2010 Elections Legislation

Sarah Jane BradshawAssistant Director

Florida Division of Elections

Bills passed• CS/CS/HB 131

– MOVE Act– Extension for disability voting systems– Elections Administration– Political Advertising– Electioneering Communications

• CS/HB 1306– Renames public assistance agencies

Bills Passed• CS/CS/SB 1412

– Outdated agency reports

• HB 7079– Public records exemption reenactment– Stalking victims

• HB 7123– Public records exemption reenactment

for Victims of Domestic Violence

Absentee Ballots

• All voters– Requests are good for all elections through

the next regularly scheduled general election instead of two general elections

– Upon receiving a request for an absentee ballot, SOE must notify the voter of the free access system for determining status of ballot

Absentee Ballots

• All voters– Absentee ballot information must be uploaded

to the DOS beginning 60 days before primary until 15 days after the general

• Date request made• Date ballot delivered• Date voted ballot received by SOE

Absentee Ballots• UOCAVA voters only

– Revises definitions• Absent uniformed services voter• Overseas voter

– Must be absent from county of residence– Includes all military, both stateside and overseas, and

overseas citizens– 45 day mail time for primary and general election

ballots to all UOCAVA voters– Transmission of ballot by mail, e-mail or fax to all

UOCAVA voters

Absentee Ballots• UOCAVA voters

– If request contains an e-mail address:• Record e-mail address• Confirm by e-mail that request was received and

include estimated date ballot will be transmitted• Notify the voter by e-mail when voted ballot is

received by SOE

– No longer required to e-mail list of candidates to overseas voters

Voting Systems

Delays implementation of paper-based disability voting equipment until 2016

Elections Administration

• Preempts matters in chapters 97-105 to State• If voter is challenged for not living in precinct,

voter must first be given the opportunity to execute change of address at polls to avoid provisional voting

• For combined precincts, allows SOE to use one election board and share supplies and equipment

ElectionAdministration

• Polling Place Changes– Publish in newspaper– Mail to affected voters– Post on SOE website

• Voter Education report no longer required of DOS – SOE must still file information with DOS

Elections Administration

• Logic and Accuracy Test– Notice of L & A must be provided on the SOE

website and published– Test decks must consist of actual election

ballots, marked by the supervisor– If ballot-on-demand equipment is used, must

create test decks using paper stock and equipment that will be used in election

Elections Administration

• Definition of “public assistance” revised to reflect state program name changes (no substantive affect on NVRA voter registration agencies)

Public Records Exemption

• Reenacts public records exemption– Declinations to register– Information relating to where a person registered

or updated registration– Social security number, driver’s license number

and identification card number– Signature of voter can be viewed but not copied

Public Records Exemption

• Stalking victims– Exempts name, address and telephone

number of stalking victims• Done in same manner as Address Confidentiality

Program for Victims of Domestic Violence provided victim files statement of stalking with the Attorney General and otherwise complies in the same manner as ACP-domestic violence voters

• Reminders about ACP protected voters:– Same voter registration procedures apply-

process manually outside of FVRS– Address protection only good for 4 years

unless ACP voter renews

Public Records Exemption

Public RecordsExemption

– Supervisor responsible for checking on expired or lapsed eligible ACP participants in county

– ACP protected voters are not the same as high-risk professionals who ask for address protection under s. 119.071, F.S.

Canvassing Election Results

• Requires SOE to publish notice of meeting to canvass absentees and provisionals on website in addition to publication

• Eliminates out-of-date reference to returns on file with the office of the county court judge

• Allows defeated candidate entitled to manual recount to nix recount upon request

Canvassing Election Results

• Secretary of State rather than Elections Canvassing Commission to order machine and manual recounts

• Time certain for state Elections Canvassing Commission to meet and certify election

Political Disclaimers

• Allows alternative shortened disclaimer: “Paid by (name of candidate) (party) for (office sought)”– Approved by candidate statement still

required in ad

• Creates a series of technology-based exemptions to the disclaimer requirement

Political DisclaimersNo disclaimer necessary if message:• Is designed to be worn by a person• Is a paid link on Internet and is no more than

