Bill Text: FL S0368 | 2022 | Regular Session | Introduced
Bill Title: Voter Registration
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-03-14 - Died in Ethics and Elections [S0368 Detail]
Download: Florida-2022-S0368-Introduced.html
Florida Senate - 2022 SB 368 By Senator Berman 31-00344-22 2022368__ 1 A bill to be entitled 2 An act relating to voter registration; amending s. 3 97.055, F.S.; revising the date by which the 4 registration books must be closed before an election; 5 amending s. 97.057, F.S.; revising procedures 6 governing voter registration by the Department of 7 Highway Safety and Motor Vehicles; providing that 8 driver license or identification card applications, 9 driver license or identification card renewal 10 applications, and applications for changes of address 11 for existing driver licenses or identification cards 12 submitted to the department serve as voter 13 registration applications; specifying that an 14 applicant is deemed to have consented to the use of 15 his or her signature for voter registration purposes, 16 unless a declination is made; requiring specified 17 applications to include a voter registration 18 component, subject to approval by the Department of 19 State; specifying requirements for the voter 20 registration component; providing for the transmittal 21 of voter registration information to the Department of 22 State and supervisors of elections; amending s. 23 98.045, F.S.; conforming a cross-reference; providing 24 effective dates. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 97.055, Florida Statutes, is amended to 29 read: 30 97.055 Registration books; when closed for an election.— 31 (1)(a) The registration books must be closed on the 14th 3229thday before each election and must remain closed until after 33 that election. If an election is called and there are fewer than 34 1429days before that election, the registration books must be 35 closed immediately. 36 (b) Except as provided in paragraph (c), when the 37 registration books are closed for an election, updates to a 38 voter’s name, address, and signature pursuant to ss. 98.077 and 39 101.045 shall be the only changes permitted for purposes of the 40 upcoming election. New voter registration applications must be 41 accepted but only for the purpose of subsequent elections. 42 (c) When the registration books are closed for an upcoming 43 election, an update or change to a voter’s party affiliation 44 made pursuant to s. 97.1031 shall be permitted for that upcoming 45 election unless such election is for the purpose of nominating a 46 political party nominee, in which case the update or change 47 shall be permitted only for the purpose of subsequent elections. 48 (2) In computing the 14-day29-dayperiod for the closing 49 of the registration books, the day of the election is excluded 50 and all other days are included. If the 14th29thday preceding 51 an election falls on a Sunday or a legal holiday, the 52 registration books must be closed on the next day that is not a 53 Sunday or a legal holiday. 54 Section 2. Effective January 1, 2023, section 97.057, 55 Florida Statutes, is amended to read: 56 97.057 Voter registration by the Department of Highway 57 Safety and Motor Vehicles.— 58 (1) Each of the following serves as an applicationThe59Department of Highway Safety and Motor Vehicles shall provide60the opportunityto register to vote or to update a voter 61 registration record when submitted to the Department of Highway 62 Safety and Motor Vehiclesto each individual who comes to an63office of that department to: 64 (a) An applicationApplyfor a driver license or a renewal 65 ofrenewa driver license; 66 (b) An applicationApplyfor an identification card 67 pursuant to chapter 322 or a renewal ofrenewan identification 68 cardpursuant to chapter 322; or 69 (c) An application for a change ofanaddress on an 70 existing driver license or identification card. 71 72 Unless the applicant declines to register to vote or to update 73 his or her voter registration record, he or she is deemed to 74 have consented to the use of the signature from his or her 75 driver license or identification card application for voter 76 registration purposes. 77 (2) An application for a driver license or an 78 identification card must include a voter registration component. 79 The voter registration component must be approved by the 80 Department of State. The voter registration component of a 81 driver license or identification card application must contain: 82 (a) The minimum amount of information necessary to prevent 83 duplicate voter registrations and preserve the ability of the 84 department and supervisors of elections to assess the 85 eligibility of the applicant and administer voter registration 86 and other provisions of this code. 87 (b) A statement setting forth voting eligibility 88 requirements. 