The Florida Election Integrity Bill of 2023

Jan 18, 2023.

In Memory of Pete Antonacci, who was actively investigating voter fraud before his sudden and unexpected death. 

Links to current statutes:

https://flsenate.gov/Laws/Statutes/2021/Chapter101

https://m.flsenate.gov/Statutes/97.053

97.053 Acceptance of voter registration applications. –

(1)  Shall be amended by striking language in italics/underlined and amended to read:  

1.  Voter registration applications, changes in registration, and requests for a replacement voter information card must be accepted in the office of any Supervisor of Elections. the division, a driver license office, a voter registration agency, or an armed forces recruitment office when hand delivered by the applicant or a third party during the hours that office is open or when mailed.

Sections (2), (3) and (4) will be deleted. 

(5) (a) A voter registration application is complete if it contains the following information necessary to establish the applicant’s eligibility pursuant to s. 97.041, including:

(5) (a)

1.  The applicant’s name.

2.  Is hereby amended by deleting the italicized/underlined language. 

The applicant’s address of legal residence, including a distinguishing apartment, suite, lot, room, or dormitory room number or other identifier, if appropriate. Failure to include a distinguishing apartment, suite, lot, room, or dormitory room or other identifier on a voter registration application does not impact a voter’s eligibility to register to vote or cast a ballot, and such an omission may not serve as the basis for a challenge to a voter’s eligibility or reason to not count a ballot.

3.  The applicant’s date of birth.

4.  A mark in the checkbox affirming that the applicant is a citizen of the United States.

4 is amended to add part (a)

Each Florida County Secretary Of Election’s office is responsible to verify U.S. Citizenship for every registered voter in their county. Citizenship shall be validated only with a US Passport, US naturalization papers, a US birth certificate with a government photo ID with the exact same name, or a government photo ID with valid marriage license or other valid forms of name change.

Part 5 is amended by striking part (b) to read:

5. The applicant’s current and valid Florida driver license number or the identification number from a Florida identification card issued under s. 322.051, or

b. If the applicant has not been issued a current and valid Florida driver license or a Florida identification card, the last four digits of the applicant’s social security number. In case an applicant has not been issued a current and valid Florida driver license, Florida identification card, or social security number, the applicant shall affirm this fact in the manner prescribed in the uniform statewide voter registration application.

6.  All parts 1-5 must be verified by SOE with documentation of 101.043(1)(a) as amended. 

1. Florida driver license.

2. Florida identification card issued by the Department of Highway Safety  and Motor Vehicles.

3. United States passport.

5. US Military identification.

8. The original signature or a digital signature transmitted by the Department of Highway Safety and Motor Vehicles of the applicant swearing or affirming under the penalty for false swearing pursuant to s. 104.011 that the information contained in the registration application is true and subscribing to the oath required by s. 3, Art. VI of the State Constitution and s. 97.051.

(b) n applicant who fails to designate party affiliation must be registered without party affiliation. The supervisor must notify the voter by mail that the voter has been registered without party affiliation and that the voter may change party affiliation as provided in s. 97.1031.

Part (6) is deleted. 

(6) A voter registration application, including an application with a change in name, address, or party affiliation, may be accepted as valid only after the department has verified the authenticity or nonexistence of the driver license number, the Florida identification card number, or the last four digits of the social security number provided by the applicant. If a completed voter registration application has been received by the book-closing deadline but the driver license number, the Florida identification card number, or the last four digits of the social security number provided by the applicant cannot be verified, the applicant shall be notified that the number cannot be verified and that the applicant must provide evidence to the supervisor sufficient to verify the authenticity of the applicant’s driver license number, Florida identification card number, or last four digits of the social security number. If the applicant provides the necessary evidence, the supervisor shall place the applicant’s name on the registration rolls as an active voter. If the applicant has not provided the necessary evidence or the number has not otherwise been verified prior to the applicant presenting himself or herself to vote, the applicant shall be provided a provisional ballot. The provisional ballot shall be counted only if the number is verified by the end of the canvassing period or if the applicant presents evidence to the supervisor of elections sufficient to verify the authenticity of the applicant’s driver license number, Florida identification card number, or last four digits of the social security number no later than 5 p.m. of the second day following the election.

(7) ll voter registration applications received by a voter registration official shall be entered into the statewide voter registration system within 13 days after receipt. Once entered, the application shall be immediately forwarded to the appropriate supervisor of elections.

History.—s. 11, ch. 94-224; s. 27, ch. 97-13; s. 5, ch. 98-129; s. 4, ch. 2003-415; s. 5, ch. 2005-277; s. 6, ch. 2005-278; s. 13, ch. 2007-30; s. 3, ch. 2008-95; s. 2, ch. 2016-23; s. 22, ch. 2019-162; s. 15, ch. 2020-2; s. 5, ch. 2021-11.

Is hereby amended by adding a new Section (8)

All voter registrations shall expire every December 31st, at midnight. All voters shall renew their voter registrations each year to vote in that year. The initial registration shall be accomplished with proof of citizenship and proof of residence, and shall include one or more of the following: passport, naturalization papers, birth certificate with photo I.D. / driver’s license.  

(a) All subsequent voter registrations, as long as there are no changes in citizenship status or specific residence, may be accomplished through a secure program guarding personal information, online.

(b) Every voter registration card shall have a number, which shall be entered into a State database to check for duplicate names and multiple registrations. No voter can be registered to vote in more than one county nor under more than one name. Upon finding duplicate registrations or multiple registrations of the same name, or potential multiple registrations of the same person, the counties involved shall communicate with each other to determine which is the current valid registration. The person involved shall also confirm their only valid registration with the county where they are able to vote.