200 characters in length and link directs the user to a website that has the political disclaimer (Google ads, Yahoo links)

• Placed as graphic/picture where compliance is not reasonably practicable if linked to another website that complies with disclaimer requirement

Political DisclaimersNo disclaimer necessary if message:• Placed at no cost on Internet (blogs)• Placed or distributed on an unpaid profile

or an account available to public without charge or on a social networking website if the source of message is patently clear (Facebook, MySpace)

• Distributed as a text message if text is no more than 200 characters in length or requires recipient to sign up or opt in to receive it (Twitter)

Political DisclaimersNo disclaimer necessary if message:• Connected with or included in any software

application or accompanying function, provided the user signs up, opts in, downloads, or otherwise accesses the application from or through a website that complies (apps, screen savers)

• Sent by third-party user from or through a campaign website, provided website complies

Political DisclaimersLaw contains a “catch-all” exception -- no

disclaimer is necessary if:

• Ad is contained or distributed through any other technology-related item, service or device for which compliance with the normal political disclaimer statement is not reasonably practicable due to the size, or nature of such item, service, or device as available, or the means of displaying the ad makes compliance impracticable

Electioneering Communications

• Addresses concerns raised in Broward Coalition case which ruled portions of law unconstitutional

• New law essentially tracks federal law, except it:– Expands the method of communication to

include print media and telephone; – Reduces the target audience from the federal

requirement of 50,000 or more to merely being targeted to the relevant electorate; and

– Reduces the threshold expenditure amount for ECO registration purposes from exceeding $10,000 to exceeding $5,000 in a calendar year.

Electioneering Communications

• Redefines “electioneering communication”– Communication publicly distributed by

television station, radio station, cable tv system, satellite system, newspaper, magazine, direct mail or telephone that:

Electioneering Communications

• Refers to or depicts a clearly identified candidate without expressly advocating election or defeat but is susceptible of no reasonable interpretation other than an appeal to vote for or against a specified candidate

• Is made within 30 days before a primary or 60 days before any other election for the office sought by candidate

• Is targeted to the relevant electorate in the geographical area the candidate would represent if elected

Electioneering Communications

– Provides exemptions• Communications disseminated by means other than

television, radio, cable, satellite, newspaper, magazine, direct mail or telephone

• Statement by an organization in their newsletter distributed only to its members, if the organization was in existence prior to the time the candidate qualifies

• Communication in a news story, commentary, or editorial• Communication that constitutes a public debate or forum that

includes at least two opposing candidates

– Will not apply to issues, only candidate communications

Electioneering Communications

• Redefines “electioneering communications organization”– Group whose election-related activities are limited to

making expenditures for electioneering communications or accepting contributions for the purpose of making electioneering communications and whose activities would not otherwise require the group to register as a political party, political committee or committee of continuous existence

Electioneering Communications

• Requires electioneering communication organization to register when it receives contributions or makes expenditures in excess of $5,000 in a calendar year

• Requires reporting of all contributions received and expenditures made on behalf of the organization in the same manner as a political committee (new s. 106.0703 for ECO reporting requirements)

Electioneering Communications

• ECOs not allowed to use credit cards

• Prohibition on an ECO’s use of contributions received 5 days prior to an election has been deleted.

• Prohibition on an ECO’s accepting a contribution from 527 or 501(c)(4) tax-exempt organization has been deleted

Electioneering Communications

Electioneering Communications

• An electioneering communication telephone call has its own political disclaimer requirement

Independent Expenditures

• Threshold for reporting independent expenditures and the reporting threshold for each individual who makes an electioneering communication is raised from $100 to $5,000 (s. 106.071)

Florida Elections Commission

• Respondent may not request that willfulness be determined at an informal hearing until after probable cause is found

• This precludes a request being made during the investigative phase

Questions?