s. 97.052 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 100.011

(c) Address of legal residence. (d) Mailing address, if different. (e) County of legal residence. (f) Race or ethnicity that best describes the appli-

cant: 1. American Indian or Alaskan Native. 2. Asian or Pacific Islander. 3. Black, not of Hispanic origin. 4. White, not of Hispanic origin. 5. Hispanic. (g) Sex. (h) Party affiliation. (i) Whether the applicant needs assistance in vot-

ing. (j) Name and address where last registered. (k) Social security number (optional). (I) Telephone number (optional). (m) Signature of applicant under penalty for false

swearing pursuant to s. 104.011, by which the person subscribes to the oath required by s. 3, Art. VI of the State Constitution and s. 97.051, and swears or affirms that the information contained in the registration appli­cation is true.

(n) Date of signature. (o) Whether the application is being used for initial

registration or to update a voter registration record. (p) Whether the applicant is a citizen of the United

States. (3) The uniform statewide voter registration applica­

tion must also contain: (a) The oath required by s. 3, Art. VI of the State

Constitution and s. 97.051. (b) A statement specifying each eligibility require­

ment under s. 97 .041. (c) The penalties provided in s. 104.011 for false

swearing in connection with voter registration. (d) A statement that the disclosure of a social secur­

ity number is voluntary, a citation of the statutory author­ity under which the social security number is being solic­ited, a delineation of the uses that will be made of the social security number, and a notice that the social security number will be open to public inspection.

(e) A statement that, if an applicant declines to reg­ister to vote, the fact that the applicant has declined to register will remain confidential and may be used only for voter registration purposes.

(f) A statement that informs the applicant who chooses to register to vote or update a voter registration record that the office at which the applicant submits a voter registration application or updates a voter registra­tion record will remain confidential and may be used only for voter registration purposes.

(4) A supervisor may produce a voter registration application that has the supervisor's direct mailing address if the department has reviewed the application and determined that it is substantially the same as the uniform statewide voter registration application.

(5) The voter registration application form pre­scribed by the Federal Election Commission pursuant to the National Voter Registration Act of 1993 or the federal postcard application must be accepted as an applica­tion for registration in this state if the completed applica­tion or postcard application contains the information required by the constitution and laws of this state.

History.- s. 5, ch. 25391, 1949: s. 2. ch. 26870, 1951: s. 1. ch. 59-231: s. 8, ch. 65-134: s. 1, ch. 67-170; s. 8, ch. 69-377: ss. 10, 35, ch. 69-106: s. 2, ch 72-63: s. 5, ch. 77-175: s. 23, ch. 84-302: s. 6, ch. 89-338: s. 10, ch. 94-224: s. 2, ch. 96-327.

Note.-Former s. 97.05: s. 98. 111

97.0583 Voter registration at qualifying educa­tional institutions.-Each qualifying educational institu­tion shall provide each student enrolled in that institution the opportunity to register to vote or to update a voter registration record on each campus at least once a year. Qualifying educational institutions are also encouraged to provide voter registration services at other times and places, such as upon application for financial aid, during admissions, at registration, upon issuance of student identifications, and at new-student orientation.

Hiatory.-s. 3, ch. 96-327

97.0585 Declinations to register; place of registra­tion and registration information; confidentiality.-

(1) All declinations to register to vote made pursuant to ss. 97.057 and 97.058 are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may be used only for voter registration purposes.

(2) Information relating to the place where a person registered to vote or where a person updated a voter registration is confidential and exempt from the provi­sions of s. 119.07(1) and s. 24(a), Art. I of the State Con­stitution; and a voter's signature, social security num­ber, and telephone number may not be copied and are exempt for that purpose from the provisions of s. 119.07( 1) and s. 24(a), Art. I of the State Constitution.

History.-ss. 1, 2, ch. 94-345: s 24. ch. 96-406.

CHAPTER 100

GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS

100.011 Opening and closing of polls, all elections; expenses.

100.011 Opening and closing of polls, all elections; expenses.-

(1) The polls shall be open at the voting places at 7:00 a.m., on the day of the election, and shall be kept open until 7:00 p.m., of the same day, and the time shall be regulated by the customary time in standard use in the county seat of the locality. The inspectors shall make public proclamation of the opening and closing of the polls. During the election and canvass of the votes, the ballot box shall not be concealed.

(2) The time of opening and closing of the polls shall be observed in all elections held in this state, including municipal and school elections.

(3) The expenses of holding all elections for county and state offices necessarily incurred shall be paid out of the treasury of the county or state, as the case may be, in the same manner and by the same officers as in general elections.

(4)(a) The provisions of any special law to the con­trary notwithstanding, the expenses of holding a special district or community development district election, or

207

s. 100.011 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 101.5609

the district's proportionate share of regular election costs, as the case may be, shall be paid out of the dis­trict's treasury and in the same manner as in general elections. This subsection applies to any district, whether created by or pursuant to special or general law, which is a special district as defined in s. 200.001(8)(c) or a community development district as defined in s. 190.003(6).

