HB 1971 (2004) -  Elections

General Bill by Procedures (CO-SPONSORS) Harrington
Elections: Redefines "paper ballot" and "voting system"; defines "early voting"; provides an additional purpose for statewide voter registration applications; revises procedures for qualification by petition and method of qualification by candidates with no party affiliation and minor party candidates; provides that electors in line to vote at the closing of the polls must be allowed to vote; revises procedures to be followed in the event of a vacancy in nomination; requires supervisors of elections to include written procedures for early voting in their accuracy and security procedures and to submit any revisions to those security procedures within a specified period before early voting commences; revises requirements for furnishing instructions for electors; provides for voting of provisional ballots by persons with disabilities; authorizes political parties to have a certain number of at-large poll watchers; revises provisions for designation of poll watchers; revises ballot specifications; requires copies of constitutional amendments to be provided in poster or booklet form; prescribes duties of the supervisor of elections with respect to ballots in cases of vacancy in nomination; prohibits governing bodies from deploying uncertified voting equipment; prohibits vendors of voting equipment from providing uncertified voting systems or their components or upgrades; requires vendors of voting equipment to provide certifications that voting systems or their components or upgrades have been certified; provides an additional requirement for voting systems; provides for testing of tabulating equipment prior to commencement of early voting and notice thereof; specifies person responsible for examination of equipment for purposes of early voting; revises duties of the supervisor of elections with respect to reporting undervotes and overvotes; allows the canvassing of mail ballots to begin at 7 a.m. on the fourth day before the election; prohibits the release of results prior to 7 p.m. on the day of the election; deletes a provision relating to the duty of supervisors of elections with respect to requests for absentee ballots from overseas voters received after the Friday before the election; revises requirements for the mailing of absentee and advance absentee ballots; requires absentee voters voting pursuant to the Uniformed and Overseas Citizens Absentee Voting Act to use a standard oath as prescribed by federal law; eliminates witness requirements for absentee ballots and special absentee ballots; authorizes and provides requirements for early voting, including designation of early voting sites; removes the requirement of the signature of an attesting witness for an absentee ballot to be considered legal; provides that the special absentee ballot instructions for certain first-time voters shall be substantially in a specified form; revises specifications for absentee envelopes printed for overseas voters; requires the Department of State to determine the security of electronic transmissions of certain election materials prior to rule adoption; provides for a single election board for each precinct; deletes the requirement that the certificate of results be prepared in triplicate; allows the Elections Canvassing Commission to delegate authority to order recounts to the chief election officer; deletes requirement that the canvass be filed with the county court judge; clarifies responsibility for ordering recounts; deletes the requirement for the logic and accuracy test at the completion of the recount; provides for the forms or formats of unofficial returns; revises the time of submission of the second set of unofficial returns; revises provisions with respect to the time for contesting an election; declares the county canvassing board and the Elections Canvassing Commission indispensable and proper parties in contested elections; exempts write-in candidates for school board member from payment of the qualifying fee; revises procedures for qualifying as a candidate for judicial or school board office by petition; defines "eliminated candidate"; provides exceptions to a prohibition against making certain contributions or expenditures in connection with a campaign or activities of a political committee; authorizes reimbursement of expenses incurred in connection with a campaign or activities of a political committee; requires disclosure of the names and addresses of persons reimbursed from a campaign account; provides for retroactive operation; provides that the execution and filing of the statement of candidate does not in and of itself create a presumption that a violation of ch. 106 or ch. 104, F.S., is a willful violation; reduces the fine for late filing of campaign finance reports by committees of continuous existence for the first 3 days; provides for deposit of fine proceeds into the General Revenue Fund; revises requirements for filing campaign reports; revises requirements with respect to timely filing of mailed reports; requires the reporting of the primary purposes of certain expenditures made indirectly through a campaign treasurer for certain goods and services; requires the Florida Elections Commission to consider mitigating and aggravating circumstances in determining the amount of a fine, if any, to be waived for late-filed reports; provides for deposit of certain fine proceeds into the General Revenue Fund; limits investigation of alleged late filing violations; provides for electronic filing of reports; allows electronic receipts to be used as proof of filing; provides for electronic filing of campaign treasurer's reports; revises requirement with respect to reporting loans; prohibits candidates from expending funds from their campaign accounts to obtain endorsements; exempts committees of continuous existence from certain prohibitions with respect to independent expenditures; prohibits acceptance of certain contributions made by money order; revises provisions relating to reporting use of debit cards; provides for deposit into the General Revenue Fund of reimbursed election assessments; requires sworn complaints to be based upon personal knowledge or independent research of the complainant; restricts the alleged violations the commission may investigate to those specifically contained within a sworn complaint; provides restrictions on subsequent complaints based on the same facts or allegations as a prior complaint; authorizes respondents and complainants and their counsels to attend hearings at which probable cause is determined; requires prior notice; permits a brief oral statement; specifies bases for determining probable cause; revises provisions relating to reports by political parties; provides that the proceeds of funds assessed against political parties for the late filing of reports shall be deposited into the General Revenue Fund; provides for determination of fine for electronically filed reports; repeals provisons relating to the supervisor of elections making up indexes or records, distribution of blocks of printed ballots, duties of election boards, independent expenditure notice requirements, and filing of statements by certain groups and organizations intending to make or making political advertisements endorsing or opposing candidates or issues; requires certain candidates for commissioner of an independent special fire control district to conduct their campaign in accordance with ch. 106; exempts certain voter education activities from competitive-solicitation requirements; requires voting systems to meet certain requirements by specified dates; revises effective dates for provisions relating to updating voting sytem requirements to accommodate voters with disabilities; provides applicability of changes to ch. 106 to pending and futures cases before the Florida Elections Commission.
Effective Date: upon becoming a law
Last Event: 04/30/04 S Died in Messages, Link/Iden/Sim/Compare passed, refer to HB 1837 (Ch. 2004-269), CS/SB 2346 (Ch. 2004-252), CS/SB 2566 (Ch. 2004-232), CS/CS/SB 3006 (Ch. 2004-253) on Friday, April 30, 2004 11:36 PM
Date Available for Final Passage: Friday, April 30, 2004 9:06 PM