89 (c) An explanation that the applicant is consenting, for 90 voter registration purposes, to the use of his or her signature 91 from the applicant’s driver license or identification card 92 application. By consenting to the use of his or her signature, 93 the applicant is deemed to have subscribed to the oath required 94 by s. 3, Art. VI of the State Constitution and s. 97.051 and to 95 have sworn and affirmed that the voter registration information 96 contained in the application is true under penalty for false 97 swearing pursuant to s. 104.011. 98 (d) An option that allows the applicant to choose or update 99 a party affiliation; otherwise, an applicant who is initially 100 registering to vote and does not exercise such option shall be 101 registered without party affiliation in accordance with s. 102 97.053(5)(b). 103 (e) An option that allows the applicant to decline to 104 register to vote or to decline to update his or her voter 105 registration record. The Department of Highway Safety and Motor 106 Vehicles shall note any such declination in its records and 107 forward the declination to the Department of State. Any 108 declination may be used only for voter registration purposes and 109 is confidential and exempt from public records requirements as 110 provided in s. 97.0585. 111 (3) The Department of Highway Safety and Motor Vehicles 112 shall: 113 (a) Develop a voter registration component for applications 114 which meets the requirements set forth in subsection (2)Notify115each individual, orally or in writing, that:1161. Information gathered for the completion of a driver117license or identification card application, renewal, or change118of address can be automatically transferred to a voter119registration application;1202. If additional information and a signature are provided,121the voter registration application will be completed and sent to122the proper election authority;1233. Information provided can also be used to update a voter124registration record;1254. All declinations will remain confidential and may be126used only for voter registration purposes; and1275. The particular driver license office in which the person128applies to register to vote or updates a voter registration129record will remain confidential and may be used only for voter130registration purposes. 131(b) Require a driver license examiner to inquire orally or,132if the applicant is hearing impaired, inquire in writing whether133the applicant wishes to register to vote or update a voter134registration record during the completion of a driver license or135identification card application, renewal, or change of address.1361. If the applicant chooses to register to vote or to137update a voter registration record:138a. All applicable information received by the Department of139Highway Safety and Motor Vehicles in the course of filling out140the forms necessary under subsection (1) must be transferred to141a voter registration application.142b. The additional necessary information must be obtained by143the driver license examiner and must not duplicate any144information already obtained while completing the forms required145under subsection (1).146c. A voter registration application with all of the147applicant’s voter registration information required to establish148the applicant’s eligibility pursuant to s. 97.041 must be149presented to the applicant to review and verify the voter150registration information received and provide an electronic151signature affirming the accuracy of the information provided.1522. If the applicant declines to register to vote, update153the applicant’s voter registration record, or change the154applicant’s address by either orally declining or by failing to155sign the voter registration application, the Department of156Highway Safety and Motor Vehicles must note such declination on157its records and shall forward the declination to the statewide158voter registration system.159(3) For the purpose of this section, the Department of160Highway Safety and Motor Vehicles, with the approval of the161Department of State, shall prescribe:162(a) A voter registration application that is the same in163content, format, and size as the uniform statewide voter164registration application prescribed under s. 97.052; and165 (b)A form that will inform applicants under subsection (1)166of the information contained in paragraph (2)(a).167(4)The Department of Highway Safety and Motor Vehicles168mustElectronically transmit the voter registration component of 169 an applicant’s driver license or identification card application 170 to the Department of Statecompleted voter registration171applicationswithin 24 hours after receiptto the statewide172voter registration system. Upon receipt of the voter 173 registration component, the Department of State shall provide 174 the information to the supervisor of the county in which the 175 applicant is registeringCompleted paper voter registration176applications received by the Department of Highway Safety and177Motor Vehicles shall be forwarded within 5 days after receipt to178the supervisor of the county where the office that processed or179received that application is located. 