(b) The provisions of any special law to the contrary notwithstanding, the supervisor of elections may impose an interest penalty on any amount due and owing to him or her from a special district or community development district if payment is not made within 30 days from receipt of the bill or within 10 working days of the required time authorized by interlocal agreement. The rate of such interest shall be the rate established pursu­ant to s. 55.03.

(c) The provisions of any special law to the contrary notwithstanding, all independent and dependent spe­cial district elections, with the exception of community development district elections, shall be conducted in accordance with the requirements of ss. 189.405 and 189.4051.

Hlstory.-s 23, ch. 3879, 1889; RS 177; s. 27, ch. 4328, 1895; GS 209; s. 8, ch. 6469, 1913; RGS253, 306; CGL309, 362; SS. 1,2, ch. 20409, 1941; SS. 1, 2, ch. 22739, 1945; s. 4, ch. 25384, 1949; s. 4, ch. 26870, 1951; s. 12, ch. 77-175; s. 6, ch. 87-363; s. 53, ch. 89-169; s. 543, ch. 95-147; s. 4, ch. 96-327.

Note.-Former ss. 99 07, 102.08.

CHAPTER 101

VOTING METHODS AND PROCEDURE

101.5609 101.62 101.64

101.65 101.655

101.68 101.69 101.694

Ballot requirements. Request for absentee ballots. Delivery of absentee ballots; envelopes;

form. Instructions to absent electors. Supervised voting by absent electors in cer-

tain facilities. Canvassing of absentee ballot. Voting in person; return of absentee ballot. Mailing of ballots upon receipt of federal

postcard application.

101.5609 Ballot requirements.-(1) When an electronic or electromechanical voting

system utilizes a ballot card or paper ballot which is dis­tributed to electors, the ballot shall meet the following requirements:

(a) The ballot shall have at least two stubs. Stub number one shall have the ballot serial number on it. Stub number two, the stub adjacent to the ballot card, shall have the official title of the election with the name of the county and state on it and may be long enough to cover the ballot to provide secrecy after the ballot has been marked. The ballot serial number may also be on stub number two.

(b) Ballots to be used in the precincts shall be assembled in pads so that stub number one will remain on the ballot pad and stub number two will go with the ballot. On absentee ballots, stub number one shall be retained by the supervisor and stub number two may be retained by the supervisor or sent with the ballot.

(2) The ballot information shall, as far as practicable, be in the order of arrangement provided for paper bal­lots. Ballots for all questions or propositions to be voted on shall be provided in the same manner and shall be arranged on or in the voting device, if necessary, in the places provided for such purposes.

(3) When an electronic voting system utilizes a ballot information booklet for candidates and propositions to be voted upon, such ballot information may be provided with a series of pages distinguished by different colors. More than one public measure or proposition may be placed on the same page or series of pages.

(4) In a primary election, a separate ballot shall be used for each political party holding a primary. One bal­lot may be used for recording the voter's vote on all races, proposals, public measures, or propositions to be voted upon on the day of the primary election.

(5) If the ballot information booklet includes pages containing candidates for office and pages containing public measures or propositions to be voted on, the election official in charge of the election shall divide the pages by protruding tabs identifying the division of the pages which relate to candidates, constitutional amend­ments, bond referenda, or other propositions.

(6) Voting squares may be placed in front of or in back of the names of candidates and statements of questions and shall be of such size as is compatible with the type of system used. Ballots and ballot information shall be printed in a size and style of type as plain and clear as the ballot spaces reasonably permit. Tear-off stubs shall be of a size suitable for the ballots used and for the requirements of the voting device. The ballots may contain special printed marks and holes as required for proper positioning and reading of the ballots by the automatic tabulating equipment. When ballots are bound into pads. they may be bound at the top or bot­tom or at either side. In the case of the paper ballots, all offices and questions may be printed on the same sheet of paper.

(7)(a) Absentee ballots may consist of ballot cards, envelopes, or paper ballots voted in person in the office of the election official in charge of the election, voted by mail, or delivered as provided ins. 101.62(4).

(b) When a ballot card is used for voting by mail, it shall be accompanied by a marking device, if necessary; voter instructions; a secrecy envelope which will main­tain the secrecy of a marked ballot; a mailing envelope; a specimen ballot, if necessary, showing the proper positions to vote on the ballot card for each party, candi­date, proposal, public measure, or proposition; and any other item needed by the elector to cast his or her vote.

(c) The voted absentee ballot shall be placed in a secrecy envelope before being placed in the mailing envelope on which the voter's certificate is printed.

(d) In any election in which a write-in candidate has qualified, the supervisor of elections shall provide for write-in voting by absent electors pursuant to rules adopted by the Division of Elections.

(8) The Department of State shall adopt rules pre­scribing standards for ballots used in electronic or electromechanical voting systems. Such standards shall ensure that ballots are counted in a uniform and consist­ent manner and shall include, without limitation, stand­ards for the:

208