PCB committee actions:

  • PCB PR 04-06 recommended by:
    Procedures

Related Bills

Bill # Subject Relationship
Bill #: HB 1973 Subject: Public Records Exemptions Relationship: Linked
Bill #: CS/CS/SB 3004 Subject: Elections Relationship: Similar
Bill #: HB 1565 Subject: Elections Relationship: Compare
Bill #: HB 1793 Subject: Campaign Financing Relationship: Compare
Bill #: HB 1837 Subject: Implementing the 2004-2005 General Appropriations Act Relationship: Compare
Bill #: CS/CS/SB 618 Subject: Early Voting Relationship: Compare
Bill #: CS/SB 2346 Subject: Advertising Campaign Exposure Act Relationship: Compare
Bill #: CS/SB 2566 Subject: Absentee Ballots Relationship: Compare
Bill #: SB 2936 Subject: Elections Relationship: Compare
Bill #: CS/CS/SB 3006 Subject: Electronic Filings/Pub. Rec. Relationship: Compare

Bill Text

  • Engrossed 1
  • Original Filed Version
    • A 275429 , Gannon Date Filed: 04/27/04, Page#: 0, Line#: 747 House: Failed 04/28/2004 07:22 PM
    • A 044879 , Negron Date Filed: 04/27/04, Page#: 0, Line#: 1163 House: Withdrawn 04/28/2004 07:22 PM
    • A 281693 , Gelber Date Filed: 04/27/04, Page#: 0, Line#: 2351 House: Withdrawn 04/28/2004 07:22 PM
    • A 093125 , Harrington Date Filed: 04/28/04, Page#: 0, Line#: 2351 House: Adopted 04/28/2004 09:06 PM
    • A 006809 , Harrington Date Filed: 04/28/04, Page#: 0, Line#: 2403 House: Adopted 04/28/2004 09:06 PM
  • PCB PR 04-06

Staff Analysis

Chamber Committee
Chamber: House Committee: Procedures 4/22/2004 3:22:31 PM

Vote History

Chamber Date Yeas Nays Action Action 2 Vote Detail Barcode
Chamber: House Date: 04/30/2004 10:53 AM   Yeas: 95 Nays: 21 Action: Passage Action 2: Vote Detail: Vote [Seq# 1027] Barcode:

