A person may not make any contribution through or
1437	in the name of another, directly or indirectly, in any election.
1438	(b) Candidates, political committees, and political
1439	parties may not solicit contributions from any religious,
1440	charitable, civic, or other causes or organizations established
1441	primarily for the public good.
1442	(c) Candidates, political committees, and political
1443	parties may not make contributions, in exchange for political
1444	support, to any religious, charitable, civic, or other cause or
1445	organization established primarily for the public good. It is
1446	not a violation of this paragraph for:
1447	1. A candidate, political committee, or political party
1448	executive committee to make gifts of money in lieu of flowers in
1449	memory of a deceased person;
1450	2. A candidate to continue membership in, or make regular
1451	donations from personal or business funds to, religious,
1452	political party, civic, or charitable groups of which the
1453	candidate is a member or to which the candidate has been a
1454	regular donor for more than 6 months; or
1455	3. A candidate to purchase, with campaign funds, tickets,
1456	admission to events, or advertisements from religious, civic,
1457	political party, or charitable groups.
1458	(d) An electioneering communications organization may not
1459	accept a contribution from an organization exempt from taxation
1460	under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
1461	than a political committee, committee of continuous existence,
1462	or political party, unless the contributing organization has
1463	registered as if the organization were an electioneering
1464	communications organization pursuant to s. 106.03 and has filed
1465	all campaign finance reports required of electioneering
1466	communications organizations pursuant to ss. 106.07 and
1467	106.0703.
1468	(7)(a) Any person who knowingly and willfully makes or
1469	accepts no more than one contribution in violation of subsection
1470	(1) or subsection (5), or any person who knowingly and willfully
1471	fails or refuses to return any contribution as required in
1472	subsection (3), commits a misdemeanor of the first degree,
1473	punishable as provided in s. 775.082 or s. 775.083. If any
1474	corporation, partnership, or other business entity or any
1475	political party, political committee, committee of continuous
1476	existence, or electioneering communications organization is
1477	convicted of knowingly and willfully violating any provision
1478	punishable under this paragraph, it shall be fined not less than
1479	$1,000 and not more than $10,000. If it is a domestic entity, it
1480	may be ordered dissolved by a court of competent jurisdiction;
1481	if it is a foreign or nonresident business entity, its right to
1482	do business in this state may be forfeited. Any officer,
1483	partner, agent, attorney, or other representative of a
1484	corporation, partnership, or other business entity, or of a
1485	political party, political committee, committee of continuous
1486	existence, electioneering communications organization, or
1487	organization exempt from taxation under s. 527 or s. 501(c)(4)
1488	of the Internal Revenue Code, who aids, abets, advises, or
1489	participates in a violation of any provision punishable under
1490	this paragraph commits a misdemeanor of the first degree,
1491	punishable as provided in s. 775.082 or s. 775.083.
1492	(b) Any person who knowingly and willfully makes or
1493	accepts two or more contributions in violation of subsection (1)
1494	or subsection (5) commits a felony of the third degree,
1495	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1496	If any corporation, partnership, or other business entity or any
1497	political party, political committee, committee of continuous
1498	existence, or electioneering communications organization is
1499	convicted of knowingly and willfully violating any provision
1500	punishable under this paragraph, it shall be fined not less than
1501	$10,000 and not more than $50,000. If it is a domestic entity,
1502	it may be ordered dissolved by a court of competent
1503	jurisdiction; if it is a foreign or nonresident business entity,
1504	its right to do business in this state may be forfeited. Any
1505	officer, partner, agent, attorney, or other representative of a
1506	corporation, partnership, or other business entity, or of a
1507	political committee, committee of continuous existence,
1508	political party, or electioneering communications organization,
1509	or organization exempt from taxation under s. 527 or s.
1510	501(c)(4) of the Internal Revenue Code, who aids, abets,
1511	advises, or participates in a violation of any provision
1512	punishable under this paragraph commits a felony of the third
1513	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1514	775.084.