101.043 Identification required at polls.—

Shall keep the following language:

(1)(a) The precinct register, as prescribed in s. 98.461, shall be used at the polls for the purpose of identifying the elector at the polls before allowing him or her to vote. The clerk or inspector shall require each elector, upon entering the polling place, to present one of the following current and valid picture identifications:

1. Florida driver license.

2. Florida identification card issued by the Department of Highway Safety  and Motor Vehicles.

3. United States passport.

5. US Military identification.

And shall delete the following language in italics and underlined:

4. Debit or credit card.

6. Student identification.

7. Retirement center identification.

8. Neighborhood association identification.

9. Public assistance identification.

10. Veteran health identification card issued by the United States Department of Veterans Affairs.

11. A license to carry a concealed weapon or firearm issued pursuant to s. 790.06.

12. Employee identification card issued by any branch, department, agency, or entity of the Federal Government, the state, a county, or a municipality.

Section (b) shall be amended by deleting the language that is underlined and in italics.

(b) If the picture identification does not contain the signature of the elector, an additional identification that provides the elector’s signature shall be required. The address appearing on the identification presented by the elector may not be used as the basis to challenge an elector’s legal residence. The elector shall sign his or her name in the space provided on the precinct register or on an electronic device provided for recording the elector’s signature. The clerk or inspector shall compare the signature with that on the identification provided by the elector and enter his or her initials in the space provided on the precinct register or on an electronic device provided for that purpose and allow the elector to vote if the clerk or inspector is satisfied as to the identity of the elector.

Section (2) is hereby amended by striking the language in italics and underlined.

(2) If the elector fails to furnish the required identification, the elector shall be allowed to vote a provisional ballot. The canvassing board shall determine the validity of the ballot pursuant to s. 101.048(2).

And shall now read:

(2) If the elector fails to furnish the required identification, the elector shall not be able to vote until such required identification is provided.

All IDs must be up to date and accurate. No name or address changes made or accepted on Election day.

If your ID is not correct on Election Day, you won’t be eligible to vote on Election Day. (Registered voters to be warned of this by post card, posting on SOE web site, 6 months prior to an election.  

101.151 Specifications for ballots.—

Section (1)(b) below, shall be deleted:

(1)(b)  Polling places and early voting sites may employ a ballot-on-demand production system to print individual mark-sense ballots, including provisional ballots, for eligible electors. Ballot-on-demand technology may be used to produce mark-sense vote-by-mail and election-day ballots

And shall be replaced by this:

(1)(b) All ballots are preprinted. No on demand printing of ballots ever (because this requires machines that can have internet connections).

Section (1) shall be further amended by adding new parts (c) and (d).

(c) If early voting is allowed, all ballots must be sorted and stored by precinct. Important for any audit. 

(d) Create a pool to pull from (just like jury duty), of retired military/first responders and other responsible volunteers, who are registered voters in the US, to be vetted, background checked and bonded, in order to count the votes on the paper ballots at each individual precinct on election night. 

102.031 Maintenance of good order at polls; authorities; persons allowed in polling rooms and early voting areas; unlawful solicitation of voters.

Is amended by striking the language in italics and underlined from Section (5).

(5) No photography is permitted in polling room or early voting area, except an elector may photograph his or her own ballot.

And adding language, so as to now read.

(5) An elector may photograph his or her own ballot. Otherwise no other personal photography or video allowed. 

Chapter 102.131 is further amended by adding Section (6).

(6) All paper ballot vote counting is required to be video taped by official government election office video cameras. Videos shall be preserved for 5 years.  

101.24 Ballot boxes and ballots.

This section shall be amended by deleting all the current language below in italics and underlined.

The supervisor of elections shall prepare for each polling place one ballot box of sufficient size to contain all the ballots of the particular precinct, and the ballot box shall be plainly marked with the name of the precinct for which it is intended. An additional ballot box, if necessary, may be supplied to any precinct. Before each election, the supervisor shall place in the ballot box or ballot transfer container as many ballots as are required in s. 101.21. After securely sealing the ballot box or ballot transfer container, the supervisor shall send the ballot box or ballot transfer container to the clerk or inspector of election of the precinct in which it is to be used. The clerk or inspector shall be placed under oath or affirmation to perform his or her duties faithfully and without favor or prejudice to any political party.

And adding new language so the title and section shall now read:

101.24 Ballot Drop Boxes.   

Shall only be allowed inside Secured Secretary of Elections (SOE) offices, and must have one of the above 4 verified IDs in 101.043(1)(a), documented to drop off any ballots. Documentation must be kept of the transporter of the mail in ballots by their full name. Each voter’s ballot to be dropped off, must be listed by name and relationship to transporter, as well as what type of ID of transporter was used to verify. All Ballots must be stored by precinct. 

101.5608  Voting by electronic or electromechanical method; procedures.

This section language is repealed, and is replaced by the following.

101.5608 Voting by electronic or electromechanical method; procedures.  

(1) Voting and vote counting shall not be accomplished at any point in the voting process, by use of any kind of voting machine or device. All voting machines, EVID's, Poll Books, and any and all related counting and scanning devices, whether in use or in storage, shall be banned from any election use within the State of Florida.

(2) Paper ballots and paper log books shall be the only means by which to record individual votes and vote tallies.

(3) Voting precincts shall be limited to 1000 people, or less.

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