Bill History

Event Time Member Committee Ver.
Event: S Died in Messages, Link/Iden/Sim/Compare passed, refer to HB 1837 (Ch. 2004-269), CS/SB 2346 (Ch. 2004-252), CS/SB 2566 (Ch. 2004-232), CS/CS/SB 3006 (Ch. 2004-253) Time: 04/30/2004 - 11:36 PM Member: Committee: Version:
Event: S In Messages Time: 04/30/2004 - 12:30 PM Member: Committee: Version:
Event: H Message sent to senate Time: 04/30/2004 - 11:38 AM Member: Committee: Version:
Event: H Passage on third reading Time: 04/30/2004 - 10:54 AM Member: Committee: Version:
Event: H Passed as amended; YEAS 95, NAYS 21 Time: 04/30/2004 - 10:53 AM Member: Committee: Version:
Event: H Read 3rd time Time: 04/30/2004 - 10:51 AM Member: Committee: Version:
Event: H Bill added to Third Reading Calendar Time: 04/29/2004 - 12:48 AM Member: Committee: Version:
Event: H Amendment 006809 adopted Time: 04/28/2004 - 9:06 PM Member: Committee: Version:
Event: H Amendment 093125 adopted Time: 04/28/2004 - 9:06 PM Member: Committee: Version:
Event: H Amendment 6809 filed timely Time: 04/28/2004 - 7:24 PM Member: Committee: Version: __
Event: H Amendment 93125 filed timely Time: 04/28/2004 - 7:23 PM Member: Committee: Version: __
Event: H Amendment 281693 withdrawn Time: 04/28/2004 - 7:22 PM Member: Committee: Version:
Event: H Amendment 044879 withdrawn Time: 04/28/2004 - 7:22 PM Member: Committee: Version:
Event: H Amendment 275429 Failed Time: 04/28/2004 - 7:22 PM Member: Committee: Version:
Event: H Read 2nd time Time: 04/28/2004 - 6:56 PM Member: Committee: Version:
Event: H Amendment 281693 filed timely Time: 04/27/2004 - 9:37 AM Member: Committee: Version: __
Event: H Amendment 275429 filed timely Time: 04/27/2004 - 9:03 AM Member: Committee: Version: __
Event: H Amendment 44879 filed timely Time: 04/27/2004 - 7:42 AM Member: Committee: Version: __
Event: H Bill added to Special Order Calendar (4/28/2004 1:01:36 AM) Time: 04/27/2004 - 1:06 AM Member: Committee: Version:
Event: H Bill added to Second Reading Calendar Time: 04/23/2004 - 1:03 PM Member: Committee: Version:
Event: H Bill referred to House Calendar Time: 04/23/2004 - 1:03 PM Member: Committee: Version:
Event: H 1st Reading Time: 04/20/2004 - 11:05 PM Member: Committee: Version:
Event: H Filed timely Time: 04/20/2004 - 2:20 PM Member: Committee: Procedures Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
97.021 HB 1565
97.052 HB 931
98.181
99.061 HB 1565
99.095 HB 1565
99.0955 HB 1565
99.096 HB 1565
100.011 HB 1565
100.111
101.015
101.031
101.048 HB 1565
101.049 HB 1065
101.131
101.151 HB 1565
101.171
101.253
101.294
101.295
101.5606 HB 1037, HB 1565
101.5608
101.5612
101.5613
101.595
101.6103
101.62 HB 759, HB 1447, HB 1565, HB 1743
101.635
101.64 HB 759, HB 1447, HB 1591
101.65 HB 1565, HB 1591
101.657 HB 1565
101.68 HB 1591
101.6921 HB 1591
101.6923 HB 1565, HB 1591
101.694
101.6952 HB 1591
101.697
102.012
102.061
102.071
102.111
102.141
102.168
105.031 HB 1565
105.035
106.011 HB 1529, HB 1565, HB 1793
106.021 HB 1529, HB 1565
106.023
106.04 HB 1529, HB 1565, HB 1793
106.07 HB 1529, HB 1565
106.0705 HB 1793, HB 1973
106.075 HB 1793
106.08 HB 1565, HB 1793
106.085
106.087 HB 1529, HB 1565
106.09
106.11
106.141
106.144
106.25
106.29 HB 1565
191.005 HB 547 CS
287.057 HB 1065, HB 1819, HB 1837, HB 1905