180(5) The Department of Highway Safety and Motor Vehicles181must send, with each driver license renewal extension182application authorized pursuant to s. 322.18(8), a uniform183statewide voter registration application, the voter registration184application prescribed under paragraph (3)(a), or a voter185registration application developed especially for the purposes186of this subsection by the Department of Highway Safety and Motor187Vehicles, with the approval of the Department of State, which188must meet the requirements of s. 97.052.189 (4)(6)A person providing voter registration services for a 190 driver license office may not: 191 (a) Seek to influence an applicant’s political preference 192 or party registration; 193 (b) Display any political preference or party allegiance; 194 (c) Make any statement to an applicant or take any action 195 the purpose or effect of which is to discourage the applicant 196 from registering to vote; or 197 (d) Disclose any applicant’s voter registration information 198 except as needed for the administration of voter registration. 199 (5)(7)The Department of Highway Safety and Motor Vehicles 200 shall collect data determined necessary by the Department of 201 State for program evaluation and reporting to the Election 202 Assistance Commission pursuant to federal law. 203 (6)(8)The Department of Highway Safety and Motor Vehicles 204 shallmustensure that all voter registration services provided 205 by driver license offices are in compliance with the Voting 206 Rights Act of 1965. 207 (7)(9)The Department of Highway Safety and Motor Vehicles 208 shall retain complete records of voter registration information 209 received, processed, and submitted to the Department of State 210statewide voter registration systemby the Department of Highway 211 Safety and Motor Vehicles. The maintenance of suchTheserecords 212 isshall befor the explicit purpose of supporting audit and 213 accounting controls established to ensure accurate and complete 214 electronic transmission of records between the Department of 215 Statestatewide voter registration systemand the Department of 216 Highway Safety and Motor Vehicles. 217 (8)(10)The Department of State shall provide the 218 Department of Highway Safety and Motor Vehicles with an 219 electronic database of street addresses valid for use as the 220 address of legal residence as required in s. 97.053(5). The 221 Department of Highway Safety and Motor Vehicles shall compare 222 the address provided by the applicant against the database of 223 valid street addresses. If the address provided by the applicant 224 does not match a valid street address in the database, the 225 applicant will be asked to verify the address provided. The 226 Department of Highway Safety and Motor Vehicles mayshallnot 227 reject any application for voter registration for which a valid 228 match cannot be made. 229 (9)(11)The Department of Highway Safety and Motor Vehicles 230 shall enter into an agreement with the Department of State to 231 match information in the statewide voter registration system 232 with information in the database of the Department of Highway 233 Safety and Motor Vehicles to the extent required to verify the 234 accuracy of the driver license number, Florida identification 235 number, or last four digits of the social security number 236 provided on applications for voter registration as required in 237 s. 97.053. 238 (10)(12)The Department of Highway Safety and Motor 239 Vehicles shall enter into an agreement with the Commissioner of 240 Social Security as required by the Help America Vote Act of 2002 241 to verify the last four digits of the social security number 242 provided in applications for voter registration as required in 243 s. 97.053. 244 (11)(13)The Department of Highway Safety and Motor 245 Vehicles must assist the Department of State in regularly 246 identifying changes in residence address on the driver license 247 or identification card of a voter. The Department of State must 248 report each such change to the appropriate supervisor of 249 elections who must change the voter’s registration records in 250 accordance with s. 98.065(4). 251 Section 3. Effective January 1, 2023, paragraph (b) of 252 subsection (4) of section 98.045, Florida Statutes, is amended 253 to read: 254 98.045 Administration of voter registration.— 255 (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL 256 STREET ADDRESSES.— 257 (b) The department shall make the statewide database of 258 valid street addresses available to the Department of Highway 259 Safety and Motor Vehicles as provided in s. 97.057(8)s.26097.057(10). The Department of Highway Safety and Motor Vehicles 261 shall use the database for purposes of validating the legal 262 residential addresses provided in voter registration 263 applications received by the Department of Highway Safety and 264 Motor Vehicles. 265 Section 4. Except as otherwise expressly provided in this 266 act, this act shall take effect July 1, 2022.