1515	Section 27. Section 106.1437, Florida Statutes, is
1516	reenacted to read:
1517	106.1437 Miscellaneous advertisements.-Any advertisement,
1518	other than a political advertisement, independent expenditure,
1519	or electioneering communication, on billboards, bumper stickers,
1520	radio, or television, or in a newspaper, a magazine, or a
1521	periodical, intended to influence public policy or the vote of a
1522	public official, shall clearly designate the sponsor of such
1523	advertisement by including a clearly readable statement of
1524	sponsorship. If the advertisement is broadcast on television,
1525	the advertisement shall also contain a verbal statement of
1526	sponsorship. This section shall not apply to an editorial
1527	endorsement.
1528	Section 28. Section 106.1439, Florida Statutes, is
1529	reenacted and amended to read:
1530	106.1439 Electioneering communications; disclaimers.-
1531	(1) Any electioneering communication, other than a
1532	telephone call, shall prominently state: "Paid electioneering
1533	communication paid for by ...(Name and address of person paying
1534	for the communication)...."
1535	(2) Any electioneering communication telephone call shall
1536	identify the persons or organizations sponsoring the call by
1537	stating either: "Paid for by ...(insert name of persons or
1538	organizations sponsoring the call)...." or "Paid for on behalf
1539	of ...(insert name of persons or organizations authorizing
1540	call)...." This subsection does not apply to any telephone call
1541	in which the individual making the call is not being paid and
1542	the individuals participating in the call know each other prior
1543	to the call.
1544	(3)(2) Any person who fails to include the disclaimer
1545	prescribed in this section in any electioneering communication
1546	that is required to contain such disclaimer commits a
1547	misdemeanor of the first degree, punishable as provided in s.
1548	775.082 or s. 775.083.
1549	Section 29. Paragraphs (a) and (e) of subsection (1) of
1550	section 106.147, Florida Statutes, are amended to read:
1551	106.147 Telephone solicitation; disclosure requirements;
1552	prohibitions; exemptions; penalties.-
1553	(1)(a) Any electioneering communication telephone call or
1554	any telephone call supporting or opposing a candidate, elected
1555	public official, or ballot proposal must identify the persons or
1556	organizations sponsoring the call by stating either: "paid for
1557	by ...." (insert name of persons or organizations sponsoring the
1558	call) or "paid for on behalf of ...." (insert name of persons or
1559	organizations authorizing call). This paragraph does not apply
1560	to any telephone call in which both the individual making the
1561	call is not being paid and the individuals participating in the
1562	call know each other prior to the call.
1563	(e) Any electioneering communication paid for with public
1564	funds must include a disclaimer containing the words "paid for
1565	by ...(Name of the government entity paying for the
1566	communication)...."
1567	Section 30. Section 106.17, Florida Statutes, is reenacted
1568	to read:
1569	106.17 Polls and surveys relating to candidacies.-Any
1570	candidate, political committee, committee of continuous
1571	existence, electioneering communication organization, or state
1572	or county executive committee of a political party may authorize
1573	or conduct a political poll, survey, index, or measurement of
1574	any kind relating to candidacy for public office so long as the
1575	candidate, political committee, committee of continuous
1576	existence, electioneering communication organization, or
1577	political party maintains complete jurisdiction over the poll in
1578	all its aspects.
1579	Section 31. Subsection (11) of section 379.352, Florida
1580	Statutes, is amended to read:
1581	379.352 Recreational licenses, permits, and authorization
1582	numbers to take wild animal life, freshwater aquatic life, and
1583	marine life; issuance; costs; reporting.-
1584	(11) When acting in its official capacity pursuant to this
1585	section, neither the commission nor a subagent is deemed a
1586	third-party registration organization, as defined in s. 97.021
1587	s. 97.021(36), or a voter registration agency, as defined in s.
1588	97.021 s. 97.021(40), and is not authorized to solicit, accept,
1589	or collect voter registration applications or provide voter
1590	registration services.
1591	Section 32. Except as otherwise expressly provided in this
1592	act, this act shall take effect upon becoming a law.

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